MCLE ADMINISTRATION REQUIREMENTS

Recordkeeping

Providers need to keep these types of MCLE records:

  • Record of Attendance (ROA): Providers must take attendance using the State Bar’s Record of Attendance Form (for electronically transmitted activities, a signature is not required). Attorneys must sign in with their name, bar numbers and signatures. Providers must keep all records, including the Records of Attendance, agendas, copies of written materials and promotional materials (if any) for four years from the date the program is held.
  • Evaluation Form: Providers must make Evaluation Forms available to all attorneys. If any of the forms are filled out and returned to you, you must keep them for one year from the date the program is held.
  • Certificate of Attendance (COA): Providers must hand out a Certificate of Attendance to each attendee that completed a participatory MCLE activity (it is preferred that the top portion of the Certificates of Attendance are pre-printed). Providers must fill out the top portion of the certificate. Providers do not need to keep copies of the Certificates of Attendance.

Providers may create and use their own Record of Attendance, Certificate of Attendance and/or Evaluation Forms. Each form must include the same fields found on the samples available on the State Bar website. Providers should not send activity records to the State Bar unless specifically requested to do so. Attorneys must keep their Certificates of Attendance and report their MCLE compliance to the State Bar of California.

If the State Bar audits an attorney, it may request the copies of his/her certificates. To verify that the attorney’s name is on a provider’s Record of Attendance, an auditor will look at the certificate to find contact information for the provider and you may be contacted.

Advertising an MCLE activity

Providers also need to understand the requirements regarding listing or advertising an MCLE activity:

  • A program cannot use the MCLE approval statement until an application or the program has received approval. A provider may state that an activity is "pending" approval in between the time an application is submitted and before a decision has been made.
  • Rule 3.601 (C) requires that promotional materials state that the activity is approved or approval is pending, specify the amount of credit offered, and the amount, if any, of subfield credit.
  • If an individual education program is denied, the provider must immediately delete any MCLE statement from all materials to be distributed after the denial and inform participants of the denial at the beginning of the program.
  • In-house promotional materials must contain the information required by Rule 3.601 (C) (that the activity is approved or approval is pending, the amount of credit offered, and the amount of subfield credit, if any). However, not all in-house materials must contain the approval statement, for example, a reminder memorandum does not have to contain this information.

Additional administration information

Here is some additional information for providers:

  • Providers are strongly discouraged from co-sponsoring MCLE activities.
  • If you need to make any changes to the entity name, address, or contact person, contact the department that handles MCLE providers at providers@calbar.ca.gov.