SCR
CHAPTER 31
CONTINUING
LEGAL EDUCATION
SCR 31.01
Definitions.
In this
chapter:
(1) "Board" means the board of bar
examiners.
(2) "Committee" means a panel comprised
of at least 3 members of the board.
(3) (Repealed)
(4) "Hour" means a period of approved
continuing legal education consisting of not less than 50 minutes.
(5) "Inactive member" means an inactive
member of the state bar under SCR 10.03(3) and the bylaws of the state
bar.
(6) "Lawyer" means an active member of
the state bar under SCR 10.03(3) and the bylaws of the state bar and includes
an active member under suspension other than a person under a form of
suspension that will terminate only on order of the court or a person suspended
pursuant to SCR 31.10(1).
(6m) "Repeated on-demand program" means
an on-line program delivered over the Internet, repeating a program previously
approved by the board, and given at a time of the attendee's choosing within
twelve (12) months of the approval of the on-demand on-line program.
(7) "Reporting period" means the two‑year
period ending December 31 during which a lawyer must satisfy the Wisconsin
continuing legal education requirement of SCR 31.02. The reporting period for a
lawyer is determined by the year of his or her admission to the practice of law
in Wisconsin. The reporting period for a lawyer admitted in an even‑numbered
year shall end on December 31 of each even‑numbered year; the reporting
period for a lawyer admitted in an odd‑numbered year shall end on December 31 of each odd‑numbered year.
(8) "State bar" means the state bar of
Wisconsin.
SCR
31.02 Attendance requirement.
(1) A
lawyer shall attend a minimum of 30 hours of approved continuing legal
education during each reporting period.
(2) A lawyer shall attend a minimum of 3 of the
30 hours required under sub. (1) on the subject of legal ethics and
professional responsibility in every reporting period.
SCR
31.03 Reporting requirement.
(1) A written report under oath or affirmation
designated CLE Form 1 shall be filed with the board by a lawyer on or before
the last day of the reporting period. The written report shall establish
compliance with the attendance requirement of SCR 31.02.
(2) A lawyer who has not satisfied SCR 31.02 and
completed the reporting requirement under sub. (1) by the close of business on
the February 1 following the last day of the reporting period shall be assessed
a late fee of $50.
SCR
31.04 Exemptions.
(1) A lawyer is exempt from the attendance and
reporting requirements of this chapter in the year of his or her admission to
the practice of law in Wisconsin.
(2) A lawyer who does not engage in the practice
of law in Wisconsin at any time during the reporting period is exempt from the
attendance requirement of SCR 31.02 but shall comply with the reporting
requirement of SCR 31.03.
SCR
31.05 Approved hours.
(1) Only activities approved by the board may be
used to satisfy the requirement of SCR 31.02.
(2)(a) Up to 15 hours of approved continuing legal
education may be carried forward to the next reporting period if all of the
following conditions are met:
1. The CLE Form 1 reflecting the hours that are
to be carried forward is filed by the close of business on the February 1
following the last day of the reporting period.
2. The hours that are to be carried forward
reflect attendance during the reporting period covered by the CLE Form 1.
3. The hours that are to be carried forward
reflect attendance at courses that are approved by the Board at the time that
the CLE Form 1 is filed.
(b) Courses that are approved by the Board
subsequent to the time that the CLE Form 1 is filed may not be used for carry‑over.
(c) Continuing legal education approved by the
board for legal ethics and professional responsibility may not be carried
forward under this subsection for the purpose of fulfilling the legal ethics
and professional responsibility requirement of SCR 31.02(2) but may be carried
forward under par. (a), subject to par. (b).
(3) Teaching an approved continuing legal or
judicial education activity or teaching a course in a law school approved by
the American bar association may be used to satisfy the requirement of SCR
31.02. The board shall award 2 hours for each hour of presentation of the
approved continuing legal or judicial education activity and one hour for each
hour of presentation for teaching a course in a law school.
(4) Participation in an educational activity
approved by the judicial education committee may be used to satisfy the
requirement of SCR 31.02.
(5)(a) A repeated
on-demand program may be used to satisfy the requirement of SCR 31.02, if all
of the following conditions are met:
1. The repeated
on-demand program is approved prior to being claimed for credit by a lawyer on
CLE Form 1.
2. Sponsors of
the approved on-demand on-line program must maintain a roster verifying the
attendance of all attorneys logged-in and paying for the program and provide
the roster to the board if requested.
(b) No more than
10.0 credits may be claimed for repeated on-demand programs during a lawyer's
reporting period.
(c) No legal
ethics and professional responsibility credit is allowed for a repeated
on-demand program.
(d) Repeated
on-demand programs may not be used for reinstatement, readmission, or
reactivation.
