Frequently Asked Questions

FREQUENTLY ASKED QUESTIONS

1.   What is Mandatory Continuing Legal Education?

Answer:       Mandatory continuing legal education is a program adopted by the Supreme Court of South Carolina which establishes minimum requirements for continuing legal education for South Carolina attorneys and judges. The program has been in place since 1982 which was the first year that active Bar members were required to complete and report compliance.

2.   Who administers the MCLE program?

Answer:       The program is administered by the Supreme Court of South Carolina Commission on CLE & Specialization (Commission).

The Commission is an agency of the South Carolina Supreme Court created by Rule 408, SCACR. Twelve members of the Commission are appointed by the Supreme Court to oversee operations of the agency. The Commission Members include representatives from the South Carolina judiciary, to include a member of the Supreme Court or the Court of Appeals, a circuit court judge, a family court judge and practicing attorneys from the four (4) judicial regions.

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3.   What is the purpose of the MCLE program?

Answer:       In the modern legal environment, the law continues to grow more complex, and it changes with increasing frequency. The minimum CLE requirements are in place to ensure that every active South Carolina Bar member remains competent and current with the law throughout their legal careers.

4.   Is the Commission on CLE & Specialization the same as the South Carolina Bar-CLE Division?

Answer:       No. The Commission on CLE & Specialization is the regulatory agency of the South Carolina Supreme Court which administers the MCLE program and accredits all CLE programming. The South Carolina Bar, CLE Division is a division of the Bar that sponsors (produces) CLE programs for attorneys and judges. You can contact the SC Bar-CLE Division at (803) 771-0333 or visit its website at www.scbar.org.

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5. What must I do to comply with the annual MCLE requirements?

Answer: To comply with the MCLE requirements you must do the following:

• Take the minimum number of approved MCLE and LERP credit hours
• File the annual report of compliance by the deadline
• Pay the appropriate fees

6.   When is the new filing deadline and compliance reporting period? How will this affect my 2007-2008 compliance?

Answer:       By order of May 3, 2006, the Supreme Court amended Rules 408, 419 and 504 SCACR, concerning the annual reporting period for judges and attorneys, and the filing deadline for attorneys.

The filing deadline for attorneys has changed from January 1 to March 1. The annual reporting period will no longer be the calendar year. The new reporting period will be from March 1 until the last day of February.

For 2007-2008 CLE credit hours, the reporting period began on March 1, 2007, and will end on February 29, 2008. The filing deadline for attorneys will be March 1, 2008.

The amendment does not affect the reporting period or compliance deadline for magistrates and municipal judges, nor does it affect the deadline for judges to file their compliance reports. Judges will continue to file on April 15.

7.   How many MCLE credits do active attorneys have to take each reporting period?

Answer:       Active attorneys must complete 14 hours of South Carolina Commission approved MCLE courses per reporting period. At least two (2) of the 14 MCLE hours must be courses that are devoted to legal ethics and professional responsibility.

8.   What are LEPR courses?

Answer:       South Carolina has an ethics requirement as mandated by its Supreme Court. LEPR courses are those that deal with legal ethics and professional responsibility. LEPR courses include, but are not limited to, instruction that focuses on the Rules of Professional Conduct as they relate to law firm management, malpractice avoidance, legal ethics, and the duties of lawyers to the judicial system, the public, clients and other lawyers.

9.   How many LEPR credits do active attorneys have to take each reporting period?

Answer:       Active attorneys must take at least two (2) hours of LEPR credit annually.

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10.   How will I know if a course has LEPR credit?

Answer:       The CLE program sponsor should let you know if a program (or portions of a program) has been accredited for LEPR credit. The sponsor also will tell you the exact number of LEPR credit hours in the presentation.

11.   If I earn more than 14 hours during the reporting period, can I carry the excess hours forward?

Answer:       Yes. An active attorney, who earns more than 14 hours of credit in the reporting period, may carry forward a maximum of 14 hours to the next reporting period, of which two (2) hours may be LEPR credit. Credit from “alternatively delivered” (AD) courses may not be carried forward. See FAQ 21 regarding Alternatively Delivered courses.

12.   Who must comply with the MCLE requirements?

Answer:       Pursuant to Rule 408, SCACR, all active members of the South Carolina Bar must comply with the MCLE requirements.

