MCLE AUDITS

Written by Erin Joyce^* & Soovya Nagin^**

In 2011, the State Bar’s prosecution arm, the Office of Chief Trial Counsel, began random audits of Minimum Continuing Legal Education or MCLE compliance. Current MCLE compliance requirements mandate that for the compliance period ending January 31, 2024, licensees must complete and report 25 hours of MCLE within a three-year compliance period, adhering to specific criteria. This includes at least 12.5 participatory credit hours, four credit hours of legal ethics, two credit hours addressing bias elimination, one of which must focus on implicit bias, and another addressing substance abuse or other impairments to legal competence. New requirements for the compliance period ending January 31, 2025, mirror these criteria but also include two hours on competence education, covering prevention and detection, attorney wellness, technology in legal practice, and civility in the legal profession. Rule 2.73 mandates nonexempt California attorneys retain a provider’s certificate of attendance for one-year post-certification of compliance. Rule 2.90 defines "non-compliance" as failure to maintain records of MCLE compliance. Moreover, many attorneys are unaware that they can seek modifications to their MCLE requirements under rule 2.55, "because of a physical or mental condition, natural disaster, family emergency, financial hardship, or other good cause."

The first letter of the attorney’s last name determines which compliance group they are assigned to, of which there are three. While the bar previously only conducted audits every few years, in 2011 they began completing annual audits. With each audit, only 1% to 5% of compliance groups get selected at random, a majority of which are found in compliance.

If an attorney has not completed their MCLE requirements by the time they are required, they can pay a $100 dollar fee which will grant an additional 60 days to complete and report their training. Failure to pay the penalty and comply with the audit by the deadline on the notice will result in the placement of the attorney on Administrative Inactive Status or Not Eligible to Practice Status until proof of compliance, payment of the $100 penalty, and an additional payment of the $300 reinstatement fee are submitted. It should be noted that the fees changed effective May 2023. Prior to said date, the penalty fee was $75, and the reinstatement fee was $200. Nevertheless, if placed on involuntary inactive enrollment for failure to comply with MCLE obligations, the bar places a consumer alert on the attorney’s online bar profile. Until the attorney complies with the audit, they will not be eligible for reinstatement. Additionally, if an attorney files a false declaration of compliance, they may be referred to the State Bar discipline system where they may face a moral turpitude charge and possible suspension or disbarment. If an attorney is candid, pays the $100 penalty, and completes their requirements within 60 days, then the State Bar can still choose