Rules and Regulations for Mandatory Continuing Legal Education

a. There is hereby established a Commission on Continuing Legal Education (hereinafter referred to as the Commission) consisting of nine (9) members who are resident members of the Bar of this state. The members shall be appointed by the Mississippi Supreme Court.

b. All appointments shall be for a term of three (3) years. Therefore, there shall be three (3) appointments each year, one from each state Supreme Court district. An appointment to fill any vacancy due to the death, resignation or disability of a member shall be for the unexpired term only.

c. The Commission shall have the following duties:

1. To exercise general supervisory authority over the administration of these

rules.

2. To adopt, repeal and amend regulations consistent with these rules.

3. To make available for inspection by the Mississippi Supreme Court all minutes of the Commission, business records, and financial data.

d. Financing:

1. Sponsors of CLE programs to be held within the State of Mississippi shall, as a condition of accreditation, agree to remit a list of Mississippi attendees and to pay a fee of one dollar ($1.00) per credit hour for each State Bar member who attends the program and is subject to mandatory continuing legal education. Such lists and fees shall be submitted to the Commission within thirty (30) days of said program.

2. Individual attorneys who either attend approved CLE programs outside the State of Mississippi, or attend unapproved CLE programs within the State of Mississippi that would have been approved for credit except for failure of the sponsor to pay the fee described in the preceding paragraph, shall pay a fee of one dollar ($1.00) for each credit hour claimed. Such fees shall accompany the attorney's annual report of compliance to the Commission.

1.1 The Chairman of the Commission shall be elected by the nine (9) voting members of the Commission.

1.2 The Commission shall elect a Vice-Chairman and Secretary from among its members.

1.3 The Commission may organize itself into Committees of not fewer than three (3) voting members for the purpose of considering and deciding matters submitted to them, except five (5) affirmative votes shall be necessary for any action under Rule 6.

1.4 Members of the Commission in the performance of their official duties shall be reimbursed for expenses subject to reimbursement policies set by the Commission.

1.5 The Commission may designate such staff as may be necessary and may further delegate executive authority to such staff to conduct the business of the Commission within the scope of the Rules and Regulations, subject at all times, however, to continual review by the Commission.

These rules shall apply to every attorney licensed to practice law in the State of Mississippi, except for the following persons who shall be exempt from the requirement of these rules:

a. All attorneys shall be exempt from the requirement of these rules for the calendar year in which they are first admitted to practice.

b. All attorneys licensed to practice law in the State of Mississippi residing outside of the state and not engaged in the practice of law in Mississippi.

c. All attorneys licensed to practice law in the State of Mississippi residing in the state but not engaged in the practice of law in Mississippi.

d. All full-time members of the United States Armed Forces.

e. All of the Justices of the Mississippi Supreme Court, Circuit, Court of Appeals, Chancery, and County Judges, United States Magistrate Judges, Judges of the Bankruptcy Courts and the Judges of the Federal Courts. However, all members of the Judiciary are encouraged to attend and participate in continuing legal education programs.

f. The Governor of the State of Mississippi.

g. All members of the United States Senate and the United States House of Representatives.

h. All members of the bar shall be exempt from the requirement of these rules on and after their seventieth birthday.

2.1 Non-resident attorneys from other jurisdictions who are temporarily admitted to practice for a case or proceeding shall not be subject to these rules.

2.2 Any member of the Mississippi State Bar licensed to practice law in the State of Mississippi but not engaged in the practice of law in Mississippi shall endorse and claim the exemption of the Annual Report required by Rule 5.

2.3 Any full-time member of the U.S. Armed Forces shall endorse and claim the exemption on the Annual Report required by Rule 5.

Each attorney licensed to practice law in the State of Mississippi shall attend, or complete an approved substitute for attendance, a minimum of twelve (12) actual hours of approved Continuing Legal Education ("CLE") during each successive twelve (12) month period (the "CLE year") from and after August 1 of each year, of which one hour shall be in the area of legal ethics, professional responsibility or malpractice prevention (the "ethics hour").

3.1 The number of hours required means that the attorney must actually attend twelve (12) instruction hours of CLE per CLE year, with no credit given for introductory remarks, breaks, meal breaks, keynote or luncheon speakers or business meetings.

