Subchapter A. PROFESSIONAL RESPONSIBILITY
Rule
101. Title and Citation.
102. General.
103. Board.
104. Powers and Duties of the Board.
105. Continuing Legal Education Requirement.
106. Providers.
107. Minimum Standards for Course Approval.
108. Credit for Continuing Legal Education Courses and Activity.
109. Financing the Continuing Legal Education Board.
110. Reporting Responsibilities.
111. Lawyer Noncompliance.
112. Reporting of Board.
113. Waivers and Extensions.
Source The provisions of this Chapter 82 adopted January 7, 1992, effective January 7, 1992, 22 Pa.B. 343, unless otherwise noted.
Rule 101. Title and Citation.
These rules shall be known as the Pennsylvania Rules for Continuing Legal Education and may be cited as ‘‘Pa. R.C.L.E. ________.’’
Rule 102. General.
(a) Purpose. These rules are adopted to assure that lawyers admitted to practice in the Commonwealth of Pennsylvania continue their education to have and maintain the requisite knowledge and skill necessary to fulfill their professional responsibilities.
(b) Definitions. Subject to any definitions contained in subsequent rules, the following words and phrases, when used in these rules shall have, unless the context clearly indicates otherwise, the following meanings:
Active Lawyer—A member in good standing of the bar of the Supreme Court of Pennsylvania, who is not an active or senior member of the judiciary. A lawyer who is active for any part of a year must comply with these rules.
Administrative Office—The Administrative Office of Pennsylvania Courts.
Administrator—The head of the administrative staff of the Board.
Board—The Continuing Legal Education Board established by these rules.
CLE—Continuing legal education to be provided under these rules.
Compliance Period—The twelve month time period assigned to a lawyer within which he or she must comply with their annual CLE requirement, except during the implementation period from July 1, 1992 through December 31, 1993.
Fiscal Year—The fiscal year of the Board which shall end December 31.
Provider—A corporation or association which has been accredited by the Board to provide continuing legal education under these rules or a corporation or association which provides one (1) or more continuing legal education courses approved by the Board.
Supreme Court—The Supreme Court of Pennsylvania existing under Section 2 of Article V of the Constitution of Pennsylvania.
Verified Statement—A document filed with the Board or the Supreme Court under these rules containing statements of fact and a statement by the signatory that it is made subject to the penalties of 18 Pa. C.S.A. § 4904 (relating to unsworn falsification to authorities).(c) Gender; Number; Tense: In these rules the masculine shall include the feminine, and the feminine shall include the masculine; the singular shall include the plural, and the plural, the singular; words used in the past or present tense shall include the future.
(d) Effective date: These rules shall become effective on the first day of the sixth month following their adoption by the Supreme Court.
Source The provisions of this Rule 102 amended July 1, 1992, effective immediately, 22 Pa.B. 3724; amended February 1, 1994, effective immediately, 24 Pa.B. 1085; amended March 7, 1995, effective immediately, 25 Pa.B. 1079; amended September 16, 1996, effective immediately, 26 Pa.B. 4760. Immediately preceding text appears at serial pages (212255) to (212256).
Rule 103. Board.
(a) Establishment. The Supreme Court hereby establishes the Continuing Legal Education Board (‘‘Board’’).
(b) Constituency. The Board shall consist of ten (10) members appointed by the Supreme Court. Each member of the Board shall be an active member of the Bar of this Commonwealth with his or her primary residency in the Commonwealth of Pennsylvania.
(c) Organization. The Supreme Court shall appoint from the members of the Board a chairman and a vice chairman. The Board may designate such other officers and form such committees as it deems appropriate.
(d) Board Member Terms. The regular term of members of the Board shall be for three (3) years, and no member may serve for more than two (2) consecutive three-year terms. The terms of a third of the members, as nearly as may be, shall expire at the end of the fiscal year. The terms of the first Board shall be staggered so that three members shall be appointed for three years, three members for two year terms, and three members for a one year term.
(e) Action by Board. Five Board members in office shall constitute a quorum. The Board shall act only with the concurrence of not less than five Board members. The Board may adopt rules providing for the holding of teleconference meetings.
(f) Compensation and Expenses. Board members shall receive no compensation for services provided under these rules. Board members shall be reimbursed by the Board for their reasonable and necessary expenses in attendance at meetings and in otherwise fulfilling their responsibilities.
(g) Immunity. The Board, and its members, employees and agents are immune from all civil liability for conduct and communications occurring in the performance of their official duties relating to the administration of the continuing legal education requirements.
Source The provisions of this Rule 103 amended August 21, 1992, effective immediately, 22 Pa.B. 4526; amended November 29, 1993, 23 Pa.B. 5882; amended March 19, 2012, effective in 30 days, 42 Pa.B. 1638; amended May 27, 2015, effective in 30 days, 45 Pa.B. 2825. Immediately preceding text appears at serial pages (220790) and (360771).
