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Posts Tagged ‘mandatory CLE’

If a petition submitted last year by Nevada’s Board of Governors is approved by the state supreme court, it’s going to cost lawyers a wee bit more money to practice in Nevada. Currently, Nevada lawyers are obligated to complete 12 hours of annual continuing legal education to keep their licenses. But if the state bar’s governing board has its way, a 13th hour will be tacked on to the annual requirement.

At an average cost of $40 per credit hour, this means that the 5th highest cost to practice mandatory bar in the U.S. will just be that much more expensive. Nevada will top out at just over $1,000 per year between mandatory annual fees of $490 and soon, 13 hours of mandatory continuing legal education.

The original petition asked that of the current 12 required hours of continuing legal education, 1 CLE credit be mandated in the area of “substance abuse, addictive disorders and/or mental health issues that impair professional competence.” Somewhere along the way, however, there was an increase in the total hours required. It became a petition that increases annual mandatory hours from 12 to 13 with the new required hour in the aforementioned areas.

Petition ADKT 0478 was filed with the Nevada Supreme Court in January 2016 with oral argument last June. Unfortunately, the chance to either complain or to applaud has come and gone. It’s only a matter of time now for the Court to issue its Order for ‘lucky’ No. 13. To quote Hank Jr., “It’s all over but the crying.”

Gobsmacked.

I really must crawl out from under my desert boulder. How did this newest imposition, this latest cost to practice burden slip past? The gobsmacking news came by way of the Nevada Bar’s “Message From The President” in the April 2017 Nevada Lawyer magazine.

I rarely read the dull bar magazine except for checking the Bar Counsel Report each month to see if anyone I know has been pierced by the sword of lawyer discipline. For some reason, I read Nevada Bar President Bryan Scott’s presidential epistle in April where he briefly mentioned the mandatory bar bureaucracy’s latest ‘feel-good’ do-something impediment. Scott also helpfully offered that “Supplementing this petition, the state bar has enhanced its curriculum to ensure attorneys have access to quality CLE programs related to these important topics.” Well, that’s no surprise. CLE is big business for state bars.

To be fair, in reply to my ‘ how dare you’ email query, Scott said, “We did not do this as a money-making venture. In fact, should the Court issue an order, we expect to offer a CLE on this topic at no charge.” Let’s see how long that lasts.

No proof CLE does anything.

I won’t paraphrase Roger “Verbal” Kint but the greatest trick ever pulled was convincing the legal establishment that forcing lawyers to take continuing legal education classes would make them more competent, more ethical, more professional or in the latest wrinkle in Nevada — more sober. The fact is there’s never been empirical proof that CLE delivers more competency, ethics, professionalism — or sobriety. As a matter of fact, there isn’t even the most rudimentary form of subject matter assessment since CLE participants are never tested to see what they have learned. The testing demands are greater getting a speeding ticket dismissed via a defensive driving course.

As for tutoring the trait of improved sobriety, the petition does a terrible job of explaining why a mandatory CLE in abuse, addiction and mental health issues is necessary. To be fair, there’s a talking point Scott sent that mentions studies from the 80’s that “have shown a connection between the legal profession and higher rates of mental health issues and related addictive disorders.” The same reference adds that “In February of this year, a more definitive study was released showing attorneys display addiction levels of dependent drinking at 20.6 percent as compared to 11.8 percent of a generally highly educated workforce.”

If that’s true, the rest of the population is in even worse shape. Should the Nanny State start requiring everybody take a class in sobriety? According to a Newsweek report, 30 percent of Americans have had an alcohol-use disorder. Citing a study published in the journal JAMA Psychiatry, the article states: “America has a drinking problem, and it’s getting worse. A new study shows that 32 million Americans, nearly one in seven adults, have struggled with a serious alcohol problem in the last year alone. It gets worse if you look at numbers across people’s entire lives: In that case, nearly one-third have suffered an “alcohol-use disorder.”

https://cdn.someecards.com/someecards/usercards/630ae40facf324702bf98d936c73f348eb.pngBut even if you take at face value that lawyers are worse on substance abuse/mental health than the rest of the population, where’s the proof a one-hour class does anything to fix the problem? Then again, if there’s one thing lawyers are good at is reaching their conclusions.

