M. Bar R. 5

(a) Purpose.

To maintain public confidence in the legal profession and the rule of law,

and to promote the fair administration of justice, attorneys must be competent

regarding the law, legal and practice-oriented skills, the standards and ethical

obligations of the legal profession, and the management of their practices. The

purpose of minimum continuing legal education (MCLE) requirements is to

promote and sustain competence and professionalism and to ensure that

attorneys remain current on the law, law practice management, and technology

in our rapidly changing society. These rules establish minimum requirements

for continuing legal education, accreditation criteria, and compliance

procedures.

(b) Continuing Legal Education (CLE) Committee.

(1) The Board shall establish a CLE Committee to oversee the

administration of these rules. The CLE Committee shall review the

effectiveness and efficiency of the MCLE requirements and recommend

proposed changes or additions to these rules to the Board.

(2) The CLE Committee shall comprise three members of the Board

including two attorneys and one nonattorney public member. The Vice-Chair

of the Board shall serve as Chair of the Committee. The two remaining

members shall be appointed by the Board Chair.

(3) In addition to administering and interpreting these rules, the CLE

Committee shall have the following powers and duties:

(A) Monitor the availability and quality of programs for members of

the bar;

(B) Publish policy statements and regulations regarding programs,

credits, and the interpretation of the rules;

(C) Delegate course approval responsibilities and other functions

under this Rule to the Board staff; and

(D) Upon request, review any decisions denying approved status,

program accreditation, or computation of credits. The CLE Committee’s

determination on any such issue shall be final.

(c) MCLE Requirements.

(1) Every attorney with an active license to practice law in this

jurisdiction shall be required to earn a minimum of 12 MCLE credit hours per

calendar year. No more than five of the credit hours may be earned through

self-study programs as defined in Rule 5(h)(1)(B).

(2) As part of the required credit hours referenced in Rule 5(c)(1),

attorneys must earn at least one live credit hour in Ethics and Professionalism.

Qualifying Ethics and Professionalism topics include professional

responsibility, legal ethics, substance abuse and mental health issues, diversity

awareness in the legal profession, attorney wellness, and legal malpractice and

bar complaint prevention topics including client relations, law office and file

management, and client trust account administration. The credit hour required

by this section is separate from and in addition to the credit hour required by

Rule 5(c)(3).

(3) As part of the required credit hours referenced in Rule 5(c)(1),

attorneys must earn at least one in-person credit hour in the recognition and

avoidance of harassment and discriminatory communication or conduct

related to the practice of law as set out in the Maine Rules of Professional

Conduct. Qualifying topics include harassment or discriminatory

communication or conduct on the basis of race, sex, religion, national origin,

ethnicity, disability, age, sexual orientation, or gender identity. The credit hour

required by this section is separate from and in addition to the credit hour

required by Rule 5(c)(2).

(4) The credit hour required by Rule 5(c)(3) must be earned through

in person attendance, unless, in the discretion of the CLE Committee, for

demonstrated good cause shown, an attorney seeks and obtains prior approval

to attend a live presentation through live-streaming or other electronic

medium approved by the Committee. The CLE Committee’s determination may

include conditions mandating the CLE sponsor to ensure that participants will

be monitored throughout the program for active, contemporaneous

participation.

(d) Exemptions.

(1) The following individuals otherwise subject to this Rule are

exempted from its requirements:

(A) Full-time judges in any state, federal, or tribal court;

(B) Active retired state court judges and senior status federal court

judges;

(C) Full-time teachers in any law school approved by the American Bar

Association;

(D) Members of the armed forces of the United States who are on active

duty outside of this jurisdiction;

(E) Residents of another country unless they are actively practicing

law in this jurisdiction;

(F) Attorneys who have practiced 40 years or more, attained the age of

65 years, and are not engaged in the full-time practice of law;

(G) Legislators and members of Congress;

(H) Attorneys with active licenses to practice law in this jurisdiction

who maintain a principal office for the practice of law in another

jurisdiction that requires MCLE and who can demonstrate compliance

with the MCLE requirements of that jurisdiction;

(I) Nonresident attorneys who are temporarily admitted to practice in

this jurisdiction under pro hac vice rules;

(J) Attorneys serving as judicial law clerks;

(K) Emeritus attorneys; and

(L) Attorneys admitted for less than three months of the calendar year.