3.2 CLE hours shall be computed by the following formula:

Total minutes of actual instruction = Total hours 60 (rounded to nearest 1/10 of an hour)

3.3 No attorney shall be permitted to claim more than six (6) hours of CLE credit through the use of satellite-transmitted or electronically recorded or reproduced material, even though same is presented by an accredited sponsor. As part of the six (6) hours, an attorney may claim up to three (3) hours of CLE credit for telephone seminars. Credit for the ethics hour may not be claimed as part of an activity offered by satellite transmittal, electronic reproduction or telephone. Seminars offered by satellite transmittal, electronic reproduction, or telephone must be approved by the Commission and must comply with Regulation 4.9.

3.4 Attorneys who have a permanent physical disability which makes attendance of CLE programs inordinately difficult may file a request for a permanent substitute program in lieu of attendance and shall therein set out continuing legal education plans tailored to their specific interests and physical ability. The Commission shall review and approve or disapprove such plans on an individual basis and without delay. Rejection of any requested substitute for attendance will be reviewed as provided in Rule 6 prior to any sanction being imposed.

3.5 Other requests for substituted compliance, partial waivers, or other exemptions for hardship or extenuating circumstances may be granted by the Commission upon written application of the attorney and may likewise be reviewed as provided in Rule 6.

3.6 No credit will be allowed for self-study.

3.7 Twelve (12) hours of credit in excess of the minimum annual requirement may be carried forward for credit in the succeeding CLE year. Such hours must, however, be reported in the annual report of compliance for the CLE year in which they were completed and must be designated as hours to be carried forward. This regulation applies to attorneys claiming exemptions also. Ethics hours in excess of the one-hour requirement for the year may not be carried over to another year as ethics hours, although they may be carried over as regular hours.

3.8 The maximum number of hours which may be claimed for credit in any one seminar is 18.

3.9 Credit may be earned through teaching in an approved continuing legal education activity. Presentations accompanied by thorough, high quality, readable, and carefully prepared written materials will qualify for CLE credit on the basis of six (6) hours of credit for each instructional hour of presentation. Presentations accompanied by one or two page outlines or not accompanied by written materials will qualify for CLE credit on the basis of three (3) hours of credit per hour of presentation. Repeat presentations qualify for one half of the credits available for the initial presentation. A maximum of twelve (12) hours of CLE credit shall be earned from teaching pursuant to these regulations in any CLE year.

3.10 No credit will be allowed for teaching a continuing legal education activity if the instructor is compensated in any manner, excluding reimbursement of reasonable and necessary expenses. Contributions of honorariums to a public service organization such as the Mississippi Bar Foundation shall preclude this regulation.

3.11 Credits may also be earned through authorship of a law journal article on matters of law published by an ABA or AALS approved law school. The Commission will award six (6) hours of CLE credit for each such article published.

3.12 Credit may be earned through service as a member of the Mississippi Board of Bar Admissions or as a bar examiner. The Board of Bar Admissions will be awarded a maximum of six (6) hours of CLE credit per CLE year for writing and grading bar examinations unless compensated for such services excluding reimbursement of reasonable and necessary expenses.

3.13 Credit may be earned through formal enrollment for audit or for credit for which regular fees are paid in an ABA or AALS accredited law school. Four (4) hours of CLE credit will be awarded for each credit hour of the particular course audited or taken for credit. A maximum of twelve (12) credit hours per CLE year will be awarded.

3.14 Credit may be earned through formal enrollment in a bar review course approved by the Commission. The attorney must already be admitted to practice in Mississippi or another state. Self-study bar review courses do not qualify for credit. A maximum of twelve (12) credit hours per CLE year will be awarded.

3.15 Credit may be earned through service as a member of the Supreme Court Advisory Committee on Rules. The Commission will award six (6) hours of CLE credit annually for service on this Committee.

3.16 Credit may be earned through service as a member of the Model Civil Jury Instructions Committee or the Model Criminal Jury Instruction Committee. The Commission will award six (6) hours of CLE credit annually for service on these committees.