(6) Each hour of
service on the office of lawyer regulation district committee or as an office
of lawyer regulation special investigator may be used to satisfy the
requirements of SCR 31.02, to a maximum of 3.0 hours of legal ethics and
professional responsibility credit per reporting period, provided that the
office of lawyer regulation maintains a roster verifying service and provides
the roster to the board if requested.
SCR
31.06 Attendance and reporting
requirements for persons upon reactivation or reinstatement.
The board
shall determine the attendance and reporting requirements for a person who
seeks to change from inactive to active membership in the state bar or for a
person who seeks reinstatement following voluntary resignation from the state
bar, license suspension that will terminate only on order of the court, or
license revocation.
SCR
31.07 Standards for approval of
continuing legal education activities.
(1) The board shall designate the number of hours
applicable to the requirement of SCR 31.02 for each approved continuing legal
education activity.
(2) The following standards shall govern the
approval of continuing legal education activities by the board:
(a) The primary objective of any continuing legal
education activity shall be to increase the attendee's professional competence
as a lawyer.
(b) The continuing legal education activity shall
deal primarily with matters related to the practice of law, professional
responsibility or ethical obligations of lawyers.
(c) A mechanically or electronically recorded
activity will be approved only if a qualified instructor is available to
comment and answer questions.
(d) Continuing legal education materials shall be
prepared and activities conducted by an individual or group qualified by
practical or academic experience.
(e) Continuing legal education activities shall
be accompanied by thorough, well‑organized and readable written materials
which are available to attendees at the time of presentation unless otherwise
permitted by the board.
(f) The board may grant approval of an activity
to an individual lawyer, although the activity itself does not satisfy SCR
31.07(2)(a) and (b), where the lawyer demonstrates to the satisfaction of the
board the manner in which the activity increases his or her competence as a
lawyer.
(3) The board may approve published legal
writings for use toward the continuing legal education requirement under rules
it may adopt.
(4) An activity sponsored by a private law firm,
corporate law department or federal, state or local government agency offered
for lawyers connected with it may be approved if it meets the requirements set
forth in sub. (2).
(5) The board shall not approve any continuing
legal education for legal ethics and professional responsibility credit unless
that education has a minimum component of at least one continuous hour devoted
to legal ethics and professional responsibility.
SCR
31.08 Procedure for approval of
continuing legal education activities.
(1) Any person desiring approval of a continuing
legal education activity shall submit all information required by the board.
(2) Following the presentation of an approved continuing
legal education activity, each sponsor shall promptly transmit to the board a
list of all lawyers in attendance.
(3) The board may annually extend approval to a
sponsor for all its activities which conform to SCR 31.07. An organization
which desires the general program approval shall submit all information
required by the board.
SCR
31.09 Delegation, determinations and
review.
(1) The board may delegate the authority of the
board under this chapter to a committee, to a member or to the staff of the
board.
(2) The board or its delegate shall, in response
to written requests for approval of courses, waivers, extensions of time or
interpretation of this chapter, make a written response giving appropriate
reasons for the determination within a reasonable time.
(3) The board may review any action taken under
this chapter at the written request of a lawyer or sponsor adversely affected
by the action. Any request for review shall be made within 60 days after notice
of the action taken has been sent by mail to the lawyer or sponsor.
SCR
31.10 Noncompliance.
(1) If a lawyer fails to comply with the
attendance requirement of SCR 31.02, fails to comply with the reporting
requirement of SCR 31.03(1), or fails to pay the late fee under SCR 31.03(2),
the board shall serve a notice of noncompliance on the lawyer. This notice shall advise the lawyer that the
state bar membership of the lawyer shall be automatically suspended for failing
to file evidence of compliance or to pay the late fee within 60 days after
service of the notice. The board shall
certify the names of all lawyers so suspended under this rule to the clerk of
the supreme court and to each judge of a court of record in this state. A lawyer shall not engage in the practice of law
in Wisconsin while his or her state bar membership is suspended under this
rule.
(2) If the board believes that a false report has
been filed, the board may refer the matter to the office of lawyer regulation.
SCR
31.11 Reinstatement.
(1) Suspension of less than 3 consecutive
years. (a) A lawyer whose suspension for noncompliance
under SCR 31.10(1) has been for a period of less than 3 consecutive years may
file a petition with the board for reinstatement to membership in the state bar. Payment in the amount of $100.00 and any
applicable late fee shall accompany the petition.
(b) Within 60 days after service of a petition
for reinstatement, the board shall make a determination regarding compliance.
If the board determines that the lawyer is in compliance with all requirements
under this chapter, it shall reinstate the lawyer's membership in the state
bar. The board shall certify the names of all lawyers so reinstated to the
clerk of the supreme court.
