CLE Providers FAQ
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Answer: We accept the Uniform Application for Accreditation (also known as Form 1). Contact the Commission to have a form sent to you if you do not already have one, or download one from the forms page using Adobe Acrobat Reader. Use of the new online application is the preferred method. The only required attachment to the application is a program agenda, payment of the application fee is required for single program applications, made payable to Commission on Continuing Legal Education. (See Fee Schedule for appropriate application fee.)
Answer: If the program doesn't change at all from presentation to presentation (agenda, speakers, materials, etc. remain the same), we will accept the application fee and one application for all presentations within one year's time. At the end of that year, the provider will have to submit another application to continue accreditation, even if the program has not changed, if the provider wants to maintain accreditation. After approval of the initial presentation, the provider must notify the Commission of subsequent presentations in writing at least 30 days in advance of the presentation. Separate activity codes are issued to each presentation.
Answer: Yes. Generally, an Accredited Sponsor should have a history of accreditation with the Commission, but we will also approve sponsors on a provisional status in certain circumstances. Accredited Sponsors must agree to apply to the Commission for accreditation of each program for credit for each program at least 30 days in advance. In addition, the sponsor must submit attendance records within 45 days after the program, provide attendees with an attendance certificate and to maintain original attendance records on file for at least three years following the date of the program. Also, a $250.00 fee and annual agreement are required; but there is no subsequent charge for individual program applications. There is an additional $25 program fee for eCLE programs. Refer to Rule 8 for more details and contact the Commission to request an application form be sent to you.
Answer: The CLE Rules allow for the accreditation of eCLE by the Commission, as long as the activity meets the standards for accreditation. We consider eCLE to be any educational activity where the provider is not physically present with the attorney as the activity is underway (therefore, a satellite broadcast to a public and staffed remote place of reception is not eCLE, but the same broadcast to an attorney's desktop computer or an unstaffed law firm conference room is). For current information, please refer to our page on eCLE. The Commission will approve for credit satellite video broadcasts in an organized setting, and monitored videotape broadcasts, with restrictions.
Answer: Yes. We consider a program to be in-house when a firm or company is providing the program for the benefit of its lawyers only; if a firm has an outside speaker come in, contracts with a provider of public CLE programs, or has its partners speak to its associates it is still considered in-house as long as attendance is restricted to attorneys with that firm.
Answer: Delaware grants one credit hour to each 60-minute period of instruction. This excludes all breaks, welcoming remarks, business meetings, and other non-substantive portions of a program. Instruction held during a mealtime is eligible for credit at the discretion of the Commission. Exceptions are made for "brown bag" luncheons or continental breakfasts, where the room setting is still classroom-style and the attendees' hands are still free for taking notes.
Answer: We do not accredit programs or portions of programs dealing with marketing. We do now accredit most forms of management and technology courses. However, we cannot grant credit to www-related sessions if they deal with law firm marketing. Please also refer to our policies page for current policy regarding courses in questionable areas. In short, the purpose of a CLE program, as stated in the CLE Rules, is to improve the professional competence of a lawyer or a judge. Along these lines, the Commission will not grant credit to non-substantive topics, such as funding pro-bono work, and also will not grant blanket approval to seminars not advertised to and geared towards lawyers.
Answer: The individual program application fee is not waived under any circumstance. The $250.00 sponsor fee may be waived for Accredited Sponsors approved by the Commission when the approved continuing legal education activities are presented under the supervision of the Delaware State judiciary, or when the approved continuing legal education activities are provided free of charge to all attendees. Remember, the fee is an application fee, not an approval fee, so be sure to read all Rules and materials carefully. The fee will not be refunded if the program is denied.
Answer: Attendance maintenance consists of three parts and is covered under Rule 6. First, the provider must submit a list of attendees to the Commission. This list must include the program identification number assigned by the Commission, a listing of Delaware attorneys with their Supreme Court identification numbers, and the number of credits earned by each attorney, including credits in Enhanced Ethics, if any. Also, the provider must give each attendee a certificate of attendance with the same information, as well as specifics regarding the program attended. The Uniform Certificate of Attendance is acceptable, as long as it does not instruct Delaware attorneys to return the certificate to their state CLE board. Finally, we require providers to maintain original attendance records for 3 years after the program. The sponsor may not submit copies of the attendance certificates to the Commission in lieu of a list; the sponsor's independent verification of credits earned is required. Finally, please note that the attorney will not be credited with having attended the program if the list does not specifically note the number of credits earned. For greatest accuracy, providers are requested to have a representative present throughout the program to verify that attendees sign in at each program session - signing out is no longer required. However, another record maintenance system may be acceptable if approved by the Commission. Attendance may be reported electronically. The subject line of the email should include the course identification number assigned by the Commission, and attendance data should either be in the body of the email or in an attachment to the e-mail. Preferably, attendance should now be reported through the Commission's online system (www.desclms.org).
Answer: Can I assume that my program is approved in Delaware if the MCLE Board of the state in which my program is presented has approved my program? No. For a program to be given Delaware CLE credit, it must be approved by the Delaware Commission on Continuing Legal Education.
Commission on Continuing Legal Education of the Supreme Court of Delaware
The Renaissance Centre
405 North King Street, Suite 420
Wilmington, DE 19801