13.   How do I change my status from active to inactive?

Answer:       To change your status, you must contact membership services at the South Carolina Bar. The Bar can be reached at (803) 799-6653. The Bar will give you specific instructions regarding this procedure.

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14.   Who is exempt from complying with the MCLE requirements?

Answer:       The following are exempt from the MCLE requirements:

• Pursuant to Rule 408 (a)(2), SCACR, lawyers who are at least 60 years of age and who have been admitted to practice law for thirty (30) years may apply to the Commission for an exemption. This exemption is not automatic. See FAQ 17 which outlines the procedure to file for the exemption.

• Bar members who are inactive are exempt from complying with MCLE requirements;

• Specialists certified pursuant to Rule 408 SCACR, who satisfy CLE requirements of their specialty, are exempt from MCLE requirements. However, each specialist must have at least two (2) LEPR hours annually. Each specialty’s CLE requirements can be found on this website. See Specialization Regulations & Forms.

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15. Must I comply with MCLE requirements while I am in active duty in the military?

Answer: No. If you are in active military duty, you do not need to comply with MCLE requirements. You must inform the South Carolina Bar and notify the Commission (in writing) regarding your military status.

• You can contact the SC Bar at (803)799-6653.

• Please send notice of your active military status to the Commission at the following address:
      Supreme Court Commission on CLE & Specialization
      Post Office Box, 2138
      Columbia, SC 29202

• You can email the Commission at: commcle@bellsouth.net

When you leave military duty and transfer back to active status with the South Carolina Bar, you should contact the Commission regarding your MCLE requirements.

16.   Must I report compliance if I am exempt?

Answer:       No. If you fall within the exempt categories noted above, you do not need to take CLE courses nor do you need to file an annual compliance report.

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17.   I am a 60 year old attorney and have been admitted to practice for 30 years, how do I file for an exemption of my MCLE requirements?

Answer:       To receive the exemption, an active attorney who meets the requirements should prepare an affidavit which includes the following:

      • His/her age and date of birth
      • The date of his/her admission to practice law
      • A request to be exempt from the MCLE requirements

Please send your affidavit to:
      Supreme Court Commission on CLE & Specialization
      Post Office Box 2138
      Columbia, South Carolina 29202

The Commission will notify you in writing that your exemption has been granted and that you no longer need to earn CLE credits and file a compliance report. The exemption will become effective in the year in which it was granted.

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18.    I was admitted to the South Carolina Bar during the 2007-2008 reporting period (March 1, 2007 - February 29, 2008). When do I file my first compliance report?

Answer:       Newly admitted lawyers are exempt from MCLE requirements in the reporting period in which they are licensed.

Therefore, if you were admitted to the Bar during the 2007-2008 reporting period (from March 1, 2007 through February 29, 2008), you will file your first compliance report (for the 2008-2009 reporting period) in March 2009. Any CLE courses that you may take during the 2007-2008 reporting period or prior to your admission cannot be used to satisfy future MCLE/LEPR requirements.

19.    Do any of my hours from Bridge the Gap carry forward to my first compliance reporting period?

Answer:       Yes. A total of eight (8) hours will be carried forward from Bridge the Gap to your first compliance reporting period. The eight (8) hours will include (2) LEPR hours.

Therefore, if you were admitted to the Bar during the 2007-2008 reporting period (from March 1, 2007 through February 29, 2008), when you file your first compliance report (for the 2008-2009 reporting period) by March 1, 2009 you will carry forward eight (8) hours which will include your annual ethics requirement.

During the 2008-2009 reporting period (March 1, 2008 through February 28, 2009) you will need to take six (6) hours of MCLE credit to satisfy the 14 hour annual requirement.

20.   Do all of the annual 14 MCLE credits have to come from live seminars?

Answer:       No. Eight (8) of your annual MCLE credit hours must come from live seminars. Six (6) hours can come from seminars that are “alternatively delivered (AD). AD credit earned in excess of six (6) hours cannot be carried forward to the next calendar year.

21.   What educational activities qualify as “AD”, alternatively delivered courses?

Answer:       Telephone and on-line courses are alternatively delivered or “AD” courses.

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22.    Are webcasts of live seminars “live” courses?

Answer:       No. Webcasts of live seminars, which are received over the Internet, are considered to be alternatively delivered courses, the same as other on-line courses.