(2) New admittees to the Maine bar who complete an accredited new

attorney program that focuses on basic skills and substantive law during the

year in which they are admitted are exempt for that year and the following

calendar year.

(3) In the discretion of the CLE Committee, any individual may be

exempted from all or part of the requirements of this Rule upon a showing of

hardship or for other good cause shown pursuant to procedures to be

established by the CLE Committee. An exemption may not be granted in

successive years for the same or similar hardship.

(e) Reporting Period and Compliance.

(1) Attorneys subject to these rules shall complete the MCLE

requirements of Rule 5(c) in each calendar year. Attorneys who fail to meet the

MCLE requirement within the reporting period will be considered

noncompliant.

(2) On January 1st of each year, attorneys subject to these rules shall

demonstrate compliance with the requirements of these rules for the prior

calendar year.

(3) Each year, attorneys subject to these rules shall certify the accuracy

of their individual MCLE Annual Report Statement to the CLE Committee no

later than the close of business on the last business day of February.

(f) Accumulation and Computation of Credits.

(1) Credit hours will be awarded on the basis of one credit hour for every

60 minutes spent engaged in an accredited program, unless otherwise

specified.

(2) Credit hours will not be given for time spent on nonsubstantive

matters such as introductory remarks, breaks, or business meetings.

(3) The number of credit hours awarded to a program is the maximum

that may be earned for that program unless the attorney is a presenter. An

attorney may claim partial credit (a minimum of 30 minutes) for partial

attendance or completion of an accredited program.

(4) An attorney subject to these rules who makes a presentation at an

accredited program not offered for academic credit by the sponsoring

institution may earn two credit hours for every 30 minutes of actual

presentation for the accredited program if the attorney has prepared

substantial written materials—as defined by the CLE Committee—to

accompany the presentation. If substantial written materials have not been

prepared, the attorney will earn one credit hour for every 30 minutes of actual

presentation.

(5) An attorney who teaches a regularly scheduled law-related course

offered for academic credit at an accredited post-secondary educational

institution may earn six credit hours under this rule for every hour of academic

credit awarded by the institution for the course. An attorney who assists or

participates in such a regularly scheduled course will earn one credit hour for

every hour of actual participation, up to a maximum of six hours.

(6) An attorney subject to these rules who formally takes for credit or

officially audits a regularly scheduled course offered for academic credit at a

law school approved by the American Bar Association will earn four credit

hours under this rule for every hour of academic credit awarded by the

institution for the course, provided that the attorney attends at least 75% of the

classes in the course and, if enrolled for academic credit, receives a passing

grade.

(7) Each calendar year, attorneys may carry over up to 10 credit hours

to satisfy the requirements of the following year, provided that no more than

five of the credit hours may be earned through self-study programs as defined

in Rule 5(h)(1)(B). The mandatory live credit requirements of Rule 5(c)(2)

must be satisfied for each reporting period.

(8) During calendar years 2025 and 2026, an attorney may earn general

CLE credit hours at a rate of one (1) hour of credit for every three (3) hours of

pro bono publico service performed, with a maximum of three (3) credit hours

for pro bono publico service in each reporting period. Hours claimed must be

rounded down to the nearest quarter of an hour.

(A) As used in this rule, “pro bono publico service” means legal service

provided without fee or expectation of fee to a person of limited means.