Rule 104. Powers and Duties of the Board.
(a) To administer these rules;
(b) To adopt regulations and procedures consistent with these rules;
(c) To report to the Supreme Court at least annually and at such other times as the Supreme Court shall require;
(d) To recommend a budget for approval by the Supreme Court, to receive monies and to expend funds for operation of the Board to fulfill its duties under these rules;
(e) To employ an administrator and such other staff as may be required from time to time;
(f) To accredit providers of CLE;
(g) To approve subjects which will receive credit for CLE requirements;
(h) To audit, examine, inspect and review the operations of providers, including instructors, classes, curricula, teaching materials, facilities, income and receipts from CLE to assure compliance with these rules and any rules adopted by the Board;
(i) To impose sanctions on providers where appropriate;
(j) To impose reasonable fees upon providers for support of Board operations and to reimburse the Board for expenditures relating to providers generally or to impose reasonable fees upon a provider for expenditures relating to such provider or its operation; and
(k) To impose reasonable fees upon active lawyers to reimburse the Board for expenditures relating to active lawyers generally or to impose reasonable fees upon an active lawyer for expenditures relating to such active lawyer.
(l) Provided, however, that all fees imposed by the Board shall be approved by the Supreme Court.
(m) To issue subpoenas and cause testimony to be taken under oath in any investigation or proceeding before the Board, Board member(s) or hearing examiner appointed by the Board. All subpoenas shall be issued in the name and under the seal of The Pennsylvania Supreme Court and served as provided by the Pennsylvania Rules of Civil Procedure.
(n) To order the testimony of a witness be taken by deposition within or without this Commonwealth in the manner prescribed and extent required for the taking of depositions in civil actions.
Source The provisions of this Rule 104 amended July 1, 1992, effective immediately, 22 Pa.B. 3724; amended November 29, 1993, 23 Pa.B. 5882; amended March 7, 1995, effective immediately, 25 Pa.B. 1079. Immediately preceding text appears at serial pages (186635) to (186636).
Rule 105. Continuing Legal Education Requirement.
(a) General Requirement.
1. Every active lawyer shall annually complete, during the compliance period to which he or she is assigned; the CLE required by the Board pursuant to these Rules and established in Board regulations.
2. CLE shall be on the subjects of:
(i) substantive law, practice and procedure,
(ii) lawyer ethics and the rules of professional conduct,
(iii) professionalism,
(iv) substance abuse as it affects lawyers and the practice of law.
3. The minimum annual CLE requirement shall be nine (9) hours, effective September 1, 1994, and twelve (12) hours, effective September 1, 1995.
(b) Fulfillment Requirements. The CLE requirement shall be fulfilled by attending the required number of CLE courses by providers or completing a CLE activity approved by the Board as sufficient to meet the CLE general requirement.
(c) Every newly admitted attorney shall attend the Bridge The Gap program, of at least four (4) hours, sponsored by an approved Bridge the Gap CLE provider prior to his or her first compliance deadline.
(d) Lawyers with an Emeritus license shall complete an annual CLE requirement of eight (8) hours pursuant to these rules and established in Board regulations.
Source The provisions of this Rule 105 amended July 1, 1992, effective immediately, 22 Pa.B. 3724; amended November 29, 1993, effective immediately, 23 Pa.B. 5882; amended June 22, 1994, effective immediately, 24 Pa.B. 3358; amended May 28, 2002, effective immediately, 32 Pa.B. 2864; amended May 9, 2018, effective in 30 days, 48 Pa.B. 3076. Immediately preceding text appears at serial page (377612).
Rule 106. Providers.
(a) Eligibility.
1. Accredited providers. A corporation or association may apply to the Board for accreditation as a CLE provider. Such accreditation shall constitute prior approval of CLE courses offered by such provider, subject to amendment, suspension or revocation of such accreditation by the Board.
2. Course providers. A corporation or association may apply to the Board for approval of CLE courses under Rule 107 and upon such approval, and while any course offered remains approved, such corporation or association shall be deemed a provider subject to these rules.
(b) Procedures for Accreditation. The Board shall establish by rules the procedures for accreditation of accredited providers and for sanctions including the revocation of accreditation.
(c) Minimum Standards for Providers.
1. A provider shall be an organization engaged in CLE which, during the two (2) years immediately preceding its application has sponsored at least five (5) separate courses which would comply with the requirements for course approval under these rules. A provider may be an ABA accredited law school or a bar association or Board approved legal service organization within the Commonwealth of Pennsylvania.