23.    Are video replays of live seminars and satellite broadcasts of live seminars considered to be “live” courses?

Answer:       Yes. Video replays of live courses and satellite broadcasts, such as the SC Bar-CLE Division’s broadcasts to remote sites, are considered to be “live” courses.

24.    Can a single AD course (telephone and online courses) have more than 90 minutes of MCLE/LEPR credit?

Answer:       Telephone seminars can be accredited for a maximim of 90 minutes. Online courses can be accredited for a maximum of six (6) hours per educational activity

25.    Does South Carolina permit “self-study” to obtain MCLE/LEPR credit hours?

Answer:       No. There is no provision for self-study course work.

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26.    Does South Carolina accredit in-house courses?

Answer:       Yes. In-house courses can be accredited if they meet the criteria as outlined in Commission Regulation IV,(D). To receive credit, all in-house courses must be submitted to the Commission prior to the presentation. Not more than one-half of an attorney’s approved credits for any reporting period can be earned through in-house programs. For example, if you earn a total of 15 MCLE hours during the reporting year, only seven and one-half (7.5) of those credits may be earned through in-house courses. Please check the Commission's Regulations for a complete list of requirements for “In-House CLE” programming.

27.    Can I get extra MCLE/LEPR credit for teaching a course?

Answer:       Yes. The Commission’s Regulations allow you to earn enhanced credit for teaching. You must apply for teaching credit on the prescribed form. You will get three times the amount of time that you teach if you prepare five pages or more of quality written material for the participants. If you do not prepare written material, you can earn one and one-half times the amount of time that you teach. You must submit your request for teaching credit within 60 days of the presentation. Please see the complete list of restrictions on teaching credit.

28.    Can I get MCLE credit for published legal writing?

Answer:       Yes. The Commission’s Regulations allow you to earn MCLE credit for published writing concerning substantive or procedural law. You must apply for writing credit on the prescribed form. The published writing must be a minimum of 2,000 words, and you must submit your application within one year of publication. Please see the complete list of restrictions on writing credit.

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29.    How can I check the number of MCLE/LEPR hours that I currently have?

Answer:       Your CLE hours are posted on this website. Using your South Carolina Bar number and your last name, you can view your CLE transcript 24/7. Please note that only attendance that has been reported to us by the CLE sponsors will be reflected on your transcript. If you do not have access to the Internet, you can call the Commission office at (803) 799-5578 to check your CLE credits.

30.    If I have attended a course that has not been accredited by the SC Commission on CLE and Specialization, will I receive MCLE/LEPR credit for it?

Answer:       No. You will not receive MCLE/LEPR credit for a course unless it was submitted to the Commission for accreditation and approved for credit.

31.    How can I find out if the Commission has approved a specific course?

Answer:       Click here to search for accredited courses.

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32.    I have attended a course that has not been accredited by the Commission, how can I get credit for the course?

Answer:       You can ask the course’s sponsor to file the application for accreditation. Most in-state and out-of-state course sponsors are familiar with the application and reporting procedures in South Carolina.

If a sponsor has not accredited the course, an attorney can apply for course credit independently of a sponsor by completing and submitting a Uniform Application for Accreditation of CLE Activity, along with a $25 per course application fee. Along with the application, you will be required to submit a copy of the program’s brochure, agenda and handout materials. The application has complete information regarding the required attachments needed to file the application.

33.    If I attend a course outside South Carolina, can I count it toward my MCLE/LEPR requirement?

Answer:       If the course was submitted to the Commission and approved for having met the South Carolina accreditation standards, you may count it toward your MCLE/LEPR requirement. See above FAQ 32 regarding the procedure to have courses accredited by the Commission.

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34.    If I have taken the requisite number of approved MCLE/LEPR credit hours, must I file a compliance report?

Answer:       Yes. The Regulations for Mandatory Continuing Legal Education for Judges and Active Members of the South Carolina Bar (Regulations) require that in addition to taking the MCLE/LEPR hours, you must file a compliance report by the filing deadline and pay the appropriate fees.

35.    How do I get a copy of my compliance report?

Answer:       Each year the Commission mails all active, non-exempt attorneys an annual report of compliance. Compliance reports will be mailed in January 2008, for the 2007-2008 compliance reporting period.