To be considered for CLE credit hours, the pro bono cases must be

assigned by one of the following:

(i) An organization that receives funding for pro bono programs or

services from the Legal Services Corporation or the Maine Justice

Foundation;

(ii) The University of Maine School of Law Cumberland Legal Aid

Clinic;

(iii) Disability Rights Maine;

(iv) Immigrant Legal Advocacy Project;

(v) Legal Services for the Elderly;

(vi) Maine Equal Justice;

(vii) Pine Tree Legal Assistance;

(viii) Volunteer Lawyers Project; or

(ix) Any other organization recognized by the Board of Overseers

of the Bar as providing legal services to persons of limited means in Maine

without fee or expectation of fee.

(B) Attorneys seeking CLE credit for pro bono publico service shall

complete and return to the Board of Overseers of the Bar an “Application

for CLE credit for Pro Bono Publico Service” form prior to the end of the

CLE reporting period during which the services were provided. Such

application must include the following:

(i) The attorney’s name;

(ii) The attorney’s address;

(iii) The attorney’s bar number;

(iv) The name of the entity or entities that assigned the pro bono

case(s) and a brief description of the services provided;

(vi) A statement by the attorney of the number of pro bono publico

service hours that attorney has provided and the number of CLE credit

hours that the attorney is entitled to for that service; and

(vii) The attorney’s signature, verifying the accuracy of the

information in the application.

The following is a sample form for use under this subdivision of Rule 5:

APPLICATION FOR CLE CREDIT FOR PRO BONO PUBLICO SERVICE

__________________________________________________________________________________________

TO BE COMPLETED BY ATTORNEY

Attorney’s Printed Name:

Maine Bar Number:

Attorney’s Address:

Qualifying hours of pro bono publico service performed:

General CLE credit hours claimed (Divide number of qualifying pro bono publico

service hours by three (3) and round down to the nearest quarter of an hour. A

maximum of three (3) hours may be claimed.):

Name(s) of legal services provider(s) that assigned the pro bono case(s) and

brief description of the services provided:

By my signature below, I am verifying that I provided the number of hours of

pro bono publico service claimed and that I did so without fee or expectation of

fee. The CLE hours I am claiming credit for were earned during the current

reporting period.

IT IS A VIOLATION OF THE MAINE RULES OF PROFESSIONAL CONDUCT TO

CLAIM CLE CREDIT FOR PRO BONO PUBLICO SERVICE NOT ACTUALLY

PERFORMED.

Attorney’s Signature: Date:

(g) Standards for Accreditation of MCLE Programs.

(1) To be accredited, a program must meet the following standards:

(A) The program must have significant intellectual or practical content

designed to promote attorney competence and must deal primarily with

matters related to the practice of law, ethics and professionalism, or law

practice management.

(B) Interdisciplinary programs, if pertinent to an individual attorney’s

practice, will be considered on a case-by-case basis.

(C) Although written materials may not be appropriate for all courses,

they are expected to be utilized whenever possible. Written course

materials may be provided in paper or digital format, in advance or at the

time of the activity.

(D) Program presenters must be qualified with the necessary practical

and/or academic experience to teach the topics covered.

(E) The program must be presented in a suitable environment

conducive to learning.

(F) The program must last 30 minutes or longer.

(G) With the exception of certain self-study programs, the sponsor

must monitor the program for attendance and certify such attendance to

the CLE Committee.

(2) Notwithstanding the minimum requirements set forth in this Rule,

the following activities are not eligible for MCLE Credit:

(A) A meeting of a bar association, committee, section, or other entity

composed of attorneys, that is intended primarily to be a general

business meeting or work session as opposed to an MCLE program;

(B) A program that is intended primarily to market a product or service

to attorneys;

(C) A program that is intended primarily to attract clients;

(D) Discussions related to the handling of specific cases within a law

firm, corporate law department, governmental agency, or similar entity;

(E) A program that teaches nonlegal skills, general communication

skills such as public speaking skills, personal money management or

investing, general investment principles, career building, rainmaking, or

marketing or social media networking skills;

(F) Reviewing or reading legal articles, legal journals, or case

summaries;

(G) A course attended in preparation for admission to practice law in

any jurisdiction; or

(H) Any other course or activity deemed ineligible by the CLE

Committee.

