FREQUENTLY ASKED
QUESTIONS
1. What is Mandatory Continuing Legal Education?
2. Who administers the MCLE
program?
3. What is the purpose of the MCLE
program?
4. Is the Commission on CLE & Specialization the same
as the South Carolina Bar-CLE Division?
5. What must I do to comply with the MCLE
requirements?
6. When is the filing deadline for MCLE-LEPR-SA/MH requirements?
7. How many MCLE-LEPR-SA/MH credit hours do regular (active) attorneys have
to report each reporting year?
8. What is the Substance Abuse/Mental Health (SA/MH)
requirement and when must it be completed?
9. What are LEPR courses? What are SA/MH courses?
10. How many LEPR and
SA/MH credit hours do regular (active) attorneys have to take each reporting
year?
11. How will I know if a course has LEPR
or SA/MH credit?
12. If I earn more than 14 hours during the reporting
year, can I carry the excess hours forward?
13. Who must comply with the MCLE
requirements?
14. How do I change my SC Bar membership status from regular
(active) to inactive?
15. Who is exempt from complying with the MCLE requirements?
16. Must I comply with MCLE
requirements while I am in active duty in the military?
17. Must I report compliance if I am exempt?
18. 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?
19. I was admitted to the South Carolina Bar during the
2020-2021 reporting year (March 1, 2020-February 28, 2021). What are my first
CLE reporting year requirements and when do I file my first CLE compliance
report?
20. What CLE requirements are applicable to SC Bar members who have a limited
certificate of admission, or who are licensed as foreign legal consultants?
21. How many of the annual 14 MCLE
credit hours must be obtained from live, in-person courses, and how many hours
can be obtained from ADO/ADT courses? In the 2020-2021 reporting year,
have there been any provisions made for distance learning because of the COVID-19 pandemic?
22. What educational activities qualify as “ADO or
ADT” courses, i.e. alternatively delivered CLE programming?
23. Are webcasts of live seminars “live”
courses?
24. Are video replays of live seminars and satellite
broadcasts of live seminars considered to be “live” courses?
25. How much MCLE credit can
be obtained from a single ADO (online, on-demand) or ADT (teleconference)
course?
26. Does South Carolina permit “self-study”
to obtain MCLE-LEPR-SA/MH
credit hours?
27. Does South Carolina accredit in-house CLE courses?
28. Can I get extra MCLE-LEPR-SA/MH credit for teaching a CLE course?
29. Can I get MCLE credit for a
published legal writing?
30. How can I check the number of MCLE-LEPR-SA/MH credit hours that I currently have?
31. If I have attended a course that has not been
accredited by the SC Commission on CLE and Specialization will I receive SC CLE
credit for it?
32. How can I find out if the Commission has approved a
specific course?
33. I have attended a course that has not been
accredited by the Commission, how can I get credit for the course?
34. If I attend a course outside of South Carolina, can
I count it toward my MCLE-LEPR-SA/MH
requirement?
35. If I have taken the requisite number of approved MCLE-LEPR-SA/MH credit hours,
must I file a compliance report?
36. How do I get a copy of my CLE compliance report?
37. If I do not receive my CLE compliance report, do I
still have a responsibility to file?
38. What should I do if my CLE compliance report is
complete and correct?
39. How much is the CLE compliance report filing fee?
40. Where do I submit my CLE compliance report?
41. What should I do if my CLE compliance report is
incomplete or incorrect?
42. If an accredited course that I attended is not
listed on my CLE compliance report, and I do not add the course to the report,
will I get credit for the course?
43. Should I file my CLE compliance report if I have not
completed all of my MCLE-LEPR-SA/MH
course work?
44. If I plan to attend a course, but have not yet
attended it, can I include that course when I file my CLE compliance report?
45. If I filed my CLE compliance report and then
attended additional courses this reporting year, how can I get credit for those
additional courses?
46. When must I complete my course work for the 2020-2021
CLE reporting year?
47. When must I file my annual CLE compliance report?
48. Are extensions of time to complete CLE requirements
available?
49. What happens if I file my CLE compliance report
after March 1?
50. If I am filing my CLE compliance report after the
March 1 deadline, how do I know if my late fee should be $75 or $200?
51. What happens if I do not establish my CLE compliance
with the Commission?
52. If I am suspended from the practice of law for
non-compliance with CLE requirements, how can I get reinstated?
53. 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-LEPR-SA/MH requirements?
54. 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-LEPR-SA/MH requirements?
55. I need copies of my past CLE compliance
reports. Where can I find them?
56. What is the fee to submit an Application for
Accreditation of a CLE activity to the Commission for MCLE-LEPR-SA/MH approval in South Carolina?
1. What
is Mandatory Continuing Legal Education?
Answer:
Mandatory Continuing Legal Education (MCLE) is the program adopted in 1982 by the Supreme Court
of South Carolina, which establishes minimum requirements for continuing legal
education for South Carolina’s attorneys and judges. The Court’s belief is that “all judges and lawyers must meet certain minimum
continuing legal education requirements if they are to maintain their
competency.” The CLE Rules
are set forth in the South Carolina Appellate Court Rules (SCACR),
in Rule 408, Continuing Legal Education and
Specialization; Rule 504, Continuing Legal Education of the
Judiciary; and Rule 510, Continuing Legal
Education For Magistrates and Municipal Judges. The accompanying
CLE Regulations are set forth in the Appendices to Part IV, SCACR,
in Appendix C. Regulations for Mandatory Continuing
Legal Education; Appendix D. Regulations for Legal Specialization; and Appendix E. Regulations for Specialty Fields.