2. The Board may establish by regulations additional minimum standards for providers.
3. At all times a provider must:
a. Develop and implement methods to evaluate its course offerings to determine their effectiveness and the extent to which they meet the needs of lawyers, and, upon request from the Board, provide course evaluations by attendees;
b. If requested by the Board, a provider shall promptly submit information about the course including any brochure, advertisement or circular describing the course, a description of the method or manner of presentation of the course materials, and a set of any written, videotaped or audiotaped materials;
c. Provide courses consistent with the standards set forth in these rules and any rules adopted by the Board;
d. Make the course available to lawyers throughout the Commonwealth who are thought to be interested in the subject matter; and
e. Pay the administrative or provider fees and appropriate attendee fee, if any, established by the Board.
(d) Bridge the Gap Providers. Accredited providers may request Board approval to offer the Bridge the Gap program.
Source The provisions of this Rule 106 amended July 1, 1992, effective immediately, 22 Pa.B. 3724; amended November 29, 1993, effective immediately, 23 Pa.B. 5882; amended March 7, 1995, effective immediately, 25 Pa.B. 1079; amended September 16, 1996, effective immediately, 26 Pa.B. 4760; amended April 28, 2000, effective September 1, 2000, 30 Pa.B. 2350; amended May 28, 2002, effective immediately, 32 Pa.B. 2864; amended January 31, 2022, effective immediately, 52 Pa.B. 964. Immediately preceding text appears at serial pages (392242) and (340175).
Rule 107. Minimum Standards for Course Approval.
To be approved for credit, a CLE course or activity must meet the following standards:
(a) The course shall be of intellectual or practical content.
(b) The course shall contribute directly to lawyers’ professional competence or skills, or to their education with respect to their professional or ethical obligations;
(c) If a course does not bear entirely on the general requirements for CLE or the practice of law or the substance of laws, practice or procedure or if the method of presenting the course is below minimum standards, the Board may assign partial credit;
(d) Each faculty member must possess the necessary practical or academic skills to conduct the course effectively. Subjects should normally be taught by lawyers or judges;
(e) While written materials need not be distributed for every course, thorough, high quality, readable, carefully prepared written materials should be distributed to all participants at or before the time the course is offered whenever practicable;
(f) The course shall be presented in a suitable setting devoted to the educational activity of the program. No CLE shall consist solely of television viewing in the home, correspondence work, or self study, except as the Board shall approve to accommodate the needs of the handicapped or incapacitated. Video, motion picture or audio tape presentations may be used provided a faculty person is in attendance at all presentations to comment and answer questions. Distance learning programs may be approved if they meet interactive, technical and accreditation standards set forth by the Board;.
(g) The course must be open to any lawyer thought to be interested in the subject matter.
(h) The Board shall adopt rules which will allow providers to obtain prior approval of CLE courses or which may allow providers to obtain post presentation approval of CLE courses subject to the right of the Board to adjust the credit as provided in subsection (c).
Source The provisions of this Rule 107 amended July 1, 1992, effective immediately, 22 Pa.B. 3724; amended November 29, 1993, effective immediately, 23 Pa.B. 5882; amended March 7, 1995, effective immediately, 25 Pa.B. 1079; amended December 30, 2004, effective immediately, 35 Pa.B. 349; amended November 21, 2008, effective November 22, 2008, 38 Pa.B. 6360. Immediately preceding text appears at serial pages (308907) to (308908).
Rule 108. Credit for Continuing Legal Education Courses and Activity.
(a) Credit. Participants shall receive credit of one (1) hour for each sixty (60) minutes actually spent in attendance at an approved course.
(b) Law school courses. Courses by an ABA accredited law school, other than those required for a legal degree, which otherwise comply with these rules, shall qualify for credit.
(c) CLE credit for preparation. The Board shall establish rules for credit to be given to faculty members for the preparation of CLE courses which qualify for credit under these rules.
(d) Carry over credits. A balance of credit hours in excess of the current annual CLE requirement may be carried forward for the next two (2) succeeding years. No more than two times the current annual CLE requirement may be carried forward into the two succeeding years.
(e) The number of credits earned by distance learning education that may be applied to the annual compliance requirement shall not exceed six (6).
(f) Pro Bono CLE.
The number of credits earned by providing approved pro bono service that may be applied to the annual compliance requirement shall not exceed three (3).
Source The provisions of this Rule 108 amended February 1, 1994, effective immediately, 24 Pa.B. 1085; amended March 7, 1995, effective immediately, 25 Pa.B. 1079; amended February 20, 2001, effective March 1, 2001, 31 Pa.B. 1319; amended May 28, 2002, effective immediately, 32 Pa.B. 2864; amended December 30, 2004, effective immediately, 35 Pa.B. 349; amended November 5, 2008, effective immediately, 38 Pa.B. 6360; amended January 23, 2014, apply to the one-year compliance period beginning on May 1, 2014, and to all compliance periods commencing thereafter, 44 Pa.B. 768; amended January 31, 2022, effective immediately, 52 Pa.B. 964. Immediately preceding text appears at serial pages (340176) and (370657).
