The Missouri Bar
MCLE

Supreme Court Rule 15
Rules Governing the Missouri Bar and the Judiciary - Continuing Legal Education

At the present time, amendments to the professionalism, ethics and malpractice education requirements of Rule 15.05(e) and Rule 15.05(f) are under consideration by the Supreme Court of Missouri. If the Supreme Court approves amendments to the requirements, the changes will be publicized in Missouri Bar publications and on The Missouri Bar website.

Rule 15.01 Definitions

As used in this Rule 15 the following terms mean:

(a) "accredited program or activity", a program or activity accredited by The Missouri Bar;

(b) "board", the Board of Governors of The Missouri Bar;

(c) "committee", the Supreme Court Committee on Minimum Continuing Legal Education;

(d) "credit hour", at least fifty minutes of instruction or the equivalent;

(e) "lawyer", a member of The Missouri Bar except lawyers paying an annual enrollment fee pursuant to Rule 6.01(e)(3);

(f) "reporting year", the twelve months between July first of one year and June 30th of the following year.

(Adopted effective July 1, 1988. Amended October 18, 1988, effective November 1, 1988.)

Rule 15.02 Minimum Continuing Legal Education Committee -- Membership -- Tenure -- Organization -- Duties [Repealed]

(Repealed June 21, 1991.)

Rule 15.03 Duties of The Missouri Bar

The Missouri Bar shall:

(a) Exercise general supervisory authority over the administration of this Rule 15;

(b) Accredit programs and activities and sponsors that satisfy the requirements of this Rule 15;

(c) Foster and encourage the offering of accredited programs and activities;

(d) Report at least annually to this Court and the committee concerning the status of minimum continuing legal education in this state;

(e) Fund the administration of this Rule 15 through enrollment fees paid by members of The Missouri Bar; and

(f) Promulgate regulations necessary to implement this Rule 15. The regulations shall be consistent with the provisions of this Rule 15 and shall become effective sixty days after submission unless disapproved by this Court. This Court may promulgate, amend, revise, or rescind any regulation. Copies of this Rule 15 and the regulations thereto shall be published in a publication of general distribution to all lawyers and shall be furnished to interested parties upon request.

(Adopted effective July 1, 1988.)

Rule 15.04 Accreditation of Programs, Activities and Sponsors

(a) The Missouri Bar may designate a sponsor of continuing legal education programs or activities as an "accredited sponsor" if the sponsor has substantial recent experience in offering continuing legal education or a demonstrable ability to organize and effectively present continuing legal education programs and activities.

(b) A program or activity may be an accredited program or activity if it directly contributes to the professional competency of lawyers or judges and has significant intellectual or practical content related to the development or practice of law, professional responsibility, or law office management.

(c) A program or activity offered by an accredited sponsor shall be an accredited program or activity. Continuing legal education programs and activities of identified sponsors may be accredited programs and activities if so designated by The Missouri Bar. Self-study, videotape, audiotape, or other similar programs or activities may be accredited programs and activities if so designated by The Missouri Bar.

(Adopted effective July 1, 1988.)

Rule 15.05 Continuing Legal Education Requirements

(a) After July 1, 1988, each lawyer shall complete and report during each reporting year at least fifteen credit hours of accredited programs and activities. Credit hours of accredited programs and activities completed pursuant to subdivisions (e) and (f) of this Rule 15.05 may be used to fulfill the requirements of this subdivision (a). Not more than six other credit hours may consist of self-study, videotape, audiotape or other similar programs or activities that are accredited programs or activities. A speaker at an accredited program or activity may receive credit for preparation time and presentation time. An author of written material published or to be published by an accredited sponsor or in a professional journal or as a monograph may receive credit for research time and composition time.

(b) A lawyer completing more than fifteen credit hours of accredited programs and activities during one reporting year may receive credit in the next succeeding reporting year for the excess credit hours. Credit hours for accredited programs or activities completed within six months before July 1, 1988, may be reported to comply with the provisions of this Rule 15 for the initial reporting year.

(c) A lawyer is not required to complete or report any credit hours in the reporting year in which the lawyer is initially licensed to practice law in this state except as provided in subdivisions (d) and (e) of this Rule 15.05. Any lawyer not an active judge who, during a reporting year, has neither engaged in the private practice of law in Missouri nor held himself out as an active practicing lawyer in Missouri shall not be required to complete or report any credit hours during that reporting year. Upon written application and for good cause shown, waivers or extensions of time of the credit hour or reporting requirements of this Rule 15 may be granted in individuals cases or classes of cases involving hardship or extenuating circumstances.

(d) A person seeking admission under Rule 8.10 shall, within twelve months prior to being issued a license, attend The Missouri Bar annual law update program or a continuing legal education program accredited as provided in this Rule 15 that has intellectual and practical content substantially equivalent to The Missouri Bar annual law update program. The person shall report the completion of this requirement to the board of law examiners as the board shall specify.

(e) Each lawyer who, after June 30, 1990, (1) is admitted to practice law; (2) has a license to practice law reinstated, except any license reinstated as a matter of course pursuant to Rule 6.01; or (3) becomes an active lawyer after previously declaring inactive status as provided in Rule 6.03, shall complete at least three credit hours of accredited programs and activities devoted exclusively to professionalism, legal or judicial ethics, or malpractice. Such programs and activities shall be completed within twelve months or the event requiring compliance with this Rule 15.05 (e). Completion of this requirement shall be reported to The Missouri Bar as specified by The Missouri Bar.

