Rule Regulations to MCLE Rule 3 - Minimum Continuing Legal Education Requirement3.100Out-of-State Compliance. An active member seeking credit pursuant to MCLE Rule 3.4(b) shall attach to the member's compliance report filed in Oregon evidence that the member has met the requirements of Rule 3 with courses accredited in any jurisdiction. This evidence may include certificates of compliance, certificates of attendance, or other information indicating the identity of the crediting jurisdiction, the number of 60-minute hours of credit granted, and the subject matter of programs attended.3.200Reciprocity. An active member who is also an active member in a jurisdiction with which Oregon has established MCLE reciprocity (currently Idaho, Utah or Washington) may comply with Rule 3.4(a) by attaching to the compliance report required by MCLE Rule 7.1 a copy of the member's certificate of compliance with the MCLE requirements from that jurisdiction, together with evidence that the member has completed a child and elder abuse reporting training required in ORS 9.114. No other information about program attendance is required. (a) Members shall pay a filing fee of $25.00 with their submission of a comity certificate of MCLE compliance from a reciprocal jurisdiction.(b) An active member whose principal office for the practice of law is in the State of Oregon may obtain from the MCLE Program Manager a comity certificate of Oregon MCLE compliance upon request and payment of a processing fee of $25.00.3.300 Application of Credits (a) Legal ethics, access to justice and mental health and substance use education credits in excess of the minimum required can be applied to the general or practical skills requirement.(b) Practical skills credits can be applied to the general requirement.(c) Excess child and elder abuse reporting credits will be applied as general or practical skills credit. Access to Justice credits earned in a non-required reporting period will be credited as general credits.(d) Members in a three-year reporting period are required to have 3.0 access to justice credits in reporting periods ending 12/31/18 through 4/30/2021 and in alternate three-year periods thereafter.3.400Practical Skills Requirement.(a) A practical skills program is one which includes courses designed primarily to instruct new admittees in the methods and means of the practice of law. This includes those courses which involve instruction in the practice of law generally, instruction in the management of a legal practice, and instruction in particular substantive law areas designed for new practitioners. A practical skills program may include but shall not be limited to instruction in : client contact and relations; court proceedings; low-income and other communities that lack access to or the ability to afford legal services; negotiation and settlement; alternative dispute resolution; malpractice avoidance; personal management assistance; the impact of substance abuse, cognitive impairment and mental health related issues to a law practice; and practice management assistance topics such as tickler and docket control systems, conflict systems, billing, trust and general accounting, file management, and computer systems.(b) A CLE course on any subject matter can contain as part of the curriculum a portion devoted to practical skills. The sponsor shall designate those portions of any program which it claims is eligible for practical skills credit.(c) A credit hour cannot be applied to both the practical skills requirement and the ethics requirement.3.500Reporting Period Upon Reinstatement. A member who returns to active membership status as contemplated under MCLE Rule 3.6(c)(2) shall not be required to fulfill the requirement of compliance during the member's inactive or retired status, suspension, disbarment or resignation, but no credits obtained during the member's inactive or retired status, suspension, disbarment or resignation shall be carried over into the next reporting period.3.600Introductory Course in Access to Justice. In order to qualify as an introductory course in access to justice required by MCLE Rule 3.3(b), the three-hour program must meet the accreditation standards set forth in MCLE Rule 5.14(d) and must substantively relate to at least three of the following areas: age, culture, disability, ethnicity, gender and gender identity or expression, geographic location, national origin, race, religion, sex, sexual orientation, veteran status, immigration status, and socioeconomic status, and comply with the requirements of 5.400.3.700New Lawyer Mentoring Program Enrollment, Matching and Mentoring Plan.(a) Within 28 days of admission, new admittees whose principal office for the practice of law is in the State of Oregon must file an NLMP Enrollment Form as required by Rule 3.3(c) or certify that they are exempt as provided in Rule 9.(b) The NLMP Coordinator will match new admittees with NLMP mentors based principally on geography, and whenever possible, practice area interests. Upon request by the new admittee and NLMP mentor, the NLMP Coordinator may consider common membership in specialty or affinity bar organizations when establishing a match.(c) The NLMP Coordinator will issue a notice to the new admittee and NLMP mentor as soon as an NLMP match is confirmed.(d) The NLMP Coordinator may reassign a match upon request of the new admittee of NLMP mentor if the coordinator determines a match is not effective to meet the goals of the program.(e) The new admittee is responsible for arranging the initial meeting with the NLMP mentor, and the meeting must take place within 28 business days of the new admittee's receipt of notice of the match. At the meeting, the new admittee and NLMP mentor will review the elements of their mentoring plan, including: (1) Introduction to the Legal Community;(2) Professionalism, the Oregon Rules of Professional Conduct and Cultural Competence;(3) Introduction to Law Office Management;(4) Working with Clients;(5) Career Development through Public Service, OSB programs, and quality of life issues; and(6) Practice Area Basic Skills.(f) The NLMP Coordinator will publish an NLMP Manual consistent with NLMP curriculum developed by the BOG, to provide additional information about developing and implementing and effective mentoring plan. The MCLE Committee may review and provide input on the NLMP Manual to the NLMP Coordinator.(g) Subsections (b) through (e) do not apply if a new admittee has obtained a deferral as provided in Rule 9.3.800Filing NLMP Completion Certificate. Filing of an NLMP Completion Certificate as required by Rules 3.3(c) and 4.5(b) is defines as the electronic submission by the NLMP new admittee of their NLMP Completion Certificate by adding the certificate to their MCLE transcript through the electronic system provided by the Oregon State Bar via the internet during their first three-year reporting period. The electronic system for adding NLMP Certificates to MCLE transcripts can be accessed through the Oregon State Bar website (https://hello.osbar.org/).Or. State. Bar. R. Regul. and Polic. Regulations to MCLE Rule 3
As amended effective 11/1/2022.