2. Who
administers the MCLE program?
Answer:
The program is administered by the Supreme
Court of South Carolina Commission on Continuing Legal Education &
Specialization (Commission). The
Commission is an agency of the Supreme Court of South Carolina (Court) created
by Rule 408, SCACR. Twelve members of the Commission are
appointed by the 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.
[Back
to Top]
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. Mindful of
the improvements in the administration of justice that have resulted from
mandatory judicial continuing legal education (JCLE)
and mandatory continuing legal education for attorneys (CLE), the Court maintains minimum CLE requirements to ensure
that all active South Carolina Bar members remain competent and current with
the law throughout their legal or judicial 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 Supreme Court of South Carolina which administers the MCLE
program and accredits all CLE programming.
The South Carolina Bar-CLE Division is the division of the Bar which
sponsors (produces) CLE courses and publishes legal treatises and practice
manuals for attorneys and judges.
You can contact the SC Bar-CLE Division at 803-771-0333 or 803-799-6653,
or visit its website at www.scbar.org.
[Back
to Top]
5. What
must I do to comply with the MCLE requirements?
Answer: Each reporting year,
all regular (active) attorneys must earn 14 hours of MCLE
credit, of which at least two (2) hours must be Legal Ethics and Professional
Responsibility (LEPR) credit, or must have sufficient
credit carried forward from the previous reporting year. The maximum carry-forward credit is 14
hours of MCLE credit of which two (2) hours may be LEPR credit. Credit from alternatively delivered courses
(designated by the Commission with an ADO or ADT suffix after the SC CLE course
number) may not be carried forward (see FAQ 22 regarding alternatively delivered
courses). As part of the MCLE
requirement, at least once every two (2) reporting years, attorneys must
complete one (1) hour of instruction devoted exclusively to substance abuse,
mental health issues, or stress management and the legal profession (SA/MH). Credit for SA/MH courses may not be carried forward from one two-year
reporting cycle to the next. SA/MH
credit is part of the general CLE requirement and cannot be applied to satisfy
the LEPR requirement. Bar members will be deemed to have
established compliance with the MCLE-LEPR-SA/MH requirements when they have done the following:
1) earned the required MCLE and LEPR
hours (or have sufficient MCLE and LEPR carry-forward hours); 2) earned the required SA/MH
hours to satisfy their current two-year cycle; 3) filed the compliance report
listing all courses attended during the reporting year; and 4) paid the $50.00 filing fee and late
fee if applicable. Due to COVID-19, pursuant
to the June 16, 2020 Order of the Supreme Court of South Carolina https://www.sccourts.org/whatsnew/displaywhatsnew.cfm?indexID=2514,
lawyers and judges may earn all or any portion of the CLE they are required to
obtain for the 2020-2021 annual reporting year through online or telephone programs.
Such courses are alternatively
delivered and are designated by the Commission with an ADO or ADT suffix after
the SC CLE course number. Any ADO/ADT credit earned in excess of the credit
needed to satisfy the 2020-2021 CLE obligation cannot
be carried forward to the next CLE reporting year.
6. When
is the filing deadline for MCLE-LEPR-SA/MH
requirements?
Answer: The filing
deadline for attorneys is on or before March 1. The CLE reporting year runs from March 1
until the last day of February.
7. How
many MCLE-LEPR-SA/MH credit
hours do active attorneys have to report each reporting year?
Answer:
Regular (active) attorneys
must report 14 hours of approved MCLE courses
per reporting year. All courses must be approved by the Commission. South Carolina uses a 60-minute CLE
credit hour. At least two (2) of
the 14 MCLE hours must be courses that are devoted to legal ethics and
professional responsibility (LEPR). Additionally, effective May 1, 2019, at
least once every two (2) reporting years, active attorneys and judges must
complete one (1) hour of instruction devoted exclusively to substance abuse,
mental health issues, or stress management and the legal profession
(SA/MH). Members who have exceeded the minimum MCLE and LEPR requirements for
the current reporting year may carry-forward up to 14 hours of MCLE credit of which two (2) hours may be LEPR credit. Credit from alternatively delivered courses
(designated by the Commission with an ADO or ADT suffix after the SC CLE course
number) may not be carried forward (see FAQ 22
regarding alternatively delivered courses). Substance abuse/mental health (SA/MH) credit earned
during a member’s current two-year reporting cycle cannot be carried
forward to the next two-year reporting cycle.
8. What
is the Substance Abuse/Mental Health (SA/MH) requirement and when must it be
completed?
Answer:
Pursuant to the March 13, 2019 Order of the
Supreme Court of South Carolina amending Rule 408, SCACR,
effective May 1, 2019, at least once
every two (2) reporting years, attorneys and judges must complete one (1) hour
of instruction devoted exclusively to substance abuse, mental health issues, or
stress management and the legal profession (SA/MH). Substance abuse/mental health (SA/MH)
credit is a part of the general CLE requirement and cannot be applied to satisfy
the legal ethics and professional responsibility (LEPR)
requirement. Substance abuse/mental
health (SA/MH) credit earned during a member’s current two-year reporting
cycle cannot be carried forward to satisfy the requirements of the
member’s next two-year cycle.
Under the amended rule, lawyers and
judges who satisfied this requirement in the 2018-2019 annual reporting year are required to complete the requirement again no later
than the 2020-2021 reporting year.
Lawyers and judges who completed the requirement in either the 2016-2017
or the 2017-2018 reporting year are required to complete the requirement again
in the 2019-2020 reporting year.