36.    If I do not receive my compliance report, do I still have a responsibility to file?

Answer:       Yes. The Regulations do not require that the Commission provide you with a copy of your compliance report, only that the reports be made available to you through its office. If for whatever reason you do not receive your compliance report in the mail, it is your responsibility to notify the Commission and another copy of your compliance report will be provided to you. You can reach the Commission at (803) 799-5578 or e-mail at commcle@bellsouth.net. Non-receipt of your compliance report does not excuse you from the responsibility of filing your report by the reporting deadline.
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37.    What should I do if my compliance report is complete and correct?

Answer:       If your compliance report is complete and correct, you need to sign it, have it notarized, and return it along with the filing fee no later than March 1.

38.    How much is the compliance report filing fee?

Answer:       The compliance report filing fee is $40. Please make your check payable to SC Commission on CLE.

39.    Where do I submit my compliance report?

Answer:       You may mail your compliance report to the following address:
      Supreme Court Commission on CLE & Specialization
      Post Office Box 2138
      Columbia, South Carolina 29202

You may hand deliver or overnight your compliance report to the Commission. Please overnight your report to the street address:
      Supreme Court Commission on CLE & Specialization
      950 Taylor Street, Suite 120
      Columbia, South Carolina 29201

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40.    What should I do if my compliance report is incomplete or incorrect?

Answer:       If your compliance report is incomplete or incorrect, you should make necessary additions or corrections to the form before returning it.

If you have taken a CLE course that does not show up on the report, you may add the course as long as the course has previously been approved for accreditation by the Commission. If you add a course that was not accredited, you will not receive credit for course. All courses that have been accredited by the Commission will appear on the list of accredited MCLE courses.

See FAQ 32 regarding how you can obtain credit for a course that has not previously been accredited.

After you have made corrections to your report, sign it, have it notarized and return it with the filing fee before the filing deadline.

41.    If an accredited course that I attended is not listed on my compliance report, and I do not add the course to the report, will I get credit for the course?

Answer:       No. When you file your compliance report it must be complete. If an accredited course that you attended does not show up on your report, you must add it or you will not get credit for the course unless you file an amended compliance report.

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42.    Should I file my compliance report if I have not completed my 14 hours of MCLE/LEPR course work?

Answer:       No. If you have not earned your annual MCLE/LEPR credit hours, DO NOT file your compliance report. You will not be in compliance by filing the report without doing the course work. Wait until you have completed the course work before filing. If you file the report without completing the work, you will need to refile and pay the $40 filing fee for a second time.

43.    If I plan to attend a seminar, but have not yet attended it, can I include that course when I file my compliance report?

Answer:       No. Your compliance report must only list the courses that you actually have attended at the time that you file the report. The compliance report that you must sign and have notarized clearly states “that the information contained in this report is, to the best of my knowledge, complete and accurate and that I did, in fact, participate for the number of hours indicated in the courses listed in Part II.“ If you submit a report with courses that you plan to attend in the future, you will have to file an amended report after you complete the course work.

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44.    If I filed my compliance report and then attended additional courses this reporting period, how can I get credit for those additional courses?

Answer:       You must file an amended compliance report. Once you file your compliance report, you cannot receive credit for additional courses that you take unless you prepare and file an amended compliance report. The best practice is to wait to file your compliance report until you have completed all your annual course work. Complete instructions for filing an amended compliance report are found on this website.

45.    When must I complete my course work for the 2007-2008 reporting period?

Answer:       The 2007-2008 reporting period began on March 1, 2007 and will end on February 29, 2008.
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46.    When do attorney’s file their annual compliance reports?

Answer:       Pursuant to amended Rule 419, SCACR, active attorneys’ compliance reports and filing fees are due no later than March 1.

To avoid the late fee, make sure that your compliance report is USPS postmarked no later than March 1. Please note that we use the USPS postmark date, not your office meter date.

47.    Are extensions of time to complete CLE requirements available?

Answer:       No. Extensions of time to complete course work are not permitted. Lawyers are encouraged to maintain enough hours through the carry-forward provision to plan for illness or other unforeseen circumstances.

48.    What happens if I file my compliance report after March 1?

Answer:       If you file your compliance report after March 1 but before March 31, you will be assessed a late filing fee of $50 in addition to the $40 annual filing fee. If you have filed late on a prior occasion, you will be assessed a late filing fee of $100 in addition to the $40 annual filing fee.

