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
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
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:
||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.
||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:
||The provider must have as one of its primary functions the
provision of quality continuing legal education activities to attorneys.
||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.
||The accredited provider must pay an annual accredited provider fee of $50.00.
||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 email@example.com.
||E. An accredited provider shall also meet all the requirements and duties set forth NM MCLE Rule 18-203.
||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.
||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.
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)