3.17 Credit may be earned through service as Lieutenant Governor of the State of Mississippi or as a member of the Mississippi Legislature. The Commission will award six (6) hours of CLE credit annually to the Lieutenant Governor and to each attorney who certifies his/her membership in the Mississippi Senate or the House of Representatives.

3.18 Credit may also be earned through teaching a course in an ABA or AALS approved law school. The Commission will award six (6) hours of CLE credit for each hour of academic credit awarded by the law school for the course.

3.19 Full-time employees of a governmental department or agency may earn up to twelve (12) hours of credit per year by attending approved CLE activities offered by their governmental department or agency for its employees.

3.20 Part-time employees of a governmental department or agency may earn up to six(6) hours of credit per year by attending approved CLE activities offered by their governmental department or agency for its employees.

Credit will be given only for CLE programs approved by the Commission. Such approval normally must be sought and granted prior to the occurrence of the activity but may be given retroactively.

4.1 The following standards will govern the approval of continuing legal education activities by the Commission.

4.2 The activity must be effectively open to all attorneys licensed to practice law in the State of Mississippi, unless offered by a governmental department or agency for employees of the governmental department or agency. By making an application for approval by the Commission, the seminar sponsor consents to the seminar being listed on the calendar of upcoming CLE events disseminated by the Commission.

4.3 The activity must have significant intellectual or practical content and its primary objective must be to increase the participant's professional competence as an attorney.

4.4 The activity must deal primarily with matters related to the practice of law, professional responsibility or ethical obligations of attorneys.

4.5 The activity must be offered by a sponsor having substantial, recent experience in offering continuing legal education or demonstrated ability to organize and present effectively continuing legal education. Demonstrated ability arises partly from the extent to which individuals with legal training or educational experience are involved in the planning, instruction and supervision of the activity.

4.6 The activity itself must be conducted by an individual or group qualified by practical or academic experience. The program, including the named advertised participants, must be conducted substantially as planned, subject to emergency withdrawals and alterations.

4.7 Thorough, high quality, readable, and carefully prepared written materials must be made available to all participants at or before the time the course is presented, unless the absence of such materials is recognized as reasonable and approved by the Commission; mere outline without citations or explanatory notations will not be sufficient.

4.8 The activity must be conducted in a physical setting conducive to learning.

4.9 Activities offered by satellite transmittal or electronic reproduction must provide a qualified on-site moderator and question-and-answer session. Telephone seminars must be conducted "live," not pre-recorded, and must provide a question-and-answer session.

4.10 As a minimum, the activity must consist of not less than two (2) hours of actual instruction, except for programs dedicated solely to the one mandatory hour of legal ethics, which programs shall have a minimum length of sixty minutes. See Rule 3 and Regulation 3.7

4.11 Activities that cross academic lines, such as an accounting-tax seminar, may be considered for approval.

4.12 At the conclusion of an approved program or activity, each participating attorney must be given the opportunity to complete an evaluation questionnaire addressing the quality, effectiveness and usefulness of the particular activity. Within thirty (30) days of the conclusion of the activity, a summary of the results of the questionnaire must be forwarded to the Commission. If requested, copies of the questionnaires must also be forwarded to the Commission. Sponsors must maintain the questionnaires for a period of 90 days following a program pending a request for submission of them to the Commission.

4.13 The costs of the program itself to the participating attorney, apart from optional meals, lodging, travel, etc., must be reasonable considering the subject matter, instructional level, etc.

4.14 Continuing legal education activities sponsored by the following organizations (hereinafter referred to as Sponsors) are presumptively approved for credit, provided the standards set out in Regulations 4.1 through 4.13 are met.

Abbott & Weems "Recent Mississippi Law"

Accredited law schools (ABA or AALS)

Alabama Institute for CLE

American Academy of Hospital Attorneys

American Academy of Judicial Education

American Agricultural Law Association

American Association of Railroad Trial Counsel

American Bar Association and Bar Sections

American Bankers Association (legal programs only)

American Business Law Association

American Board of Trial Advocates

American College of Mortgages Attorneys

American College of Probate Counsel

American College of Real Estate Lawyers

American College of Trial Lawyers

American Corporate Counsel Association

American Institute on Federal Taxation

American Intellectual Property Law Association

American Judicature Society

American Law Institute

American Society for Law and Medicine

Association of Insurance Attorneys

Association of Trial Lawyers of America

Bar Associations of Other States, the District of Columbia, Puerto Rico and Trust Territories

Boackle, K.F.