(h) Credit Categories.

(1) An accredited program is either “live” or “self-study” depending on

the following criteria:

(A) Live programs. A program is “live” if it is a scheduled activity that

an attorney may attend in-person or via electronic medium in which the

presenters are available to all course attendees at the time the course is

presented, and all attendees can contemporaneously hear or see other

attendees’ questions as well as any responses and discussion. The

following programs qualify for live credit:

(i) “In-Person” – a CLE program with attendees in the same room as at

least one of the presenters;

(ii) “Satellite/Groupcast” – a CLE program broadcast to remote

locations (i.e., a classroom setting or a central viewing or listening

location);

(iii) “Teleseminar” – a CLE program broadcast via telephone to remote

locations (i.e., a classroom setting or a central listening location) or to

individual attendees via telephone lines;

(iv) “Moderated Video Replay” – a recorded CLE program, in the same

room as a qualified moderator who answers questions and facilitates

discussion;

(v) “Webcast/Webinar” – a CLE program broadcast via the internet to

remote locations (i.e., a classroom setting or a central viewing or listening

location) or to individual attendees; and

(vi) “Webcast/Webinar Replay” – a recorded CLE program broadcast via

the internet to remote locations (i.e., a classroom setting or a central

viewing or listening location) or to individual attendees with a qualified

commentator available to answer questions and facilitate discussion.

(B) Self-study Programs. The following programs may qualify for

self-study credit:

(i) “Independent Study” – viewing or listening to a pre-recorded

CLE audio, video, digital media, or other such programs;

(ii) “Authorship” – upon written request, attorneys may be

awarded ethics and professionalism credit hours each calendar

year for authoring or co-authoring written material that is

published in a legal periodical, journal, book, or treatise approved

by the CLE Committee; and

(iii) “Volunteer Service” – upon written request, attorneys may

be awarded up to three ethics and professionalism credit hours

each calendar year for their volunteer service as members of a

board, commission, or committee established by the Court or the

Board, which is primarily concerned with ethics or professional

responsibility. Credits may also be awarded to court-appointed

receivers and monitors.

(2) Accreditation Period.

(A) Accreditation of live programs expires at the end of the calendar

year of the date of accreditation.

(B) Accreditation of self-study programs is for a period of two years

from the date of the accreditation.

(i) Approved Sponsor Status.

(1) The CLE Committee may extend “Approved Sponsor” status to a

provider as set forth below:

(A) Application for Approved Sponsor Status. A sponsor may be

approved by submitting an Approved Sponsor Application and requisite

fee, together with evidence establishing to the satisfaction of the CLE

Committee that:

(i) the sponsor has been approved or accredited by an

accrediting authority established by court rule or statute in

another state; or

(ii) during the immediately preceding three years, the sponsor

has annually sponsored at least 10 live programs that comply with

the requirements for individual program accreditation under Rule

5(g)(1).

(B) Benefits of Approved Sponsor Status.

(i) An Approved Sponsor may indicate in promotional materials

that it is an “Approved Sponsor” by including the following

statement in those promotional materials: “[Sponsor Name] is an

Approved Sponsor, as recognized by the CLE Committee.”

(ii) Approved Sponsors pay a reduced application fee.

(iii) Programming presented by an Approved Sponsor is

presumptively accredited.

(iv) Approved Sponsors may elect to receive a quarterly invoice

for program accreditation.