9. What
are LEPR courses? What are SA/MH 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. Legal
ethics/professional responsibility (LEPR) includes,
but is not be limited to, instruction focusing on the Rules of Professional
Conduct as they relate to law firm management, malpractice avoidance, lawyer
fees, legal ethics, and the duties of lawyers to the judicial system, the
public, clients and other lawyers. LEPR also includes, but is not limited to, instruction
focusing on the elimination of bias in the legal profession. Elimination of bias instruction includes
programming designed to educate lawyers on the recognition, identification,
prevention, and elimination of bias in the legal setting, as well as
programming on diversity in the legal profession.
Substance abuse/mental health (SA/MH) credit DOES NOT qualify
for LEPR credit.
SA/MH
topics include the
effects of stress, substance abuse, and chemical dependency, or debilitating
mental conditions on a lawyer’s or judge’s professional
responsibilities, and the prevention, detection, treatment, and etiology of
stress, substance abuse, chemical dependency, and debilitating mental
conditions, and may include topics addressing signs of substance abuse or
mental health issues in oneself or a colleague within the legal community,
lawyer assistance programs, and other topics that are focused on the impact of
substance abuse, mental health issues, or stress management on lawyers and
judges.
10. How
many LEPR and SA/MH credit hours do active attorneys
have to take each reporting year?
Answer:
Regular (active) attorneys must take at least two (2) hours of LEPR credit every CLE reporting year. At
least once every two (2) reporting years, attorneys and judges must complete
one (1) hour of instruction devoted exclusively to substance abuse, mental
health issues, or stress management and the legal profession (SA/MH). Substance abuse/mental health (SA/MH)
credit is a part of the general CLE requirement and cannot be applied to
satisfy the LEPR requirement. Attorneys who have exceeded the minimum MCLE and LEPR requirements for
the current reporting year may carry-forward up to 14 hours of MCLE credit of which two (2) hours may be LEPR credit. Credit from alternatively delivered courses
(designated by the Commission with an ADO or ADT suffix after the SC CLE course
number) may not be carried forward (see FAQ 22
regarding alternatively delivered courses). Substance abuse/mental
health (SA/MH) credit earned during a member’s current two-year reporting
cycle cannot be carried forward to the next two-year reporting cycle.
[Back
to Top]
11. How
will I know if a course has LEPR or SA/MH credit?
Answer:
The CLE course sponsor should let you know if a course (or a
portion of a course) has been accredited for LEPR or
SA/MH credit. The sponsor also will
tell you the exact number of LEPR or SA/MH credit
hours in the course and which presentation(s) in the course have been approved
for LEPR or SA/MH credit.
12. If
I earn more than 14 hours during the reporting year, can I carry the excess
hours forward?
Answer:
Yes. A regular (active)
attorney, who earns more than 14 hours of credit in the reporting year,
may carry forward a maximum of 14 hours to the next reporting year, of which
two (2) hours may be LEPR credit. Substance abuse/mental health (SA/MH)
credit hours earned during an attorney or judge’s two-year cycle cannot
be carried forward to satisfy the requirements of the next two-year cycle of
SA/MH reporting years. Credit from “alternatively
delivered” courses (designated by the Commission with an ADO or ADT
suffix after the SC CLE course number) may not be carried forward (see FAQ 22 regarding alternatively delivered courses).
13. Who
must comply with the MCLE requirements?
Answer:
Pursuant to Rule 408, SCACR, all regular
(active) members of the South Carolina Bar must comply with the MCLE requirements.
All active appellate, circuit, family, and probate court judges, and
masters-in-equity, must comply with the JCLE
requirements of Rule 504, SCACR. All active summary court judges
(magistrates and municipal court judges) must comply with the MMJCLE requirements of Rule 510, SCACR.
14. How
do I change my SC Bar membership status from inactive to regular (active)?
Answer:
To change your status, you must request a
change in your SC Bar membership status (or class) through your member account
on the website of the Supreme Court of South Carolina’s Attorney
Information System (AIS) at www.sccourts.org/ais. Additionally, you may need to contact
the Office of the Clerk of Court of the Supreme Court of South Carolina by
telephone at 803-734-1080.
SC Bar membership status change is governed by Rule 410(h)(1)(B) and 410(o), SCACR.
Rule 410 provides that, if an inactive member has engaged in the practice of a
law in this or any other jurisdiction within the last twelve months, the
inactive member may become a regular member by paying the fee specified in Rule
410 (o) if that member is current on mandatory continuing legal education
requirements in that jurisdiction. Otherwise, the inactive member may
only become a regular member by paying the fee specified in Rule 410 (o), i.e.
the difference in the license fee for that year regardless of when the change
occurs, and providing proof that the inactive attorney has completed the
continuing legal education requirements of a regular member under Rule 408, SCACR, within the last twelve months.
You must contact the
Commission to obtain confirmation to be emailed to the Clerk of Court of the
Supreme Court of South Carolina that you are currently in compliance with SC
CLE requirements. If you are a
resident of another state or U.S. jurisdiction, and you have been actively
engaged in the practice of law in your state/jurisdiction of residence for the
last 12 months, and you are currently in compliance with CLE requirements of
your state/jurisdiction, you may obtain an affidavit of out-of-state
CLE compliance from the Commission to be executed, notarized, and returned to
the Commission, which to attests to your current out-of-state CLE compliance.
As soon as the Commission receives your affidavit, the Commission will
notify AIS and the Office of the Clerk of Court of the Supreme Court of South
Carolina that the Commission has no objection to your change of status from
inactive to regular (active) status.