So appropriately, under “Conclusion,” the petition jumps to the conclusion that because the board of governors’ purposes include “upholding the honor, integrity, professionalism and dignity of the profession of law and the enhancement of the professional competence and ethical conduct of members of the bar . . . mandatory education in abuse, addiction and mental health is necessary.” And it’s also “essential to public protection.”

More lawyer shape-shifting in the offing.

In September last year, the Florida Supreme Court approved a rule amendment granting Florida the dubious distinction of being first to require lawyers to take at least three hours of CLE in an approved technology program as part of the 33 total hours of CLE that Florida lawyers are forced to take over a three-year period. More than half the states have adopted the duty of technology competence for lawyers. It’s only a matter of time before other jurisdictions follow Florida and start demanding mandatory CLE in technology courses, too.

The ABA is the organization we have to ‘thank’ for these new recommended mandates, including mandatory substance abuse CLE. And it now has one more recommended lawyer transformation encumbrance in the works. Be on the look out for mandatory diversity continuing legal education.

Not satisfied with approving a new diversity policy for itself directing its ABA CLE program panelists be diverse, last June the ABA passed Resolution 107.  It asks “licensing and regulatory authorities that require MCLE to make diversity and inclusion programs a separate credit, but without increasing the total number of hours required.”

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Photo credit: “Surprise,” by Erik Cleves Kristensen at Flickr Creative Commons attribution license; “the view from below” by David Long at Flickr Creative Commons attribution license.

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In April, the Nevada State Bar’s Board of Governors blast emailed members a third-party confidential survey asking for their “opinion on the CLE and annual license fee exemptions currently offered to members older than 70.” The survey is apparently driven by proponents who want to eliminate that age exemption. Others want it left in place. Will the survey decide the matter? I rather doubt it. In any case, the results are supposed to be published online and/or in the Nevada Bar’s magazine.

Currently, there are 412 Nevada lawyers age 70 or older actively practicing. But those silver legal eagles better start worrying. Once the age exemption is eliminated, those 412 lawyers, representing less than 5% of Nevada’s 8,818 active lawyers, will each sustain about $1,000 in new higher annual costs to practice.

https://upload.wikimedia.org/wikipedia/commons/thumb/6/62/H_Pierre_Am_richtigen_Fleck.jpg/335px-H_Pierre_Am_richtigen_Fleck.jpg

Base annual dues in Nevada are presently $450. In addition, there’s a separate yearly $40 paid to the Nevada CLE Board. This amounts to $490 in total mandatory annual fees. And with the average cost of an hour’s worth of Bar CLE at about $45 multiplied by a mandated 12 annual CLE hours — tack on another $540 to the annual tariff. Wine may improve with age — but not it seems the bottom line for Nevada’s older lawyers.

As far as the Bar’s concerned, however, the news would be positive. Assuming the 412 septuagenarian lawyers satisfy their CLE requirements through the Bar, the projected fiscal impact for the Nevada Bar will to the sunny side of potentially over $400,000 in higher annual revenues based on the infusion of new dues-payers and CLE potentially totaling $1030 in fees X 412 active senior Nevada attorneys.

Right now, millenials outnumber the 75.4 million Baby Boomers in the U.S. But the bad news for those 18 to 34 year olds is that many Boomers aren’t retiring. So as Baby Boomers, including lawyers, continue working past retirement age, it’s not surprising that mandatory bars are trending toward revoking senior lawyer age exemptions. After all, the bureaucratic maw must be fed. As Oscar Wilde said, ‘the bureaucracy expands to meet the needs of the expanding bureaucracy.’

Holidays 496Some mandatory bars like the State Bar of Arizona eliminated their age exemptions years ago. As a matter of fact, in the Grand Canyon state, aging lawyers who take retirement status still pay bar dues. The only way to stop paying is to resign in good standing or to rest in peace beneath the ground. And in Texas, on April 28, 2015, the Texas Supreme Court amended its Bar Rules to eliminate its longstanding MCLE exemption for so-called emeritus attorneys, those aged 70-years and up.