Bureau of National Affairs

Central Mississippi Legal Services

CLE International

Commercial Law League of America Fund for Public Education

Construction Education Management Corp. (legal programs only)

Copyright Society of the U.S.A.

Council of School Board Attorneys, MS School Boards Association

Court Practice Institute, Inc.

Credit Union National Association, Inc. (Legal Programs Only)

Cumberland School of Law Institute for CLE

Defense Research Institute

East Mississippi Rural Legal Services

Eastern Mineral Law Foundation

Edison Electric Institute

Federal Bar Association

Federal Energy Bar Association

Federal Insurance Counsel

Federal Judicial Center

Federal Publications, Inc.

Food Marketing Institute

Government Institutes, Inc.

Gulf Coast Law Institute

International Association of Defense Counsel

International Association of Insurance Council

Jackson Young Lawyers Association

Law Journal Seminars Press

Legal Education Institute

Legal Sections, agency programs - U.S. and state government

Library of Congress - Legislative Service

Library of Congress (American Law Division)

Louisiana Trial Lawyers Association

Magnolia Bar Association

Maritime Law Association

Medi-Legal Institute

Memphis Bar Association

Mississippi Association of County Board Attorneys

Mississippi Bankruptcy Conference

Mississippi Bar Association, and Bar Sections,

Local, County and Regional Bar Associations in Mississippi

Mississippi Chapter, Federal Bar Association

Mississippi College School of Law

Mississippi Defense Lawyers Association

Mississippi Institute of Continuing Legal Education

Mississippi Judicial College

Mississippi Law Institute

Mississippi Legal Services Coalition

Mississippi Municipal Attorneys Association

Mississippi Oil and Gas Lawyers Association

Mississippi Pro Bono Project

Mississippi Prosecutors College

Mississippi Society of Certified Public Accountants

Mississippi Tax Institute

Mississippi Trial Lawyers Association

Montgomery County, Maryland Bar Foundation

Motor Carrier Lawyers Association

National Association of Bond Lawyers

National Association of Attorneys General

National Association of College and University Attorneys

National Association of Criminal Defense Lawyers

National Association of Railroad Trial Counsel

National Bar Association

National Business Institute

National College of District Attorneys

National College of Juvenile Justice

National Contract Management Association

National District Attorneys Association

National Employment Law Institute

National Health Lawyers Association

National Institute for Trial Advocacy

National Institute of Municipal Law Officers

National Judicial College

National Legal Aid and Defender Association

National Organization of Social Security Claimants' Representatives

National Practice Institute

National Rural Electric Cooperative Association (legal programs only)

New Mexico Trial Lawyers

New Orleans Orthopaedic Clinic (legal programs only)

New York University School of Continuing Education in Law & Taxation

North Carolina Academy of Trial Lawyers

North Mississippi Rural Legal Services

Norton Institutes (CRR Publishing Co.)

National Association of Bond Lawyers

Patent Resources Group, Inc.

Practicing Law Institute

Prentice Hall Law and Business, Inc.

Professional Education Systems, Inc.

Professional Trail Lawyers Institute, Inc.

Rocky Mountain Mineral Law Foundation

Securities Industry Association (legal programs only)

South Mississippi Legal Services

Southeast Mississippi Legal Services

Southeastern Bankruptcy Law Institute, Inc.

Southern Federal Tax Institute, Inc.

Southwest Mississippi Legal Services

Southwestern Legal Foundation

Tennessee Association of Criminal Defense Lawyers

Tennessee Trial Lawyers Association

The Southern California Tax & Estate Planning Forum

The Southern Trust School (Alabama)

Transportation Lawyers Association

Uniform Commercial Code Institute

University of Mississippi Center for Continuing Legal Education

U.S. League of Savings Association (legal programs only)

U.S. Department of Justice, Office of Legal Education

Veterans Administration (Office of General Counsel)

Westcott Communications

Other Sponsors may be added to this list as their identities and programs are confirmed by the Commission.