If you are not currently actively practicing law in any other
jurisdiction, you must contact the Commission to obtain a CLE compliance report
for the most recent CLE reporting year, and then complete and submit your
report to the Commission, demonstrating that you have obtained at least 14
hours of SC-accredited MCLE credit, including 2 hours
of LEPR credit (not more than 8 hours of which may be
obtained via online/on-demand/ teleconference courses, i.e.
“alternatively delivered” CLE programming during the most recent SC
CLE reporting year. Note that, due
to the COVID-19 pandemic, with respect to the 2019-2020
and 2020-2021 CLE reporting years, all required credit may be earned via
preapproved alternatively delivered programming, pursuant to the June 16, 2020 Order of the Supreme Court of South
Carolina https://www.sccourts.org/whatsnew/displaywhatsnew.cfm?indexID=2514.
You must also pay the $50 annual
filing fee (via check made payable to “SC Commission on CLE.”) As soon as you have filed your regular
SC attorney’s CLE compliance report demonstrating that you have satisfied
the requirements for the most recent CLE reporting year and paid your annual
filing fee, the Commission will notify AIS and the Office of the Clerk of Court
of the Supreme Court of South Carolina that the Commission has no objection to
your change of status from inactive to regular (active) status. The
Commission staff member to contact for assistance with this process is Brent
Burry, brentburry@bellsouth.net or 803-799-5578 ext.
101.
You must also contact the SC Bar Membership Department to
pay the difference between the current year’s license fee for the regular
membership category and the inactive membership category. The SC Bar staff member to contact for
assistance with this process is Donna Oelhafen, doelhafen@scbar.org
or 803-799-6653 ext, 171.
[Back to Top]
15. Who
is exempt from complying with the MCLE requirements?
Answer:
The following are exempt from the MCLE
requirements, pursuant to Rule 408(a)(2)(A)-(F), SCACR:
• Bar members who are at least sixty
(60) years old and have been admitted to practice law for thirty (30) years or
more may apply to the Commission for an exemption. This exemption is not automatic. See FAQ 18
which outlines the procedure to file for the exemption.
• Bar members who are inactive members, military
members, and retired members are exempt from complying with MCLE requirements;
•
Bar members who are federal judges or federal administrative law
judges are exempt from complying with the MCLE
requirements;
• Bar limited
certificate members who have been licensed under Rule 415, SCACR
(Limited Certificate of Admission for
Retired and Inactive Attorney Pro Bono Participation Program) are exempt from
complying wth MCLE
requirements.
• Specialists who have been certified pursuant
to Rule 408 SCACR, who satisfy the CLE requirements
of their specialty area, are exempt from MCLE
requirements. However, each
specialist must have at least two (2) LEPR hours annually. Also, effective May 1, 2019, each
specialist must complete one (1) hour of instruction devoted exclusively to
substance abuse, mental health issues, or stress management and the legal
profession (SA/MH). Substance
abuse/mental health (SA/MH) credit hours do not qualify for LEPR
credit. Each specialty’s CLE
requirements can be found on this website.
See Specialization Regulations & Forms.
[Back to Top]
16. Must
I comply with MCLE requirements while I am on active
duty in the military?
Answer:
Regular (active) members of the SC Bar who
are deployed overseas on an active duty military assignment may request and
obtain a temporary waiver of their MCLE requirement
from the Commission, during the period of their deployment. Regular
(active) SC Bar members on active duty military status in the United States
must comply with the MCLE requirements. Please send notice of your active duty
military status and overseas deployment to the Commission, at least thirty (30)
days before the end of the current CLE reporting year, to the following address:
Supreme Court Commission on CLE & Specialization, Post Office Box 2138,
Columbia, SC 29202, or email the Commission at: commcle@bellsouth.net.
Military
members of the SC Bar, regardless of their duty station, are exempt from SC CLE
requirements for as long as they maintain military member status.
Military members who change their status are afforded an exemption for their
first year of civilian regular membership, after their change of status.
If you change your SC Bar membership status from “regular” to
“military,” you will become eligible for a permanent waiver of the
annual CLE requirement, pursuant to Rule 408(a)(2)(C), SCACR,
for as long as you remain a military member. To change your SC Bar
membership status you must contact both the SC Supreme Court’s Attorney
Information System (AIS) (https://www.sccourts.org/AIS/)
and the SC Bar Membership Services Department (http://www.scbar.org/Bar-Members; 803-799-6653; doelhafen@scbar.org
or cmedlin@scbar.org), to request the change. Note that
military members may not engage in the practice of law in South Carolina
outside of their duties in the Armed Forces of the United States, pursuant to
Rule 410(h)(1)(E), SCACR. When you leave military duty and change
to regular (active) member status with the SC Bar, you should contact the
Commission regarding your MCLE requirements.
17. Must
I report compliance if I am exempt?
Answer:
No. If you fall within
the exempt categories noted above in the answer to question 15, you do not need
to take CLE courses nor do you need to file an annual
compliance report.
[Back to Top]
18. 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 contact the Commission to obtain an affidavit requesting
CLE exemption, or a member may prepare his/her own affidavit which includes the
following:
• His/her name, SC Bar identification
number, 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 signed, notarized 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 CLE reporting year in which it was granted.
[Back to Top]
19.
I was admitted to the South Carolina Bar during the 2020-2021 reporting year
(March 1, 2020 - February 28, 2021).
What are first CLE reporting year requirements and when do I file my
first CLE compliance report?
Answer:
Pursuant to Rule 408(a)(3),
SCACR, newly admitted members are exempt from CLE
requirements during the CLE reporting year in which they are admitted to the SC
Bar. The first required CLE
reporting year for newly admitted members begins on March 1 after the date of
admission. Consequently,
if you were admitted to the SC Bar during the 2020-2021 reporting year, i.e. March
1, 2020 - February 28, 2021, you will file your first annual CLE compliance
report for the 2021-2022 CLE reporting year, i.e. March 1, 2021 - February 28,
2022. Therefore, your first annual
CLE compliance report must be submitted to the Commission on or before March 1,
2022.
