Tuesday, September 06, 2011

205:7 Continuing Legal Education Obligations of Certified Attorneys.

205:7 Continuing Legal Education Obligations of Certified Attorneys.

(a) General Requirements. [Except as set forth in paragraph (b) below,] C[c]ertified

attorneys shall satisfy their continuing legal education obligation required under

this Regulation by completing a minimum of [fifty] sixty [hours]credits of CLE

programs that are directly related to the designated area of practice covered by the

attorney's certification and that have been approved for accreditation by the Board

on Continuing Legal Education for CLE credits. [An "hour" of continuing legal

education shall include only time spent in instruction; meals and recess periods

are specifically excluded.] Attorneys who are certified in more than one area of

practice must fulfill a minimum of [75] 90 [hours] credits of continuing legal

education in their area of specialty certification. Those courses taken in

ethics/professional responsibility and professionalism in fulfillment of the

mandatory continuing legal education requirement can be included in the sixty

credits required under this Regulation.

[Among the types of educational involvement the Board, in its discretion, will

consider are:

(1) Programs directly related to improvement of litigation skills in the

designated area of practice;

(2) Substantive courses in the area of law in which the certified attorney

conducts litigation as part of his or her practice;

(3) Teaching or lecturing in programs of study for attorneys in the designated

area of practice;

(4) Participating as a panelist in or speaker at seminars, symposia, or lecture

programs on aspects of the designated area of practice;

(5) Authorship and publication in the designated area of practice;

App. A-19

(6) Active participation in American Bar Association, New Jersey Bar

Association, specialized Bar functions, and Supreme Court Committees

dealing with specific substantive or procedural law issues in the

designated area of practice;

(7) Active participation in the work of a professional committee dealing with

a specific problem of substantive or procedural law in the designated area

of practice;

(8) Inns of Court programs;

(9) "In-house" courses taught by a certified attorney;

(10) At-home or in-office viewing of video tapes and the analogous use of

audio tapes of pre-approved continuing legal education programs, but only

up to 50% of the continuing legal education requirement. If the video- or

audio-taped course was not approved for continuing legal education credit

when it was presented live, the Board may, in its discretion, decline to

give the applicant credit for the course; and

(11) Such other educational involvement as the Board may, in its discretion,

deem appropriate.

An applicant's involvement in activities covered by paragraphs (6) and (7), above,

cannot cumulatively account for more than 33% of the applicant's total CLE

requirements for recertification.

Certified attorneys may satisfy their educational obligations by attending a

combination of courses in the certified area of practice. At least thirty-five of the

fifty required continuing legal education credit hours must be in courses that

relate to the attorney's certified area of practice. The balance of the credit hours

may be in the area of general trial or litigation skills or in cross-over courses.

Cross-over courses are those courses taken in other areas of practice covered by

the certification program, such as, for example, criminal courses taken by civil

trial attorneys or civil courses taken by criminal trial attorneys.]

(b) The Board shall evaluate attorney involvement on a case-by-case basis. The

Board will review and may approve, on a case by case basis, educational

activities that have not been accredited under the mandatory continuing legal

education program that relate to the applicant’s practice an specialty. The Board

reserves the right to require an applicant to submit additional information on any

program, including but not limited to, copies of the written materials and a list of

the instructors, to determine its applicability to the area of specialty certification

sought. Failure to comply with this Regulation is grounds for revocation of the

attorney's certification or for a refusal to recertify that attorney.

App. A-20

[(b)](c) Matrimonial Law Requirements. The certified matrimonial law attorney must

demonstrate that he or she has completed no fewer than 75 hours of continuing

legal education programs, which must include satisfying the following:

(1) Not less than thirty (30) of the required [hours] credits must be satisfied by

completion of approved educational programs in the areas of dissolution

of marriage, child support, spousal support, or modification of support,

contempt or enforcement, equitable distribution or property division, or

taxation issues incident to dissolution of marriage or matters addressed by

the Prevention of Domestic Violence Act.

(2) Not less than twelve (12) of the required [hours] credits must be satisfied

by completion of approved educational programs in the area of custody of

children.

(3) Not less than six (6) of the required [hours] credits must be satisfied by

completion of approved educational programs in the area of evidence.

(4) Not less than six (6) of the required [hours] credits must be satisfied by

completion of approved educational programs in the area of mediation,

complimentary dispute resolution, psychological and counseling aspects of

dissolution of marriage.

[(5) Not less than six (6) of the required hours must be satisfied by completion

of approved educational programs in the area of professional

responsibility.

(6) As with initial certification, for each approved continuing legal education

course taught the applicant is entitled to receive an additional one hour for

preparation time for each hour of the course.]

(5) Those courses taken in ethics/professional responsibility and

professionalism in fulfillment of the mandatory continuing legal education

requirement can be included in the 75 credits required under this

Regulation.