(C) Revocation of Approved Sponsor Status. Approved Sponsor status

may be revoked by the CLE Committee if the reporting requirements of

these rules are not met or if, upon review of the sponsor’s performance,

the CLE Committee determines that the content or quality of the program

or program materials or the provider’s performance does not meet the

standards set forth in these rules. In such circumstances, the CLE

Committee shall mail the Approved Sponsor a 30-day notice of

revocation. The Approved Sponsor may request a review of such

revocation, and the CLE Committee shall act on the request within 90

days after receipt. The decision of the CLE Committee shall be final after

such review.

(j) Application Procedures for Program Accreditation.

(1) Each sponsor seeking accreditation of a program shall submit an

application, together with the requisite fee, at least 30 days prior to the

program date. A late fee will be assessed for untimely submissions.

(2) If the program sponsor chooses not to submit an application for

accreditation of a program, an individual attorney may submit an application,

together with the requisite fee, in advance of, but no later than 60 days

following the program completion date. A late fee will be assessed for untimely

submissions.

(k) Reporting CLE Credit.

(1) Sponsor Reporting. Sponsors of accredited programs shall submit

attendance rosters no later than 30 days following the program date in a

manner prescribed by the CLE Committee. A late fee will be assessed for

untimely submissions.

(2) Attorney Reporting.

(A) If an attorney has received program accreditation (see Rule

5(j)(2)), the attorney shall independently submit a certificate of

attendance no later than 30 days following the program completion date

in a manner prescribed by the CLE Committee. A late fee will be assessed

for untimely submissions.

(B) If a program has not been accredited (see Rule 5(j)(2)), the

attorney shall independently submit an application for accreditation and

a certificate of attendance, together with the requisite fee, no later than

60 days following the program completion date in a manner prescribed

by the CLE Committee. A late fee will be assessed for untimely

submissions.

(C) Independent Study. Attorneys who apply to earn self-study credit

through independent study shall submit a Certificate of Completion no

later than 30 days following the completion date in a manner prescribed

by the CLE Committee. A late fee will be assessed for untimely

submissions.

(D) Authorship. Attorneys who author or co-author published written

materials shall submit a Certificate of Completion together with a copy of

the published written materials no later than 30 days following the

publication date in a manner prescribed by the CLE Committee. A late fee

will be assessed for untimely submissions.

(l) Enforcement of MCLE Requirements.

(1) Attorneys who are deficient in their MCLE requirements at the end

of the applicable reporting period shall be considered noncompliant.

Noncompliant attorneys shall be entitled to an automatic grace period until the

close of business on the last business day of February of the succeeding year to

make up their deficiencies. Credit hours earned during that grace period may

be counted toward compliance with the previous reporting period, and hours

in excess may be used to meet the subsequent reporting period’s requirement.

(2) Attorneys who remain deficient on the close of business on the last

business day of February shall be assessed a noncompliance fee in an amount

set by the CLE Committee.

(3) Attorneys who fail to meet the MCLE requirements shall have their

right to practice law suspended subject to the provisions of Maine Bar Rules

4(g) and (h).

(4) Attorneys who are suspended pursuant to Maine Bar Rule 4(g) may

seek reinstatement under Maine Bar Rule 4(i).

(5) If the CLE Committee has reason to believe that an attorney has

submitted a false transcript or other false information to the CLE Committee, it

shall forward the attorney’s name to Bar Counsel for investigation pursuant to

M.R. Prof. Conduct 8.4(c).

(m) Confidentiality and Record Retention.

(1) The files, records, and proceedings of the CLE Committee, as they

relate to or arise out of any failure of an attorney to satisfy the requirements of

these rules, shall be deemed confidential and shall not be disclosed, except in

furtherance of the duties of the CLE Committee, upon the request of the

attorney affected, upon the request of Bar Counsel, or upon court order.

Nonetheless, the files and records may be introduced in evidence or otherwise

produced in proceedings under these rules.

(2) The Board shall retain program and course approval

documentation, certificates of attendance, and attendance rosters, for a

minimum of two years in paper or digital format. Annual Report Statements

shall be retained in digital format for a minimum of 10 years.