Before the
end of the first required CLE reporting year, newly admitted members admitted
pursuant to Rule 402, SCACR, unless exempt as set
forth below, must complete an Essentials Series course administered by the
South Carolina Bar-CLE Division, in addition to satisfying the annual MCLE requirements.
Hours earned by attending an Essentials Series course will be applied to
the member's first required CLE reporting year. Except for the required Essentials
Series course, any CLE courses taken before the beginning of
your first CLE reporting year cannot qualify for credit and cannot be used to
satisfy future MCLE-LEPR-SA/MH
requirements.
SC Bar
members who live and practice outside of South Carolina may take an Essentials Series
course online. Due to the COVID-19 pandemic, pursuant
to the June 16, 2020 Order of the Supreme Court of South Carolina https://www.sccourts.org/whatsnew/displaywhatsnew.cfm?indexID=2513
any newly admitted member may satisfy this requirement by completing an
Essentials Series course online for the 2020-2021 CLE reporting year.
Pursuant to
Rule 408(a)(3), the following newly admitted members
are exempt from completing an Essentials Series course:
(A) members
called to active military duty and who elect to become Military Members under
Rule 410(h)(1)(E), SCACR;
(B) inactive
members who remain inactive through the end of the first required reporting
year;
(C) members
who have been admitted to practice law in another jurisdiction for at least two
(2) years prior to admission in South Carolina;
(D) members who took the South
Carolina Bar's Bridge the Gap Program prior to March 2013.
Please note that, if you were admitted to the SC Bar under a limited
certificate of admission, pursuant to Rules 414, 427, or 430, SCACR, you must file an annual CLE compliance report for
the CLE reporting year in which you were admitted. Additionally, effective May 1, 2019, you
will also be required to satisfy the two-year substance
abuse/mental health CLE requirement.
Please see Question 20, below, for more information about the CLE
requirements of limited certificate members of the SC Bar.
20.
What CLE requirements are applicable to SC Bar members who have a limited
certificate of admission, or who are licensed as foreign legal consultants?
Answer: SC Bar members with a limited certificate of admission
pursuant to Rule 405, SCACR, Limited Certificate of Admission to
Practice Law in South Carolina; Rule 414, SCACR, Limited Certificate
to Practice Law for Clinical Law Program Teachers; Rule 427, SCACR, Limited Certificate of Admission for Judge Advocates;
and Rule 430, SCACR, Limited Certificate
of Admission for Military Spouse Attorneys, must file an annual CLE
compliance report, beginning in the CLE year in which they were admitted, and
continuing for each CLE reporting year thereafter for as long as they remain a
limited certificate member, demonstrating that they have met the CLE
requirements of Rule 408, SCACR.
Limited certificate members licensed pursuant to Rule 415, SCACR,
Limited Certificate
of Admission for the Retired Attorney Pro Bono Participation Program,
are exempt from the CLE requirements of Rule 408, SCACR.
SC Bar members licensed as foreign legal consultants pursuant to Rule 424, SCACR, Licensing of Foreign Legal Consultants must annually attend at least two (2) hours of approved CLE courses devoted to legal ethics/professional conduct (LEPR) and file an annual CLE compliance report with the Commission.
21. How many of the
annual 14 MCLE credit hours must be obtained from live,
in-person courses, and how many hours can be obtained from ADO/ADT courses?
Answer:
Pursuant to the Commission’s
Regulations, six (6) of your annual MCLE credit hours
must come from attendance at live, in-person courses. Eight (8) hours can come from
courses that are “alternatively delivered,” which are designated by
the Commission with an ADO or ADT suffix after the SC CLE course number. The Supreme Court of South Carolina
waived the restriction on the annual distance learning cap for the 2020-2021
reporting year. The Supreme
Court’s waiver is based on the issues caused by COVID-19
and the potential lack of available in-person courses this reporting year. Pursuant to the June 16, 2020 Order of
the Supreme Court https://www.sccourts.org/whatsnew/displaywhatsnew.cfm?indexID=2514,
lawyers and judges may earn all or any portion of their 2020-2021 annual CLE requirements through
preapproved online or telephone courses.
Certified specialists also can satisfy the annual CLE requirements of
their specialty areas through distance learning courses.
The Supreme Court did not waive the restriction on carrying forward online and
telephone credit hours. Any
distance learning hours (ADO/ADT credit) earned in excess of the
attorney’s or judge’s annual CLE
requirement, cannot be carried forward to the 2021-2022 reporting year.
22. What
educational activities qualify as “AD0 or
ADT”, i.e. alternatively delivered programming?