(c) If the board denies a petition for
reinstatement, the board shall serve a notice of denial on the lawyer. After
denial, a hearing shall be held by the board only upon written petition of the
lawyer made within 30 days of service of the notice of denial, which petition
for hearing shall be served on the board. The board shall conduct the hearing
within 60 days after service of the petition for hearing and shall make and
serve its findings and recommendations on the lawyer within 60 days after the
close of the hearing, and, if adverse to
the lawyer, shall notify the supreme court of its action. If reinstatement is
denied, the findings and recommendations of the board shall be reviewed by the
supreme court only upon written petition by the lawyer filed within 30 days of
the date of the action of the board.
(1m) Suspension of 3 or more
consecutive years. (a) A lawyer whose suspension has been for a
period of 3 or more consecutive years may file a petition for reinstatement
with the supreme court and serve a copy on the board and the office of lawyer
regulation. Separate payments in the
amount of $200 each shall be made to the board of bar examiners and the office
of lawyer regulation shall accompany the petition.
(b) Within 90 days after service of the petition,
the board shall make a determination regarding compliance and file its finding
with the supreme court.
(c) Within 90 days after service of the petition,
the director of the office of lawyer regulation shall investigate the
eligibility of the petitioner for reinstatement and file a response with the
supreme court in support of or opposition to the petition.
(3)
Petition for reinstatement. The
petition for reinstatement shall state in detail the manner in which the lawyer
has complied with all requirements under this chapter. Only verified attendance at sufficient hours
of approved continuing legal education activities for the period of suspension
shall be considered full compliance with the attendance requirements of this
chapter.
(4) Disciplinary suspension. A lawyer suspended as a result of
disciplinary action following referral under SCR 31.10(2) may petition the
supreme court for reinstatement under SCR 22.28.
SCR
31.12 Extensions and waivers.
(1) The board may extend time deadlines for
completion of attendance and reporting requirements in cases of hardship or for
other compelling reasons.
(2) The board may waive attendance and reporting
requirements where to do otherwise would work an injustice.
SCR
31.13 Service; filing.
(1) Service under this chapter means a
communication made by certified mail and is complete upon mailing. Service on a
lawyer is sufficient if addressed to the lawyer's address last listed with the
state bar. Service on the board is sufficient if addressed to the board at its
office.
(2) Filing of a report form or a petition is
effective on the date the form or petition is received at the office of the
board during regular business hours.
SCR
31.14 Rule‑making authority.
The board
may promulgate rules to carry out the purposes of this chapter.
Chapter
repealed and recreated by S.Ct. Order july 1, 1986, effective January 1, 1987;
May 10, 1988; January 1, 1989; October 17, 1990; January 1, 1991; February 1,
1991; October 24, 1991; December 10, 1992; November 18, 1994.
APPENDIX
Rules
of the Board of Bar Examiners
CLE
1.01
For the
purpose of administering SCR Chapter 31, the year of an attorney's admission to
the State Bar of Wisconsin shall be the year carried on the computer records of
the State Bar unless the lawyer notifies the Board in writing prior to the end
of his or her first reporting period that the State Bar data is incorrect and
attaches supporting documentation.
CLE
1.02
For the
purpose of administering SCR Chapter 31, the minimum number of persons
attending a course shall be two attendees and one moderator. Fewer than that number, and the course shall
be deemed to be self-study and shall not be approved for continuing legal
education credit.
CLE
3.01
For the
purpose of administering SCR Chapter 31, the classification of State Bar of
Wisconsin membership on the February 1 immediately following the end of the
lawyer's reporting period will govern whether a report will be required. The
Board will grant lawyers who change to inactive status after February 1
according to State Bar records a deferment of the 30 hours then due on receipt
of a written request that is accompanied by the $50.00 late fee then due and
the written statement of the State Bar
that the lawyer has in fact already converted his or her membership to
inactive status. A request will be considered timely if received at the Board
office by the close of business on the date that the lawyer's suspension is to
go into effect pursuant to SCR 31.10(1); that is, the filing date established
by that rule.
CLE 3.02
A late
fee will be assessed for lawyers who report courses in satisfaction of one
reporting period that were actually attended in the next reporting period.
CLE 3.03
Where CLE
Form 1 appears in SCR Chapter 31, it shall also include written amendments of a
CLE Form 1 previously filed for the same reporting period. Such amendments are subject to the same
deadlines as the CLE Form 1.
CLE 4.01
Although
a lawyer is exempt from attendance or reporting in the calendar year during
which his or her admission falls, the lawyer may report on the CLE Form 1 due
at the end of the first full two-year reporting period any approved hours up to
a maximum of 15 that were attended between the date of admission and the end of
the calendar year in which his or her admission to the practice of law
occurred. Hours carried in under this
provision may not be used to satisfy the legal ethics and professional
responsibility requirement in accordance with SCR 31.05(2)(c).