4.15 The Sponsor of an approved CLE activity may announce in informational literature or program materials as follows:

"This course or a portion thereof has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of ___________ hours of credit.:

The sponsor of a CLE activity which has applied for but not received approval prior to the priniting of informational literature or program materials may announce as follows:

"The sponsor has applied to the Mississippi Commission on Continuing Legal Education for approval of this course or a portion thereof for a maxiumm of ______________ hours of credit."

4.16 The Commission may at any time reevaluate a program and revoke approval of the Sponsor or of a particular seminar.

4.17 Any Sponsor not included in Regulation 4.14 above, desiring approval of a course, program, or other activity, will apply to the Commission by submitting a required application form and supporting documentation no less than forty-five (45) days prior to the date for which the course or program is scheduled. The Commission will advise the applicant in writing by mail within thirty (30) days of the receipt of the completed application whether the activity is approved or disapproved. Applicants denied approval of a program or activity may appeal such a decision by submitting a letter of appeal to the Commission within fifteen (15) days of the receipt of the notice of the disapproval.

On or before August 15 of each year, each attorney admitted to practice in the State, unless exempted from making a report under the provisions of Rule 2 hereof and regulations thereunder, shall make a written report to the Commission, in such form as the Commission shall prescribe, concerning his or her completion of accredited legal education during the CLE year having ended on July 31 of such year.

5.1 On or before August 15 of each year, each attorney will submit a report on a form as the Commission shall provide concerning such attorney's completion of, exemption from or approved substitute for the minimum hours of instruction, including reference to hours earned during that CLE year and hours to be carried forward to the next CLE year.

5.2 The files and records of the Commission are deemed confidential and shall not be disclosed except in furtherance of the duties of the Commission; statistical abstracts may, however, be drawn therefrom in an anonymous fashion.

5.3 Each attorney failing to timely submit the reports of compliance required by Regulation 5.1 hereof shall, at the time of filing such report, pay a late fee to the Commission in the sum of Twenty-five Dollars ($25.00). The Commission shall treat all delinquently filed reports not accompanied by the late fee required hereunder as not having been filed.

a. As soon as practicable after August 15 of each year, the Commission shall compile the following:

1. A list of attorneys who have filed annual reports of compliance for the next preceding CLE year ending July 31, as required by Rule 5, Mississippi Rules of Mandatory Continuing Legal Education.

2. A list of attorneys who have filed annual reports of compliance on or before the next preceding July 31 indicating that they have not complied with the requirement of Rule 3, Mississippi Rules for Mandatory Continuing Legal Education.

3. A list of attorneys who have failed to file annual reports of compliance for the next preceding CLE year as required by Rule 5, Mississippi Rules for Mandatory Continuing Legal Education.

b. The Commission shall then serve, by certified mail, each attorney whose name appears upon the lists compiled by the Commission who has not complied with Rules 3 and 5, Mississippi Rules for Mandatory Continuing Legal Education, with an Order to Show Cause, within sixty (60) days, why the attorney's license should not be suspended. Said attorney shall furnish the Commission with an affidavit:

1. Indicating that the attorney has complied with the requirement prior to expiration of the sixty (60) days, or

2. Setting forth a valid excuse for failure to comply with the requirements because of illness or other good cause.

c. At the expiration of sixty (60) days from the date of the Order to Show Cause, the Commission shall notify the Supreme Court of Mississippi of each attorney who fails to file an affidavit satisfactory to the Commission as described in (b)(1) and (b)(2) above and recommend appropriate sanctions to the Supreme Court, which may include, among others, that the attorney's license to practice law be suspended.

d. At any time after notice of noncompliance to the Supreme Court, an attorney may file with the Commission an affidavit indicating compliance with Rule 3, Rules for Mandatory Continuing Legal Education and if satisfactory to the Commission, it shall forthwith notify the Supreme Court for appropriate action, including reinstatement.

e. Administration of this program is complicated by attorneys who fail to comply with theses rules. Accordingly, the Commission and/or the Supreme Court is authorized to assess costs against such delinquent and/or non-filing attorneys in the form of a reasonable fee for filing late, filing an annual report reflecting a deficiency and/or not filing during the reporting period. Such costs can be increased proportionately by an attorney's late compliance or non-compliance for two successive CLE years.