Answer:
Due to COVID-19, pursuant to the June 16, 2020 Order of
the Supreme Court of South Carolina https://www.sccourts.org/whatsnew/displaywhatsnew.cfm?indexID=2514
, lawyers and judges
may earn all or any portion of the CLE they are required to obtain for the
2020-2021 annual reporting year through online or telephone programs. Pre-approved “alternatively delivered” courses are
designated by the Commission with an ADO or ADT suffix after the course
number. A current list of
accredited alternatively delivered courses can be found on the
Commission’s website https://www.commcle.org/avail_course20.asp. Alternatively
delivered programming includes online and
on-demand courses, live webcasts and webinars, which are delivered over the Internet. Online
and on-demand courses can be accredited for a maximum of eight (8) hours per
course. Telephone
courses, including teleseminars and teleconferences, are also defined as
alternatively delivered programming, and can be accredited for a maximum of 90
minutes. Video
replays of live courses and satellite broadcasts, such as the SC Bar-CLE
Division’s broadcasts to remote sites around the state, are considered to
be “live” courses. Essentially, the difference between
“live” and “alternatively delivered” programming for SC
CLE purposes is that live courses are attended in-person, in a group setting,
in a location administered by the CLE sponsor. Alternatively
delivered programming is delivered via internet or telephone to individuals in
a solo setting (e.g., live individual webcasts, individual online and on-demand
courses, and individual live and replay teleseminars) and can be attended in
your office, home, or anywhere you have access to the internet or telephone. A
current list of accredited live courses can be found on the Commission’s
website https://www.commcle.org/avail_course10.asp.
[Back
to Top]
23.
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 online and on-demand courses.
See FAQ 22, above.
24.
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. See FAQ
22, above.
25.
How much MCLE credit can be obtained from a single
ADO (online, on-demand) or ADT (teleconference) course?
Answer:
An individual ADO (online, on demand) course can be
accredited for a maximum of eight (8) hours of MCLE
credit. An individual ADT (teleconference) course can be accredited for a
maximum of 90 minutes of MCLE credit.
26.
Does South Carolina permit “self-study” to obtain MCLE/LEPR credit hours?
Answer:
No.
There is no provision for SC CLE credit for self-study course work.
[Back to Top]
27.
Does South Carolina accredit in-house CLE 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 of the
course. Not more than one-half of
an attorney’s approved credits for any CLE reporting year can be earned
through in-house courses. For
example, if you earn a total of 15 MCLE credit hours
during the reporting year, only seven and one-half hours (7.5 hrs.) of this
credit may be earned through in-house courses. Please check the Commission's Regulations for a complete list of requirements for
“In-House CLE” programming.
28.
Can I get extra MCLE-LEPR-SA/MH
credit for teaching an accredited CLE 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 (3) times the amount
of time that you teach if you have prepared at least five (5) pages or more of
quality written material for the participants. If you do not prepare written material,
you can earn one and one-half (1.5) times the amount of time that you teach. You must submit your request for
teaching credit within 60 days of your presentation. Please see the complete list of restrictions on teaching credit.
29.
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.
[Back to Top]
30.
How can I check the number of MCLE-LEPR-SA/MH credit hours that I currently have?
Answer:
Your current CLE reporting year MCLE-LEPR-SA/MH credit hours are available by accessing the Check MCLE Credits link on the
Commission's secure website and entering your AIS Username and Password, by
calling the Commission office at 803-799-5578, or by emailing the Commission at
commcle@bellsouth.net with your
request.
31.
If I have attended a course that has not been accredited by the Commission,
will I receive credit for it?
Answer:
No. You will not
receive MCLE-LEPR-SA/MH
credit for a course unless it was submitted to the Commission for accreditation
and approved for SC CLE credit.
32.
How can I find out if the Commission has approved a specific course?
Answer:
Click here to search for accredited courses.
[Back to Top]
33. I
have attended a course that has not been accredited by the Commission, how can
I get CLE credit for the course?
Answer:
You can ask the course’s sponsor to
file a uniform 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
course brochure, agenda, and handout materials. The application has complete
information regarding the required attachments needed to file the application.
34. If
I attend a course outside South Carolina, can I count it toward my MCLE-LEPR-SA/MH requirement?
Answer:
If the course was submitted to the Commission
and approved as having met the South Carolina CLE accreditation standards, you
may count it toward your MCLE-LEPR-SA/MH
requirement. See above FAQ 33
regarding the procedure to have courses accredited by the Commission.
[Back to Top]
35. If
I have taken the requisite number of approved MCLE-LEPR-SA/MH credit hours, must I file a CLE
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-SA/MH hours, you must
file a compliance report by the filing deadline and pay the appropriate fees.
36.
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 are mailed on/about January 15 of each year.
37.
If I do not receive my CLE 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 any
reason you do not receive your annual CLE compliance report in the mail, it is
your responsibility to notify the Commission so that a duplicate copy of your
CLE compliance report can be provided to you. You can reach the Commission at
803-799-5578 or e-mail at commcle@bellsouth.net. Non-receipt of your CLE compliance
report does not excuse you from the responsibility of filing your CLE
compliance report by the reporting deadline.
[Back to Top]
38.
What should I do if my CLE compliance report is complete and correct?
Answer:
If your CLE compliance report is complete and correct, you need to
sign it, date it, and return it, along with the filing fee, no later than March
1.
39.
How much is the CLE compliance report filing fee?
Answer:
The compliance report filing fee for regular attorneys, limited
certificate members, and judges is $50.
The compliance report filing fee for certified specialists is $100. Please make your check or money order
payable to SC Commission on CLE.
40.
Where do I submit my CLE 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 Commission’s physical address:
Supreme Court Commission on CLE &
Specialization
950 Taylor Street, Suite 120
Columbia, South Carolina 29201
[Back to Top]
41.
What should I do if my CLE compliance report as printed is incomplete or
incorrect?
Answer:
If your CLE compliance report is incomplete or incorrect, you
should make necessary pen and ink additions or corrections to the MCLE transcript portion of the report before returning it.
