To maintain public confidence in the legal profession and the rule of law, and to promote the fair administration of justice, attorneys must be competent regarding the law, legal and practice-oriented skills, the standards and ethical obligations of the legal profession, and the management of their practices. The purpose of minimum continuing legal education (MCLE) requirements is to promote and sustain competence and professionalism and to ensure that attorneys remain current on the law, law practice management, and technology in our rapidly changing society. These rules establish minimum requirements for continuing legal education, accreditation criteria, and compliance procedures.
The following is a sample form for use under this subdivision of Rule 5:
APPLICATION FOR CLE CREDIT FOR PRO BONO PUBLICO SERVICE
TO BE COMPLETED BY ATTORNEY
Attorney's Printed Name:
Maine Bar Number:
Attorney's Address:
Qualifying hours of pro bono publico service performed:
General CLE credit hours claimed (Divide number of qualifying pro bono publico service hours by three (3) and round down to the nearest quarter of an hour. A maximum of three (3) hours may be claimed.):
Name(s) of legal services provider(s) that assigned the pro bono case(s) and brief description of the services provided:
By my signature below, I am verifying that I provided the number of hours of pro bono publico service claimed and that I did so without fee or expectation of fee. The CLE hours I am claiming credit for were earned during the current reporting period.
IT IS A VIOLATION OF THE MAINE RULES OF PROFESSIONAL CONDUCT TO CLAIM CLE CREDIT FOR PRO BONO PUBLICO SERVICE NOT ACTUALLY PERFORMED.
Attorney's Signature: | Date: |
Me. Bar. R. 5
Reporter's Notes - June 2015
Rule 5 is based on former Maine Bar Rule 12. The equivalent ABA Model Rule for Continuing Legal Education was adopted in 1989 and last revised in 2004. The ABA Model Rule was used as the foundation for former Maine Bar Rule 12, which was adopted by the Court in 2001. Therefore, recognizing that Rule 12 worked well in Maine, the committee used Maine's rule for its discussions.
In Rule 5(a), the committee recognized that the effective date of Maine's continuing legal education requirement and the emeritus status requirement are no longer needed in the Rule. Consequently, the committee deleted those references. The term "disability" has been deleted, recognizing that disability requests would be fall under "hardship" requests. Lastly, the revised rule identifies the Maine State Bar Association as the organization that sponsors the annual Bridging the Gap program, which provides attendees with a two-year exemption to this rule. The revised rule omits reference to the "initial members of the Commission" because that language is no longer applicable.
Rule 5(b) is based on former Maine Bar Rule 12(b). The revised rule is consistent with the current rule and Board practice.
Rule 5(c) is based on former Maine Bar Rule 12(e). The revised rule is consistent with the current rule and Board practice.
Rule 5(d) is based on former Maine Bar Rule 12(f). The revised rule is consistent with the current rule and Board practice.
Advisory Note- July 2018
Rule 5(a)(1) is amended to increase the required annual number of hours of CLE credits from 11 to 12 and to require that at least one live credit hour per year be primarily concerned with professionalism and one live credit hour per year be primarily concerned with the recognition and avoidance of harassment and discriminatory conduct or communication related to the practice of law as set out in the Maine Rules of Professional Conduct. This subdivision is also amended to require attorneys whose required hours are prorated or who register under emeritus status to complete the professionalism and harassment/discrimination credits.
Rule 5(a)(1)(A) is amended to specify "legal" malpractice and clarify that the list of professionalism topics is not exclusive.
Rule 5(a)(1)(B) is added to describe qualifying harassment and discrimination education topics.
Rule 5(a)(3) is amended to specify that no more than five credit hours per reporting period may be earned from in-house courses, self-study, or a combination of both.
Rule 5(a)(4) is amended to apply to an attorney who maintains a principal office for the practice of law in another jurisdiction, to eliminate the description of the CLE requirements of another jurisdiction as being "established by court rule or statute in that jurisdiction," and to eliminate the provision that, "[i]f the other jurisdiction does not require the equivalent of one professionalism education credit hour per year, the attorney must complete one approved professionalism education credit hour in each calendar year."
Advisory Note - May 2019
Rule 5(a) sets forth the purpose of Maine's minimum continuing legal education (MCLE) requirement.