Understandably, it’s a bit unseemly to ascribe money grasping reasons to these moves. So look instead for overused policy dodges dressed up in public protection apparel to justify eliminating the age exemptions. Doddering dinosaur lawyers who fail to keep abreast of the law may pose risks to consumers is how the argument goes. But unfortunately for proponents, there’s never been proof or any empirical evidence that continuing legal education makes lawyers of any age more competent, professional or ethical.

https://upload.wikimedia.org/wikipedia/commons/thumb/3/33/A_jolly_dog.png/163px-A_jolly_dog.pngIt seems “Wisdom doesn’t automatically come with old age,” according to the late Abigail Van Buren. “Nothing does – except wrinkles. It’s true, some wines improve with age. But only if the grapes were good in the first place.”

Finally, paraphrasing Francis Bacon, “Age appears to be best in four things; old wood best to burn, old wine to drink, old friends to trust,” — and for mandatory state bars, old lawyers to tax.

 

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Wyoming State Bar

Wyoming Bar Members and Guests (registration required)

Running an Efficient Law Firm (webinar)

July 27, 2016
12:00 – 1:00 p.m.
Click here for a description of the program, speaker bio and to register.

Cost: FREE

CLE Credit: 1 credit

PRE-REGISTRATION IS REQUIRED

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Wyoming Casemaker: A Complete Guide (webinar)

August 9, 2016
12:00 – 1:00 p.m.
Click here for more information and to register.

Cost: FREE

CLE Credit: 1 credit

PRE-REGISTRATION IS REQUIRED

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Laws, Rules and Practices Governing OSHA Activities (webinar)

August 25, 2016
12:00 – 1:00 p.m.
Click here for a description of the program, speaker bio and to register.

Cost: FREE

CLE Credit: 1 credit

PRE-REGISTRATION IS REQUIRED


Lawyer Fitness 101 (webinar)

August 26, 2016
12:00 – 1:00 p.m.
Click here for a description of the program, speaker bio and to register.

Cost: FREE

CLE Credit: 1 credit

PRE-REGISTRATION IS REQUIRED


Going Long on Oil and Gas: Estate Planning Tools to Maximize Mineral Interests (webinar)

October 4, 2016
12:00 – 1:00 p.m.
Click here for a description of the program, speaker bio and to register.

Cost: FREE

CLE Credit: 1 credit

PRE-REGISTRATION IS REQUIRED


Shared Custody Arrangements in Wyoming: A Challenging (and Challenged) Proposition (webinar)

Sponsored by the Children & Family Law Section

October 19, 2016
12:00 – 1:00 p.m.
Click here for a description of the program, speaker bio and to register.

Cost: FREE

CLE Credit: 1 credit

PRE-REGISTRATION IS REQUIRED


The New Era of Proportionality (webinar)

November 11, 2016
12:00 – 1:00 p.m.
Click here for a description of the program, speaker bios and to register.

Cost: FREE

CLE Credit: 1 credit

PRE-REGISTRATION IS REQUIRED

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Lexis Nexis University

Your Library is Your Portrait: Using Technology to Improve Accessibility and Effectiveness

  • Class Type: On-Demand Training
  • Product: LexisNexis® CLE and CPE
  • Run Time: 66 Minutes
  • FREE

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You are not Going to Believe This!: Deception, Misdescription, and Materiality in Trademark Law

  • Class Type: On-Demand Training
  • Product: LexisNexis® CLE and CPE
  • Run Time: 60 Minutes
  • FREE

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Credits: “Men of the Day No. 732: Caricature of Mr James Lennox Hannay. Caption read “Marlborough Street” by Spy in Vanity Fair, 22 December 1898, via Wikimedia Commons, public domain;”Am richtigen Fleck. Signiert. Öl auf Leinwand” via Wikimedia Commons, public domain; “A jolly dog,” by Currier & Ives, via Wikimedia Commons, public domain.

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(1) there’s no empirical support that mandatory continuing legal education enhances lawyer competency or professionalism and;

(2) the state bar has a financial interest in CLE marketing.

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