CONTINUING LEGAL EDUCATION
The purpose of continuing legal education is to maintain or sharpen the skills of licensed attorneys and judges. Accredited courses examine new areas of the law or review basic practice and trial principles. Programs for continuing legal education are sponsored by state, local, and federal bar associations, law firms, law schools, and groups such as the AMERICAN BAR ASSOCIATION (ABA) and the American Law Institute.
Continuing legal education is mandatory in
40 states; voluntary programs are offered in the
remaining 10. Courses are approved by state
boards that oversee continuing education. In
states with mandatory continuing legal educa-
tion, attorneys receive credits for attending lec-
tures and seminars taught by respected
attorneys, judges, and scholars. The courses
cover a variety of topics involving virtually all
areas of practice.Written program materials are
usually included as part of the tuition fee.
A 1974 informal poll conducted by state and
local bar associations revealed widespread sup-
port for compulsory continuing legal education.
The measure was favored to ensure professional
competence and to improve the public image of
lawyers. Supporters believed that continuing
legal education would reduce the number of
LEGAL MALPRACTICE suits, keep lawyers
updated on important changes in the law, and
improve the representation of clients. A year
later, in 1975, Minnesota became the first state
to adopt mandatory continuing legal education.
The Minnesota Legislature appeared ready to
take over the administration of continuing legal
education; the Minnesota Supreme Court, how-
ever, preferred judicially mandated education,
and took appropriate steps to institute it. The
court ordered all Minnesota lawyers and judges
to complete 45 hours of post-admission legal
education every three years.
The Code of Professional Responsibility
adopted by every state maintains that lawyers
must remain proficient in their work. Continu-
ing legal education is one way to achieve profes-
sional competence. Other professions such as
medicine, education, and accounting also
require continuing education. Beginning in the
1990s, states added specific content require-
ments. For example, Minnesota requires that in
each reporting cycle attorneys must take three
hours of ethics-related coursework and two
hours of coursework related to the elimination
of bias in the legal profession. The state of Cali-
fornia requires attorneys to take one hour per
reporting cycle of coursework on the prevention
and detection of substance abuse.
The delivery of continuing legal education
has changed over time. Although most pro-
grams are presented at the local level, many
providers now videotape sessions and replay
them at a variety of sites around a state. This
allows attorneys in rural areas and more remote
locations to earn their credits locally. In addi-
tion, national providers such as the ABA pro-
duce seminars that are delivered through
satellite transmissions to cities around the
United States.
In most states where continuing legal educa-
tion is required, nonpracticing lawyers may elect
to be on restricted status. This means they can
maintain their law license but do not have to ful-
fill continuing education requirements. Some-
times hardship or MITIGATING CIRCUMSTANCES
exempt practicing attorneys from a continuing education requirement.
FURTHER READINGS
MacCrate, Robert, ed. 1992. Legal Education and Professional Development: An Educational Continuum. St. Paul, Minn.:West.
Sheran, Robert J., and Laurence C.Harmon. 1976.Minnesota Plan: Mandatory Continuing Legal Education for
Lawyers and Judges as a Condition for the Maintaining of Professional Licensing. Reprinted in Fordham Law
Review (May).
Tamayo-Calabrese, Macarena, Annette Cook, and Shirley Meyer. August 2002. “Continuing Legal Education in
the United States.” Issues of Democracy. Available online at
CROSS-REFERENCES
Legal Education.
