Mandatory Continuing Legal Education - Attorneys - Business & Professions - CA

Section § 6070

This law requires all active lawyers in California to complete 25 hours of legal education every three years, which must include four hours focused on legal ethics. Failing to meet these requirements can result in being placed on inactive status. Associations such as the California Lawyers Association are automatically approved to provide these educational activities, but they can lose this certification with a majority vote for good reason. Some officials, like government attorneys and full-time law professors, are exempt. The California Lawyers Association is encouraged to offer affordable classes, including online options, to help lawyers meet their education requirements affordably.

(a) The State Bar shall request the California Supreme Court to adopt a rule of court authorizing the State Bar to establish and administer a mandatory continuing legal education program. The rule that the State Bar requests the Supreme Court to adopt shall require that, within designated 36-month periods, all active licensees of the State Bar shall complete at least 25 hours of legal education activities approved by the State Bar or offered by a State Bar-approved provider, with four of those hours in legal ethics. The legal education activities shall focus on California law and practice and federal law as relevant to its practice in California or tribal law. A licensee of the State Bar who fails to satisfy the mandatory continuing legal education requirements of the program authorized by the Supreme Court rule shall be enrolled as an inactive licensee pursuant to rules adopted by the Board of Trustees of the State Bar.

(b) For purposes of this section, statewide associations of public agencies and incorporated, nonprofit professional associations of attorneys, including the California Lawyers Association, shall be certified as State Bar approved providers upon completion of an appropriate application process to be established by the State Bar. The certification may be revoked only by majority vote of the board, after notice and hearing, and for good cause shown. Programs provided by the California District Attorneys Association or the California Public Defenders Association, or both, including, but not limited to, programs provided pursuant to Title 1.5 (commencing with Section 11500) of Part 4 of the Penal Code, are deemed to be legal education activities approved by the State Bar or offered by a State Bar-approved provider.

(c) Notwithstanding the provisions of subdivision (a), officers and elected officials of the State of California, and full-time professors at law schools accredited by the State Bar of California, the American Bar Association, or both, shall be exempt from the provisions of this section. Full-time employees of the State of California, acting within the scope of their employment, shall be exempt from the provisions of this section. Nothing in this section shall prohibit the State of California, or any political subdivision thereof, from establishing or maintaining its own continuing education requirements for its employees.

(d) The California Lawyers Association shall provide and encourage the development of low-cost programs and materials by which licensees of the State Bar may satisfy their continuing education requirements. Special emphasis shall be placed upon the use of internet capabilities and computer technology in the development and provision of no-cost and low-cost programs and materials. Towards this purpose, as a condition of the State Bar’s collection of membership fees on behalf of the California Lawyers Association pursuant to subdivision (b) of Section 6031.5, the California Lawyers Association shall ensure that any licensee possessing or having access to the Internet or specified generally available computer technology shall be capable of satisfying the full self-study portion of his or her MCLE requirement at a cost of twenty dollars ($20) per hour or less.

mandatory continuing legal education 25 hours requirement legal ethics

Section § 6070.1

This law clarifies that when talking about full-time employees of the State of California under a specific section (Subdivision (c) of Section 6070), it includes all lawyers who are licensed by the State Bar and work for the California State Legislature. It doesn't matter what their official job title or classification is. This law basically confirms what is already understood and practiced.

(a) For the purpose of subdivision (c) of Section 6070, “full-time employees of the State of California” shall include all licensees of the State Bar employed by the California State Legislature, regardless of the licensee’s official position classification.

(b) This section is declaratory of existing law.

full-time employees State Bar licensees California State Legislature

Section § 6070.5

This law requires that, starting January 1, 2022, the continuing legal education (MCLE) for lawyers in California includes training on recognizing and reducing implicit biases. It aims to address how these biases linked to race, gender, and other characteristics can affect trust in the legal system. The State Bar will ensure that MCLE providers hire diverse trainers who are well-versed in educating legal professionals about implicit bias. The training should cover the impact of biases on the legal system and provide practical strategies for lawyers to identify and manage their own biases. MCLE providers must regularly affirm their compliance with these standards.

(a) The State Bar shall adopt regulations to require, as of January 1, 2022, that the mandatory continuing legal education (MCLE) curriculum for all licensees under this chapter includes training on implicit bias and the promotion of bias-reducing strategies to address how unintended biases regarding race, ethnicity, gender identity, sexual orientation, socioeconomic status, or other characteristics undermine confidence in the legal system. A licensee shall meet the requirements of this section for each MCLE compliance period ending after January 31, 2022.

(b) When approving MCLE providers to offer the training required by subdivision (a), the State Bar shall require that the MCLE provider meets, at a minimum, all of the following requirements:

(1) The MCLE provider shall make reasonable efforts to recruit and hire trainers who are representative of the diversity of persons that California’s legal system serves.

(2) The trainers shall have either academic training in implicit bias or experience educating legal professionals about implicit bias and its effects on people accessing and interacting with the legal system.

(3) The training shall include a component regarding the impact of implicit bias, explicit bias, and systemic bias on the legal system and the effect this can have on people accessing and interacting with the legal system.

(4) The training shall include actionable steps licensees can take to recognize and address their own implicit biases.

(c) As part of the certification, approval, or renewal process for MCLE-approved provider status, or more frequently if required by the State Bar, the MCLE provider shall attest to its compliance with the requirements of subdivision (b) and shall confirm that it will continue to comply with those requirements for the duration of the provider’s approval period.

implicit bias training MCLE curriculum bias-reducing strategies

Section § 6071

This law suggests that the State Bar should request a change to a rule to allow lawyers to use one hour of their required legal education in legal ethics or management to instead study civil and criminal remedies for civil rights violations. However, it doesn't change the rule that lawyers must still complete four hours of ethics education every three years.

(a) The State Bar shall request the California Supreme Court to amend Rule 9.31 of the California Rules of Court, relating to the mandatory continuing education program, to provide that one hour of the mandatory eight hours of legal education activities in legal ethics or law practice management, instead, may be satisfied by one hour of legal education activity in the civil and criminal remedies available for civil rights violations.

(b) This section shall not affect the requirement that all active licensees of the State Bar complete at least four hours of legal education activity in ethics within designated 36-month periods.

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