(f) Each lawyer shall complete at least three credit hours of accredited programs and activities devoted exclusively to professionalism, legal or judicial ethics, or malpractice prevention. Credit hours of accredited programs and activities completed pursuant to subdivision (e) of this Rule 15.05 may be used to fulfill the requirements of this subdivision (f). Such programs and activities shall be completed on or before June 30, 1993, and at least every three years thereafter. Completion of this requirement shall be reported to The Missouri Bar as specified by The Missouri Bar.

(g) Each judge of the family court division and each commissioner of the family court division shall complete not later than six months after designation or appointment a course of training in family law accredited by this Court's judicial education committee. This requirement shall be in addition to the requirements contained in Rule 15.05 (a), Rule 15.05(e), and Rule 15.05(f).

Each year thereafter, such judges and commissioners shall complete at least six hours of continuing legal education courses accredited by this Court's judicial education committee relating to family court issues and law. The hours completed on an annual basis may be used to fulfill the requirements of Rule 15.05(a)

Completion of the requirements of this Rule 15.05(g) shall be reported to The Missouri Bar as specified by The Missouri Bar.

This Rule 15.05(g) shall apply to all reporting years beginning on or after July 1, 1993. This Rule 15.05(g) shall not apply to judges who are temporarily transferred or assigned to family court divisions; however judges who have met the requirements of this Rule 15.05(g) shall be preferred for such transfers and assignments.

(h) Each lawyer who is a member of the general assembly may report in each reporting year credit for fifteen hours of continuing legal education for service during that reporting year's regular legislative session.  Such credit shall not include credit for programs required by Rule 15.05(f).

(Adopted effective July 1, 1988. Amended November 13, 1989; December 11, 1989; subdivision (g) adopted March 22, 1994 to apply to reporting years beginning on or after July 1, 1993. Amended December 17, 1996, effective July1, 1997; May 14, 1999, effective January 1, 2000.)

Rule 15.06 Reporting Requirements -- Sanctions -- Review

(a) On or before July 31st of each year after 1988, each lawyer shall report the number of credit hours of accredited programs or activities in which he participated in the preceding reporting year.

(b) Every lawyer failing to meet the requirements of this Rule 15 shall be notified by mail addressed to the lawyer's last known address. The notice shall be mailed not later than October first of each year. The notice shall advise the lawyer that he has not filed the required report or the required number of credit hours and that the lawyer, if subject to Rule 15, may file within thirty days of the date the notice was mailed information establishing compliance with this Rule 15. Within thirty days of the receipt of the information it shall be determined if the lawyer has participated in the required number of credit hours of accredited program or activities or if the lawyer is entitled to a waiver of the requirement or an extension of time to comply with the requirement. If it is determined that the lawyer has participated in the required number of credit hours of accredited program or activities, is entitled to waiver or is entitled to an extension of time, the lawyer shall be so notified within fifteen days of the decision.

(c) Every lawyer to whom a notice is sent pursuant to subdivision (b) of this Rule 15.06 shall pay a late filing fee of $35.00. Payment of this fee shall accompany the late-filed information establishing compliance with Rule 15. Failure to pay the fee shall be considered a failure to comply with the requirements of Rule 15. The fee collected pursuant to this subdivision (c) shall be paid to The Missouri Bar for deposit in the Advisory Committee Fund.

(d) Upon written request filed within fifteen days of the date of notice to the lawyer of the decision concerning compliance with this Rule 15, a hearing shall be granted within thirty days of the date of the request. The hearing shall be held before a panel of three lawyers appointed by the president of The Missouri Bar. The lawyer shall be sent notice of the hearing at least ten days prior to the hearing. At the hearing the lawyer may be represented by counsel, witnesses shall be sworn, and, if requested by the lawyer, a complete electronic record shall be made.

(e) Within fifteen days of the hearing it shall be determined if the lawyer has complied with this Rule 15. The lawyer shall be so notified with five days of the decision.

(f) On or before March 1, The Missouri Bar shall annually report to the clerk of this Court, the chief disciplinary counsel, and the Commission on Retirement, Removal and Discipline, as the case may be, the name of each lawyer not meeting the requirements of this Rule 15.  Every lawyer so reported is automatically suspended from the practice of law on the date the report is received by the clerk of this Court.  Any lawyer automatically suspended for failing to comply with this Rule 15 shall be retroactively reinstated as a matter of course upon certification to the clerk of this Court by The Missouri Bar that the lawyer is in full compliance with this Rule 15 within three years of the date of the lawyer's suspension and the payment of an additional $100 late fee.  The late fee shall be paid to The Missouri Bar for deposit in the Advisory Committee Fund.  Any lawyer not reinstated as a matter of course shall apply for reinstatement as provided in Rule 5.28.

(Adopted Dec. 3, 1986, eff. Jan. 1, 1987.  Amended Jan. 22, 1988, effective July 1, 1988; amended Nov. 13, 1989; Dec. 11, 1989; March 22, 1994; amended Dec. 17, 1996, eff. Jan. 1, 1997; May 14, 1999, eff. Jan. 1, 2000; amended eff. July 1, 2002; amended March 7, 2005, eff. July 1, 2005; amended March 1, 2006, eff. April 3, 2006.)

Rule 15.07 repealed by order dated January 22, 1988, effective July 1, 1988.