Rule 109. Financing the Continuing Legal Education Board.
(a) Provider fee. The cost of establishing, maintaining and operating the Board shall be paid by providers through a fee per credit established by the Board and paid to the Board at the time of the filing of the enrollment form. In the discharge of its responsibility, the Board shall adjust as far as possible any fee schedule adopted so as to reduce the financial impact on lawyers in the early years of practice and the sole practitioner generally.
(b) Effect of non-payment. If payment is not received by a due date to be established by the Board, a lawyer shall be deemed not to have fulfilled the lawyer CLE requirements, and the Board may impose sanctions on the provider, including revocation of accreditation.
(c) Audit. The Board shall annually obtain an independent audit by a certified public accountant of the funds entrusted to it and their disposition and shall file a copy of the audit with the Supreme Court.
Source The provisions of this Rule 109 amended March 7, 1995, effective immediately, 25 Pa.B. 1079. Immediately preceding text appears at serial pages (190351) to (190352).
Rule 110. Reporting Responsibilities.
(a) Provider report. Providers shall enroll attendees at CLE courses and shall file a written form with the Board or provide an electronic transmission to the Board listing all participants seeking CLE credit under these Rules in a format approved by the Board within thirty (30) days of the date of presentation of the course. The Board shall require verified statements as to the accuracy of the report it receives.
(b) CLE Compliance Report. The Board will notify each lawyer of his or her CLE status days prior to the end of the compliance period to which the lawyer has been assigned and will provide a final compliance notice after the end of the compliance period.
(c) Assumed compliance. The lawyer whose Board report indicates compliance with the CLE requirement may assume that he or she is in compliance.
(d) Disputed reports. If a lawyer shall disagree with the enrollment or annual reporting forms, the lawyer shall within thirty (30) days of the date thereof notify the Board in writing setting forth the matter in dispute.
(e) Board review. The Board shall establish regulations providing for review of its determination of the CLE credits earned by a lawyer and for resolving disputes.
Source The provisions of this Rule 110 amended July 1, 1992, effective immediately, 22 Pa.B. 3724; amended November 29, 1993, effective immediately, 23 Pa.B. 5882; amended March 7, 1995, effective immediately, 25 Pa.B. 1079. Immediately preceding text appears at serial page (190352).
Rule 111. Lawyer Noncompliance.
(a) Notification. If a lawyer shall fail to comply with these rules or if a lawyer is determined by the Board to be deficient in his or her CLE requirement, such lawyer shall be so notified in writing by the Board of the nature of such noncompliance and shall be given (60) days to remedy such noncompliance.
(b) Sanctions. If the Board finds the lawyer not in compliance with these rules or the regulations of the Board, it shall so report to the Supreme Court and recommend that the lawyer be placed on inactive statue.
Source The provisions of this Rule 111 amended July 1, 1992, effective immediately, 22 Pa.B. 3724. Immediately preceding text appears at serial page (165781).
Rule 112. Reporting of Board.
The Board shall report to the Supreme Court the names of all lawyers who are not in compliance under these rules, the names of all lawyers reinstated hereunder, and the names of all lawyers who have been granted waivers and extensions of CLE requirements by the Board and the basis therefor.
Rule 113. Waivers and Extensions.
These rules shall be strictly enforced but waivers of strict compliance with these rules or extensions of time deadlines provided in these rules may be made by the Board in cases of undue hardship or for other compelling reasons in accordance with the following:
(a) Waiver. When a lawyer on active status, because of circumstances beyond his or her control, cannot in any reasonable manner meet the requirement for continuing education in any given reporting year, these rules may be waived, in whole or in part.
(b) Application for Waiver. The application for waiver shall set forth the reason why the lawyer cannot comply with the minimum requirements of these rules; shall set forth the efforts made to comply; and shall be accompanied by a plan setting forth how the lawyer expects to continue his or her legal education during the period of time for which strict compliance is waived.
(c) Termination of Waiver. Waivers may be granted by the Board for such period as the Board may determine. Upon termination of the waiver, the Board may make such additional educational requirements as it deems appropriate.
(d) Extensions of Time. The Board may grant an extension of time for the completion of a lawyer’s CLE requirements upon such terms as the Board shall require.
Source The provisions of this Rule 113 amended March 7, 1995, effective immediately, 25 Pa.B. 1079. Immediately preceding text appears at serial pages (190353) and (177385).
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