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49.    What happens if I do not file my compliance report by March 31?

Answer:       Pursuant to Rule 419 (c), SCACR if you fail to file your compliance report by March 31, you automatically will be administratively suspended from the practice of law by the Commission.

50.    If I am suspended from the practice of law by the Commission for non-compliance, how can I get reinstated?

Answer:       Once you have received an administrative suspension by the Commission, you can be reinstated by doing the following: complete your MCLE/LEPR course work; file your compliance report; and, pay the appropriate fees. The Commission can reinstate you until June 1. After June 1, you must seek reinstatement from the South Carolina Supreme Court.

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51.    What are the fees to become reinstated following an administrative suspension?

Answer:       If you have been administratively suspended and are seeking reinstatement, you will have to pay the following fees:

• Annual filing fee of $40

• Late filing fee of either $50 (first occurrence of late filing) or $100 (subsequent late filing)

• Reinstatement fee of $200

Therefore, your total fees will be either $290 (first time late filing) or $340 (filed late in the past).

52.    If I am administratively suspended, will my name appear in the Advance Sheets?

Answer:       Pursuant to Rule 419(d), SCACR, following your administrative suspension, if you have complied and are reinstated by the Commission before May 1, your name will not be published in the Advance Sheets. If you have not been reinstated by May 1, your name will be published in the Advance Sheets.

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53.    What happens if I remain suspended after June 1?

Answer:       Pursuant to Rule 419(e), SCACR, if you remain suspended after June 1, the Commission will furnish your name to the Supreme Court. You will then be suspended by order of the Supreme Court, and you must forward your certificate of admission to practice to the Clerk of the Supreme Court.

54.    How can I become reinstated after June 1?

Answer:       Pursuant to Rule 419(f), SCACR, any lawyer seeking reinstatement after June 1 must petition the South Carolina Supreme Court.

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55.    I am an attorney licensed in both North Carolina and South Carolina. Are there any special provisions that I need to know regarding satisfying my MCLE requirements?

Answer:       Yes. You can satisfy the MCLE requirements of both states by complying with the MCLE requirements in the state where you reside and primarily practice.

In other words, if you reside and practice in North Carolina, you can satisfy your South Carolina 2007-2008 requirement by showing that you were in compliance for the 2007 North Carolina reporting period. You must be in compliance in North Carolina by the South Carolina deadline of March 1.

To comply in South Carolina using your North Carolina compliance, you must do the following:

• Obtain a copy of your North Carolina report showing that you are in full compliance in North Carolina

• Attach your North Carolina report to your South Carolina compliance report

• Sign the South Carolina compliance report and have it notarized

• Mail these documents along with a $40 filing fee to the South Carolina Supreme Court Commission on CLE & Specialization so that they will be received no later than March 1

Of course, you are also able to establish compliance in South Carolina by attending and reporting sufficient accredited CLE to satisfy South Carolina requirements.

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56. I am an attorney licensed in both Georgia and South Carolina. Are there any special provisions that I need to know regarding satisfying my MCLE requirements?

Answer: Yes. You can satisfy the MCLE requirements of both states by complying with the MCLE requirements in the state where you reside and primarily practice.

In other words, if you reside and practice in Georgia, you can satisfy your South Carolina 2007-2008 requirement by showing that you were in compliance for the 2007 Georgia reporting period. You must be in compliance in Georgia by the South Carolina deadline of March 1.

To comply in South Carolina using your Georgia compliance you must do the following:

• Obtain a copy of your Georgia transcript (or a certificate from the Georgia Commission on Continuing Lawyer Competency) showing that you are in full compliance in Georgia

• Attach your Georgia transcript (or certificate from the Georgia Commission on Continuing Lawyer Competency) to your South Carolina compliance report;

• Sign the South Carolina compliance report and have it notarized

• Mail these documents along with a $40 filing fee to the SC Supreme Court Commission on CLE & Specialization so that they will be received no later than March 1

Of course, you are also able to establish compliance in South Carolina by attending and reporting sufficient accredited CLE to satisfy South Carolina requirements.

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950 Taylor Street, Suite 120, P.O. Box 2138, Columbia, SC 29202
(803)799-5578

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