Rule 5(b) establishes a CLE Committee to oversee the administration of Rule 5.
Comparative language for proposed Rule 5(c), previously located in Rule 5(a), sets forth the MCLE requirements for active licensed attorneys.
Previously located in Rule 5(a), amended Rule 5(d) defines individuals who are exempt from Rule 5. New to this list are, among others, attorneys who are admitted under pro hac vice rules and new admittees to the Maine bar who complete an accredited new attorney program that focuses on basic skills and substantive law during the year in which they are admitted. (Such new admittees are exempt for that year and the following calendar year. See former Maine Bar Rule 5(a)(6).)
Amended Rule 5(e) bifurcates the annual attorney registration process and the annual attorney MCLE reporting process. This change properly aligns the CLE reporting period with the preceding calendar year compliance requirement. Like former Rule 4(b), attorneys are provided two months to demonstrate compliance for the reporting period. Enforcement of MCLE requirements is governed by Rule 5(l).
In order to transition from a fiscal year to a calendar year reporting system, and at the Board's recommendation, attorneys will report for calendar years 2018 and 2019 on January 1, 2020. Thereafter, MCLE reporting will be conducted on January 1st for the prior calendar year reporting period.
Comparable language for amended Rule 5(f)(1), (5), (6), and (7) may be found, respectively, in former Rule 5(a)(7), (8), (9), and (2). Rules 5(f)(2), (3), and (4) have been added to formalize existing practices.
Comparable language for portions of Rule 5(g) may be found in former Rule 5(d). The amended rule contains added guidance regarding MCLE standards. The amended rule also provides a list of courses and activities that are ineligible for MCLE credit.
Rule 5(h) defines the various courses and activities that qualify for live or self-study credit, and the terms of accreditation. Taking its cue from other jurisdictions, the CLE Committee concluded that approved in-house programming falls squarely within the "live credit" definition. Under former Rule 5(d)(3), in-house programming only qualified for self-study credit. Also new to Rule 5(h): in order for video and webcast/webinar replays to qualify as "live credit," a qualified commentator must be available to answer questions and facilitate discussion among attendees.
Comparable language for Rule 5(i) may be found in former rule 5(d). The proposed rule also provides a process for the revocation of Approved Sponsor status.
Accreditation language may be found in former Rule 5(d). In order to ensure program applications are filed timely, the proposed rule imposes late fees for untimely submissions.
Rule 5(k) provides specificity with respect to how attorneys and sponsors must submit attendance rosters and certifications of attendance. In order to ensure timeliness, the proposed rule imposes late fees for untimely submissions.
Rule 5(l) defines the timeline in which attorneys must demonstrate compliance with Maine Bar Rule 5. Attorneys who fail to comply will be assessed a noncompliance fee (referred to as a late fee under current Rule 5(b)) and will be subject to the administrative suspension provisions of Rules 4(g) and (h). The rule also provides a process for the CLE Committee to advise Bar Counsel if an attorney files a false transcript or other false information.
Rule 5(m), derived from an existing Board policy, provides new language to address the confidentiality and retention of continuing legal education records.
Advisory Note - May 2020
Rule 5(c)(4) is added to provide the Board's CLE Committee the authority, for good cause shown based on an attorney's specific circumstances, to waive the in-person attendance requirement for education on the recognition and avoidance of harassment and discrimination.
Advisory Note - November 2024
The amendment to Rule 5(f) adds new subdivision (8), establishing a two-year pilot project for the calendar years 2025 and 2026, designed to incentivize pro bono publico work by awarding CLE credits, consistent with Rule 5 's purpose of promoting "public confidence in the legal profession," the "fair administration of justice," and the ''competence and professionalism" of Maine lawyers. M. Bar R. 5(a). It also encourages lawyers to fulfill their "professional responsibility to provide legal services to those unable to pay." M.R. Prof. Conduct 6.1. This amendment recognizes that attorneys may gain deeper knowledge and understanding of the law through pro bono work than through other means of fulfilling their CLE obligations.
Under new Rule 5(f)(8), an attorney seeking the credit must document three hours of pro bono service to earn one hour of general CLE credit, and those credits are capped at three, leaving nine hours to be earned through the other routes permitted under Rule 5.
If the pilot project provides positive results, the rule may be amended to make the provisions of Rule 5(f)(8) permanent.