If you have taken a CLE course that does not
appear on the report, you may add the course provided the course has been previously 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. Only
accredited courses can be added to
your MCLE transcript. To determine if a course has been
accredited, you may check the Commission’s Web site at https://www.commcle.org. If a course is not on the “List of
Accredited MCLE Seminars,” then you, or the course’s sponsor, must take the necessary steps to have the course accredited. For instructions on how to accredit a
course, please see Question 33, above, or call the Commission’s
office. YOU WILL NOT BE GIVEN MCLE CREDIT FOR
NON-ACCREDITED COURSES. After you have made pen
and ink corrections to your report, sign it and return it with the filing fee
before the filing deadline.
42.
If an accredited course that I attended is not listed on my CLE 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 CLE compliance report it must be complete. If an accredited course that you
attended does not appear on your report, you must add it to the MCLE transcript portion of your report or you will not get
credit for the course, unless you file an amended CLE compliance report. It is
essential that your MCLE transcript be accurate and
complete before you submit it
for filing. If your transcript has
incorrect or incomplete information, please make pen and ink corrections
directly to the report. DO NOT SUBMIT YOUR COMPLIANCE REPORT UNTIL
YOU HAVE COMPLETED ALL OF YOUR COURSES THAT YOU WISH TO SUBMIT FOR CREDIT
THROUGH THE LAST DAY OF THE CLE REPORTING YEAR.
[Back to Top]
43.
Should I file my CLE compliance report if I have not completed all of my MCLE-LEPR-SA/MH course work?
Answer:
No. If you have not earned
all of your required MCLE-LEPR-SA/MH
credit hours, DO NOT file your CLE compliance report. You will not be in compliance by filing
the report without completing 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 re-file and pay the $50
filing fee for a second time, in addition to any late fee that may now be due.
44.
If I plan to attend a seminar, but have not yet attended it, can I include that
course when I file my CLE compliance report?
Answer:
No.
Your CLE compliance report must only list the courses that you have
actually attended at the time that you file the report. The CLE compliance report that you must
sign 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.” You cannot add a course to
your MCLE transcript that you plan to attend in the future.
THE COMMISSION WILL NOT APPROVE A REPORT CLAIMING CREDIT FOR A COURSE
THAT YOU PLAN TO ATTEND IN THE FUTURE.
THE COMMISSION WILL NOT ADJUST YOUR REPORT AFTER IT IS FILED, EVEN IF
ATTENDANCE IS RECEIVED FROM YOU OR THE SPONSOR, UNLESS YOU FILE AN AMENDED
COMPLIANCE REPORT. A $50.00 amended filing fee is assessed
when filing an amended report to obtain credit for a course which you attended after
you filed your compliance report, but before the end of the CLE
reporting year.
[Back to Top]
45. If I filed my
CLE compliance report and then attended additional courses this reporting year,
how can I get credit for those additional courses?
Answer:
You must file an amended CLE compliance
report. Once you file your CLE
compliance report, you cannot receive credit for additional courses that you
take unless you prepare and file an amended CLE compliance report. The best practice is to wait to file
your CLE compliance report until you have completed all your annual course
work. If you attended an accredited course that does not appear in PART III,
2018-2019 MCLE TRANSCRIPT, please add (type or write
in) the course on your report. If
you attended a course that is not listed on your CLE compliance report AND YOU
DO NOT ADD IT BEFORE FILING THE REPORT, you will not receive credit for
attending the course unless you file an amended compliance report and pay the
$50.00 amended filing fee. Complete
instructions for filing an amended CLE compliance report
are found on this website. An
amended CLE compliance report may be filed up to one (1) year after the filing
of your previous CLE compliance report.
46.
When must I complete my course work for the 2020-2021 CLE reporting year?
Answer: The 2020-2021 CLE reporting year begins on March 1, 2020
and ends on February 28, 2021.
[Back to Top]
47.
When do attorneys file their annual CLE compliance reports?
Answer:
Pursuant to Rule 419, SCACR, active attorneys’ compliance
reports and filing fees are due no
later than March 1.
To avoid the assessment of a late filing fee, you must make sure that
your CLE compliance report is USPS postmarked no later than March 1. Please note that the Commission uses the
USPS postmark date, not your office postage meter’s date. If you wait until the
last day to mail your report, you assume the risk that the USPS may not
postmark your envelope until the next day, after the timely filing deadline has
passed, in which case you will be assessed a late fee.
48.
Are extensions of time to complete CLE requirements available?
Answer:
No. Extensions of time
to complete CLE 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.
49.
What happens if I file my CLE compliance report after March 1?
Answer: If you file your annual CLE compliance report after
March 1, but no later than April 15, you will be assessed a late filing fee in addition
to the $50 annual filing fee. If
this is your first late filing, you will be assessed a $75 late filing fee in
addition to the $50 annual filing fee.
If you have filed late on a prior occasion, you will be assessed a $200
late filing fee in addition to the $50 annual filing fee.
[Back to Top]
50.
If I am filing my CLE compliance report after the March 1
deadline, how do I know if my late fee should be $75 or $200?
Answer: The fees due can be found on
the front of your CLE compliance report in the box labeled “FEES.”
51. What happens if I
do not establish my CLE compliance with the Commission?
Answer:
Pursuant to Rule 419(c) and (d), SCACR, Administrative
Suspensions, if you have not timely filed your annual CLE
compliance report by March 1, showing that you have satisfied the MCLE-LEPR-SA/MH requirements and
paid all fees, promptly after March 15, the
Commission will notify you that you have failed to file a report of compliance
and pay the annual filing fee, including payment of any penalty established by
the Commission, and that you will be suspended if you do not file your report
of compliance and pay the filing fee and any penalty by April 15. Promptly after April 15, the Commission
will forward a list of the attorneys who have failed to file CLE compliance
reports and pay any required fee and penalty to the Clerk of the Supreme Court
of South Carolina. Those attorneys
will be administratively suspended by order of the Supreme Court of South
Carolina and must thereafter forward their certificates of admission or licenses
to the Clerk of the Supreme Court of South Carolina.
