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Minimum Continuing Legal Education
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MCLE Rules

MCLE Guidelines Adopted by the MCLE Board

  • 18-203(B(1-8)). Law Practice Management
    The New Mexico MCLE Board, when reviewing courses for approval, uses the following guidelines for law practice management courses:

    • A: Courses Approved: Material addressing financial dealings with clients are approved, including case management, procedure for conflict of interest checks, communication with clients, monitoring deadlines for ongoing cases, billing practices, trust accounts, and anti-discrimination, ADA, sexual harassment law and policies. Training in new technology as it relates to these client-centered topics is given credit.
      Examples of approved content are: Case Management, Conflict of Interest check procedure, Communication with clients, Monitoring deadlines re: ongoing cases, Billing practices,Trust accounts, Anti-Discrimination, ADA, sexual harassment law and policies, and Financial dealing with clients.
    • B: Courses Denied Credit: Internal management topics are not given credit, including training on equipment and new technology that is not substantive. Materials addressing the profitability of the firm, compensation for attorneys and staff, personnel matters (except legal issues), and marketing of the firm will not be given credit.
      Examples of denied content are Profitability of firm, Compensation for attorneys or staff, Personnel matters (except legal issues), Marketing of firm, Internal management re: training on equipment and new technology that is not substantive.

      Law practice management courses often relate to the participant’s professional competence as an attorney. Some law practice management courses, however, lack the substantive value required by the rule.

  • 18-301(C): Credit Submission Deadline
    Denial of credits is permitted for credits not submitted within the compliance year earned. As of May 1 each year credits for the previous compliance year should be submitted. Any credit submission received after May 1 for the previous compliance year is denied.

    • A: Defining Minutes of Instruction: When calculating New Mexico credit hours, minutes of instruction should only include actual instruction time, including lecture, panel discussion, questions and answers, and video, or audio presentation. CLE credit will not be given for introductory remarks (unless the subject matter is delineated and the faculty mentioned), breaks, business meetings, meals and speeches in connection with meals, law school courses which lead to a degree, bar review courses, course on law firm marketing and making money or activities less than 60 minutes in duration.
    • B: On-line Legal Research Training: It is the policy of the New Mexico MCLE Board to approve On-line Legal Research training for only live, supervised classroom settings.  Classroom setting is defined as a location outside of the attorney’s office. Therefore, individual training in an attorney’s office is not approved for CLE credit. Additionally, individual legal research tutorials are not approved for self-study credit either. (As adopted by MCLE Board 2/4/00)
    • C: Maintaining Accredited Provider Status:
      1. All continuing legal education activities of an accredited provider which meet NM MCLE Rule 18-203 entitle any member participating in the continuing legal education activity of that provider to receive credit.
      2. A provider of continuing legal education will maintain accredited provider status from the New Mexico MCLE Board (the Board) if the following requirements are met and maintained:
        A. The provider must have as one of its primary functions the provision of quality continuing legal education activities to attorneys.
        B. The provider must have designated staff or an ongoing educational program committee, whose duties include ensuring the quality of its courses, understanding the NM MCLE rules and requirements, reporting attendance, submitting required fees and notifying MCLE of future programs.
        C. The accredited provider must pay an annual accredited provider fee of $50.00.
        D. An accredited provider must submit an electronic copy of course information in advance whenever possible so that the information can be added to the MCLE searchable online course offering database. Course information should be sent to mcle@nmmcle.org.
        E. E. An accredited provider shall also meet all the requirements and duties set forth NM MCLE Rule 18-203.
        F. An accredited provider must produce and present at least five (5) courses per year, and must have at least a total of 50 New Mexico attorneys attend such courses each year.
      3. The MCLE Board reserves the right, at any time, to establish requirements for accredited provider status. A provider who does not meet these requirements may be denied or lose accredited provider status.

  • 18-204(D): Approval for Teaching and Preparation Credit
    Credits are not approved for teaching and preparation time if the teaching is presented in the course of one’s employment, specifically if the teaching is part of your employment. (As adopted by MCLE Board 10/6/00)
    Teaching and preparation credits reported by course providers and attorneys are approved for a 1:3 ratio. For every one (1) hour of teaching, up to three (3) hours of preparation credit can be earned.
    For example: If you teach for 60 minutes, then you will earn 1 teaching credit, and you can request up to 3 credits for preparation. The teaching and preparation total would be 4 credits.

    This ratio is separate from actual attendance. If a speaker attends a portion of the course he or she is not teaching, then attendance credits may be reported as normal.

    As a reminder, teaching and preparation credits are earned only if the course is an approved program by MCLE, or is conducted by an accredited provider. Teaching credits may be earned for repeated presentations, but not for preparation time. (As adopted by MCLE Board 2/2/01)

    A chairperson or moderator for a course cannot receive teaching or preparation credits if not actually teaching a segment on the agenda.   (As adopted by MCLE Board 12/8/00)

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