CLE
6.01
Compliance
with continuing legal education make‑up requirements shall be a prerequisite
to reactivation of membership in the State Bar of Wisconsin.
CLE 7.01
The
following nonacademic portions of the program may not be counted for
credit: breaks, introductory remarks,
keynote speeches and business meetings.
CLE
7.02
Credit
hours shall be rounded down to the nearest whole or half hour. Hours of credit shall be determined by the
following formula:
Total
minutes minus nonacademic portions (breaks, introductory remarks, keynote speeches,
business meetings) divided by 50 minutes equal the hours of CLE credit.
For every
half-day of programming in excess of 120 minutes, a minimum of 15 minutes will
be deducted as a break allowance for the purpose of calculating hours.
CLE 7.03
Approved
hours merely reflect a maximum that may be earned through attendance. Only
actual attendance by the lawyer may be used to satisfy the Wisconsin
requirement.
CLE
7.04
Credit
will not be allowed for any program which in its entirety lasts less than 50
minutes.
CLE 7.05
No
continuing legal education activity that is offered in conjunction with a meal
will be approved unless the meal portion is allocated no less than 30 minutes
in duration and the education portion occupies a separate period lasting at
least 50 minutes.
Only
under unusual circumstances will credit in excess of 1.0 hour be extended to a
continuing legal education activity offered in conjunction with a meal.
CLE 7.06
(1) A published legal writing is defined as
material that satisfies all of the following criteria:
(a) It is in printed form as a book, a supplement
or a pocket part to a book, or an article in a publication that is included in
the Index to Legal Periodicals.
For the purposes of this definition, systems manuals that are developed
and offered for sale are deemed to be books;
(b) It is commercially available or distributed
to at least 500 lawyers; and
(c) It satisfies the criteria set forth in SCR
31.07(2)(a) and (b) in that its objective is to increase the reader's
professional competence as a lawyer, and in that its content must deal
primarily with matters related to the practice of law, professional
responsibility or ethical obligations of lawyers.
(2) Published legal writings specifically exclude
the following:
(a) Compilations of materials written by others;
(b) Contributions to newsletters;
(c) Written materials that are developed and
distributed at continuing legal education activities in accordance with SCR
31.07(2)(e).
CLE 7.07
In order
to request approval for a published legal writing, a CLE Form 4 and a copy of
the published legal writing must be submitted by its author to the Board.
CLE 7.08
A lawyer
may claim his or her actual preparation time up to a maximum of 15 hours for any
approved published legal writing.
CLE 7.09
A lawyer
may not claim in excess of 15 hours for all approved published legal writings
in any one reporting period.
CLE 7.10
The only
reporting period in which hours for an approved published legal writing may be claimed is that in which the writing
was published.
Approval
may be refused to a sponsor for any course which has previously been falsely
advertised as approved by the Board of Bar Examiners.
General
program sponsorship does not extend to activities in which the sponsor acts as
the co-sponsor of an activity. Approval
shall be sought by letter from the general program sponsor to the Board.
Any
sponsor holding general program approval that fails to cooperate with the
administrative requirements developed by the Director may have its general
program approval revoked by the Board.
CLE 8.04
A CLE
Form 2 shall be submitted to the Board to initiate a request for course
approval. The Board will accept a
uniform national course approval request form at the discretion of its
Director.
CLE 8.05
A CLE
Form 5, or a CLE Form 2, shall be submitted to initiate a request for legal
ethics and professional responsibility approval. The Board will accept a uniform national
course approval request form at the discretion of its Director.
CLE 11.02
Petitions
for reinstatement pursuant to SCR 31.11(1)(a) must be executed under oath or
affirmation.
CLE 11.03
The
number of hours required of a lawyer seeking reinstatement is 30 per reporting
period up to a maximum of 90; in addition, the lawyer will be required to meet
the requirement for the reporting period in which his or her reinstatement
falls.
CLE 11.04
The Board
will accept the election of the SCR 31.04(2) exemption, if appropriate, in
satisfaction of its requirement for reinstatement only for the reporting period
from which the suspension arose; that is, the exemption may not be used toward
reinstatement for any reporting period subsequent to the reporting period from
which the suspension arose.
CLE
12.01
The Board
will grant extensions for completion of attendance and reporting requirements
only on a written request by the lawyer that is received prior to the end of
the reporting period for which the lawyer is requesting an extension.
CLE 13.01
The Board
will not accept facsimile transmissions in satisfaction of its filing
requirements.
Adopted
December 12, 1986, by the Board of Attorneys Professional Competence; amended
July 8, 1988; December 9, 1988; March 23, 1990; September 21, 1990; March 22,
1991; December 12, 1991; May 14, 1992; May 3, 1994; August 25, 1994; November
14, 2001; January 23, 2002, August 17, 2004; January 29, 2007.