52.
If I am suspended from the practice of law for non-compliance with CLE
requirements, how can I get reinstated?
Answer:
Pursuant to Rule 419, SCACR, Administrative
Suspensions, you will be required to file a petition for reinstatement
with the Supreme Court of South Carolina. The
petition for reinstatement must be accompanied by a written statement from the
South Carolina Bar showing that the person has paid all license fees and
penalties due to the South Carolina Bar and by a written statement from the
Commission showing that the person is current on all continuing legal education
requirements, including any fees and penalties. The petition must be
accompanied by a filing fee of $200 if the person has been suspended for two
years or less, a filing fee of $400 if the person has been suspended more than
two years, and a filing fee of $600 if the person has been suspended for more
than four years. A proof of service showing that a copy of the petition
has been served on the Office of Disciplinary Counsel must be filed with the
petition. The Court may take such action as it deems appropriate on the
petition for reinstatement, including, but not limited to, requiring the person
to appear before the Court for a hearing, referring the petition to the
Committee on Character and Fitness or referring the petition to the Commission
on Lawyer Conduct for investigation and a recommendation as to the propriety of
reinstatement. The petition of any person who has been suspended for more
than four years shall be referred to the Committee on Character and Fitness for
a recommendation as to whether the person has the character and fitness to
again engage in the practice of law in South Carolina.
For a
person holding a limited certificate or licensed as a foreign legal consultant,
any petition for reinstatement must be filed within ninety (90) days of the
date of the suspension. Otherwise, the expiration of the license based on
the suspension under Rules 405, 414, 415 or 424, SCACR,
shall be final.
[Back to Top]
53.
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-LEPR-SA/MH requirements?
Answer:
Yes. You can satisfy the MCLE-LEPR-SA/MH requirements of both states by complying with
the MCLE requirements in North Carolina.
In other words, if you are an active member in good standing of the North
Carolina Bar, residing and practicing in North Carolina, you can satisfy your
South Carolina 2020-2021 requirement by showing that you were in compliance for
the 2020 North Carolina reporting year.
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
• Mail these documents along with a $50 filing fee to the Commission so
that they will be received no later than March 1
Of course,
you are also able to establish compliance in in the same manner as a regular
attorney in South Carolina, by attending and reporting sufficient accredited
CLE courses to satisfy South Carolina CLE requirements.
[Back to Top]
54. 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-LEPR-SA/MH requirements?
Answer:
Yes. You can satisfy the annual South Carolina MCLE
and LEPR requirements by complying with the MCLE requirements in Georgia.
In other words, if you are an active member in good standing of the Georgia
Bar, residing and practicing in Georgia, you can satisfy your South Carolina 2020-2021
MCLE-LEPR requirements by showing that you were in
compliance for the 2020 Georgia reporting year. You must be in compliance in Georgia by
the South Carolina deadline of March 1.
Additionally, effective May 1, 2019, at least once every two (2)
annual reporting years, you must complete and report one (1) hour of
instruction devoted exclusively to substance abuse, mental health issues, or
stress management and the legal profession (SA/MH). To establish compliance with the two-year South Carolina SA/MH requirement, you must
provide to the Commission a copy of the agenda of the program which you report
for SA/MH credit. The course should
be listed on the compliance report and include the date, course sponsor, course
name, and the credit for the course.
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 CLE
compliance report;
• Sign the South Carolina CLE compliance report
• Mail these documents along with a $50 filing fee to the Commission so that
they will be received no later than March 1
Of course, you are also able to establish compliance in
in the same manner as a regular attorney in South Carolina, by attending and
reporting sufficient accredited CLE courses to satisfy South Carolina CLE
requirements.
[Back to Top]
55. I need
copies of my past CLE compliance reports.
Where can I find them?
Answer:
To obtain copies of your
previously filed CLE compliance reports (for the last ten CLE reporting years),
you can access the Check MCLE Credits link on
the Commission's website and enter your AIS Username and Password. When you see the detail of your current MCLE information, you can print the reports by choosing the
link for the desired reporting period.
Or, please call 803-799-5578 or email the Commission at commcle@bellsouth.net for further assistance.
[Back to Top]
56. What is the fee to
submit a Uniform Application for Approval of CLE activity to the Commission for
MCLE-LEPR-SA/MH approval in
South Carolina?
Answer:
Click here to access a list of the 2020 Accredited
Sponsors in South Carolina.
Any CLE sponsor included in the list of the Commission’s Accredited
Sponsors does not require an application fee to be submitted along with the Uniform Application for Approval and required attachments.
If an individual attorney attendee would like to submit an
Uniform Application for Approval to have the Commission
review and approve a course which is presented by a CLE sponsor that is not
included on the Accredited Sponsor List,
the application fee is $25.00 per course.
If a CLE sponsor of a course would like to submit an
Uniform Application for Approval to have the Commission
review and approve a course, and that sponsor is not an Accredited Sponsor, the application fee is
$75.00 per course. Please note that
all alternatively delivered courses (online, on-demand, and teleconference
courses) must be pre-approved by the Commission, before the course
presentation, in order to obtain SC CLE accreditation. Live, in-person courses can be approved
after the course has been presented.
Physical address: 950 Taylor Street,
Suite 120, Columbia, SC 29201
Mailing address: P.O. Box 2138,
Columbia, SC 29202
Telephone: 803-799-5578; Fax:
803-799-5671; Email: commcle@bellsouth.net