What is CLE in Illinois?
In the legal sector, Keeping up with the current rules of law and updates on legal trends is essential for attorneys in Illinois. CLE is one method Illinois lawyers can continue to grow their legal knowledge. CLE refers to continuing legal education. Attorneys in Illinois are mandated to take 30 hours of CLE courses every two years. Four of the thirty hours need to be in Professional Responsibility, which are courses that cover topics such as dealing with client funds, avoiding conflicts of interest and vague billing practices, and an understanding of non-discrimination rules. Attorneys can complete their CLE requirements by attending approved programs such as a seminar, course , program or lecture. A variety of CLE activities also count towards the requirement, including speaking and writing articles. The CLE Board does not require CLE courses to be provided by an accredited organization, however, to be eligible for credit, the course must meet certain criteria. CLE programs may be provided live, on demand, or correspondently. Using online programs and self-study materials is popular for the convenience they provide. Online CLE is especially popular among Illinois lawyers, considering that these formats are considered approved and offer a convenient alternative to face-to-face learning. Lawyers are responsible for keeping track of their CLE hours and must complete their cycle by June 30 of the renewal year.
An Overview of Illinois’ CLE Requirements
Illinois attorneys must complete 30 credit hours of Continuing Legal Education every two years, including at least 6 credit hours in Professional Responsibility (PRMCLE). 3 of these PRMCLE credits must focus on professional responsibility for practicing law in the diversity jurisdiction setting and shall involve instruction in both domestic and international law.
There is a maximum of 10 credit hours that can be earned in any day. Credit hours are also limited to 6 in subject matter relating to PRMCLE for the entire 2 year period.
Illinois recognizes compliance with MCLE requirements in other states as meeting the requirements of rules governing the CLE program in Illinois. This compliance will be credited on a pro rata basis proportional to the applicant’s average number of credits required for each calendar year of the lawyer’s compliance period. Programs qualifying for credit in Illinois shall be attended from January 1 through December 31, subject to the discretion of the MCLE Board, which may accept compliance with a bar association’s CLE requirements that may extend beyond these dates.
All Illinois attorneys are required to certify that he/she has met the Illinois MCLE requirement.
Mandatory Illinois CLE Topics
Illinois attorneys must complete 2 hours of Professional Responsibility CLE credit as part of the 30 hours needed each two-year reporting period. As part of that mandatory 2 hours, Illinois attorneys must complete a minimum of 1 hour of Professional Responsibility credit in Ethics. Attorneys may complete the additional hour of Professional Responsibility credit in one of several topics: Diversity, Equity & Inclusion, Mental Health and Substance Abuse, or Civility in the Profession.
Ethics credits relate to the specific Illinois Rules of Professional Conduct, which govern the conduct of attorneys. These CLE credits cover aspects of attorney-client relationships and other principles of ethics and professionalism. Many of the authors on this website have extensive experience teaching and writing on specific issues of ethics. Articles by these authors are always CLE-formatted and published under the Ethics Category on this site.
Ethics CLE studies all of the different Illinois ABC Rule CLE ethics topics, sometimes covering a range of them in one article. Ethics CLE may also concentrate on a single ethics issue, such as conflicts of interest or the attorney disciplinary process.
The Illinois MCLE Board considers Diversity, Equity & Inclusion (DE&I), Mental Health and Substance Abuse, and Civility in the Profession to be interrelated topics. You may complete all of your required 2 hours of Professional Responsibility credit on DE&I. Or you can do one hour of DE&I and one hour of Mental Health and Substance Abuse – or one of Civility in the Profession. Studies in these three overlapping subjects can count toward both DE&I and Professional Responsibility.
How to Obtain CLE Credits in Illinois
While each state has its unique categories and rules for how Continuing Legal Education is distributed, the basics are similar, and in Illinois CLE is awarded in 50-minute increments, or one credit hour can be earned for each clock hour a course is taught. In Illinois, an attorney can fulfill their CLE requirements by attending a live seminar, watching a pre-recorded video or engaging in a self-study program. Providers of these CLE courses include Lexitas, the Illinois State Bar Association and NBI, among many others.
CLE Compliance and Reporting
Failure to comply with continuing legal education (CLE) requirements in Illinois can have serious ramifications. Failure to comply with the MCLE requirements can lead to administrative suspension from the practice of law in the State of Illinois.
Attorneys are charged with the responsibility to track and maintain their own CLE records, and verify that the credits obtained are consistent with CLE rules. Maintaining appropriate documentation is critical, as the ARDC relies on attorneys to determine their own compliance with the rules and to maintain the integrity of the attorney registration and membership system.
MCLE credits not carried over to the next reporting cycle , other than excess Professional Responsibility credits, may not be carried over more than once. Attorneys may not carry over credits from any one activity to fulfill the requirements of any other activity.
Credits may not be split between two or more different reporting periods. Credits may not be split between two or more attorneys. For example, an activity that satisfies the Professional Responsibility requirement in one reporting period, cannot satisfy the Minimum Continuing Legal Education requirement in another reporting period; however, an activity may qualify for more than one of the categories of CLE under the MCLE rule where the attorney would receive credit for all qualifying categories.
Extensions and Exemptions
Unlike most states, Illinois does not offer a "hardship extension", which are often granted by CLE regulatory agencies to attorneys in emergency situations, such as an unexpected illness or a serious family emergency. Illinois attorneys, however, can file a petition for "partial fulfillment" with the ARDC. If granted, a partial fulfillment petition gives attorneys more time to complete a certain portion of their CLE requirement in the event of unexpected circumstances. The ARDC may grant a partial fulfillment for these reasons: However, the ARDC will not generally grant petitions based simply on a busy calendar. In addition, there is no guarantee that the ARDC will accept any particular reason. Attorneys are encouraged to submit a certificate of completion as soon as possible to have credit recorded even if they anticipate needing a partial fulfillment.
There is a special exemption available to attorneys aged 75 or older at the beginning of the compliance year; the exemption is not automatic. Attorneys must apply for and receive an exemption in writing from the ARDC before the first day of their upcoming compliance period.
If an attorney is over age 40 with at least 20 years of practice and is also residing out of state during the compliance year, the attorney may petition the ARDC for an exemption. The individuals must practice in other states where CLE is required. Attorneys who receive the exemption will have the same compliance cycle as attorneys who are currently registered with the ARDC. Attorneys must send a letter to the Credentials Department of the ARDC to apply for the out-of-state exemption. The request will be reviewed and the ARDC will notify the attorney if it is approved.
The Effects of CLE on the Practice of Law
Completing CLE requirements not only allows an attorney to avoid any consequences from accumulating CLE credits after the June 30 deadline, but also permits attorneys to sharpen their legal skills and sometimes even acquire areas of practice that may have not even been on their radar before.
As a real estate attorney, CLE requirements are relevant for my practice. For example, I was in a session that explained how Qualified Opportunity Funds can infuse local economies in distressed areas. This was not an area of interest then (or now), however, it helps to know that this may be relevant at some point in the future. And, then, when I looked at the sponsors for this seminar, I had never heard of one of them, so I looked up the firm. I now have a potential client or at least a contact.
There are several other examples of how CLE requirements positively impact attorneys. I’ve had several instances where I’ve gotten a question asked during a CLE that an attorney was curious about. They had a problem or a possibility, and they didn’t know the answer. But the CLE session answered that question and furnished insight into a solution. By attending the CLE session, the attorney learned something they otherwise wouldn’t have.
Another time, I attended a CLE talking about a 1031 exchange. I knew very little, although I had done a few of them. The CLE showed how to do them in more complex scenarios, and I learned how the Section 1031 exchange may work for my clients, which allows me to better represent the best interests of my clients.
The Future of Illinois CLE
With the rapid advancement of technology and changes in the legal landscape, the future of Continuing Legal Education (CLE) requirements in Illinois is bound to evolve. One area where this evolution may occur is the expanded integration of virtual and on-demand CLE courses. With professionals often faced with demanding schedules and geographical constraints, a more flexible approach to meeting CLE requirements could become the norm.
The ongoing complexity of the law may also contribute to future trends in CLE requirements in Illinois. As new legal challenges emerge, such as those related to artificial intelligence, cybersecurity, and evolving areas of privacy law , it’s likely that the Illinois Supreme Court Commission on Professionalism will consider adjusting the required areas of experience for attorneys to ensure that all lawyers are aware of these developments and how they affect their practice. This could mean incorporating new subject matter categories into the required CLE standards, perhaps placing greater emphasis on technology competences or emerging practice areas.
Feedback from the legal community can be anticipated to play an important role in shaping the future of CLE requirements in Illinois. An ongoing dialogue between the legal profession and the Illinois Supreme Court Commission on Professionalism will help guide any changes to CLE requirements and the professional competence requirements that underlie them.