An overview of CLE requirements in Arkansas
The landscape of Continuing Legal Education (CLE) in Arkansas can seem intricate, but getting acquainted with it is a valuable endeavor for attorneys who intend to continue their legal service in the Natural State. Currently, attorneys who are members of the Arkansas Bar Association are mandated to complete 12 CLE credits every year. Fortunately, there’s added leeway for new lawyers. They are only required to fulfill 30 hours on the calendar year when they first enter practice and an additional 15 during the following years. Further details on these credits are available at the Arkansas Supreme Court’s web page.
Any member of the Arkansas Bar Association, including those holding Inactive Status, are subject to this yearly requirement, but non-members aren’t subject to it. While Inactive members cannot apply for reinstatement unless they’ve met Kentucky CLE requirements, their failure to complete the necessary credits will not result in any disciplinary action by the Board of Professional Responsibility. Failure to meet these basic requirements may, however, disable an attorney’s ability to practice law in Arkansas. Specifically, the Board of Professional Responsibility will suspend lawyers who refuse or repeatedly ignore Arkansas CLE compliance and fail to answer the Board’s petitions for reinstatement.
As explained on the Arkansas Supreme Court’s website, failure to complete all required CLE units in the allotted time means that the Board of Professional Responsibility may issue a citation to an attorney who’s committed misconduct. However, if the attorney hasn’t completed all the required units, the Board may only issue a citation without further disciplinary action when the attorney miscalculated the units and did not realize they were lacking or if it’s apparent that the attorney is operating under a mistaken belief about the requirements and is not being willful. For a violation that subjects a lawyer to disciplinary sanctions , the Board of Professional Responsibility must find that the misconduct was willful. Where the misconduct was willful, the Board of Professional Responsibility has the discretion to impose a fine on the lawyer who’s in violation of the CLE requirements.
Arkansas CLE compliance records are now managed for the Board of Professional Responsibility by CLE Providers (formerly Commissioners). As stated previously, Arkansas members of the bar have an annual requirement of 12 hours continuing legal education that must be earned between January 1 and December 31 of each year. No credit is awarded for attending the same course during the same calendar year. Substantial participation in an active mentor relationship program with a certified mentor may count for 6 hours of credit which may be credited as Mississippi CLE credit in Mississippi. However, if it is claimed as Mississippi CLE, then it cannot also be claimed for Arkansas compliance. The program cannot be used for Mississippi CLE credit more than once every 2 years. A CLE activity may not be reported for both lawyers and judges.
The approved activities for the Arkansas continuing legal education requirement include: live programs, audio or video programs, participation in teaching activities, and self-study programs. Self-study program includes study groups, lectures and seminars, correspondence, publishing or other form of study. Although there is no limit to the number of self-study hours a lawyer may claim, the total number of self-study credits claimed toward the Arkansas CLE compliance requirement may not exceed 6 credit hours for each compliance period. In addition to the Arkansas allowable CLE activities, the Supreme Court may from time to time approve additional activities or grant individual waivers or modifications of the time provisions of this rule.
Categories of Arkansas CLE credits
Continuing Legal Education (CLE) credit is earned for attending programs and activities that fall into two basic categories; Legal and Practice Management or Ethics. Legal and Practice Management credits include attendance at:
Ethics Credits cover topics related to professional responsibility and standards of practice. It is mandatory for attorneys to earn at least six (6) hours of ethics credits in every reporting cycle.
Legal and Practice Management Credits
Legal and Practice Management Credits (also known as General Credits) are earned by attending CLE programs that have been preapproved by the Arkansas Supreme Court Commission on Continuing Legal Education. The reporting year in Arkansas begins January 1 and ends December 31. There are certain categories of credits that are required: Please note that each attorney must log at least one hour of legal ethics in each reporting period.
Specialty Credits
Attorneys practicing in specialized areas of the law must earn at least five (5) of the eighteen (18) total credits in the following specialties:
Supervised Programs
Attorneys may request credits for programs or activities that are not preapproved by the CLE Committee by submitting a request form along with an evaluation of the program to the CLE Committee for its consideration.
Out of State Activities
Attorneys can receive credits for attending CLE programs of national, state or local bar associations (outside of Arkansas), paralegal associations, CLE services, etc., if those content meets our content requirements and have been preapproved by the Arkansas CLE Committee. All out of state programs are reviewed on a case by case basis.
Black’s Law Dictionary defines continuing legal education as "requirement imposed by law that attorneys attend courses or programs designed to keep them abreast of developments in the law." Arkansas Supreme Court Rule 5 does just that by requiring Arkansas attorneys to complete 12 hours of approved CLE forums, of which 6 hours must be legal ethics courses. Arkansas is very strict in its rules for complying with ongoing educational requirements for attorneys and is extremely active in providing lawyers with ways to keep abreast of vital information and advancements.
Locating and selecting courses
A pivotal aspect of mastering Arkansas CLE requirements is understanding how to find and choose the right courses.
Finding Approved Courses
The easiest way for Arkansas attorneys to find the courses that have been approved for Arkansas credit is to check with established CLE course providers. Some of these organizations are CLE providers approved by the Arkansas Supreme Court Commission on Continuing Legal Education, while others are national and regional seminar providers who offer a wide range of programs and courses that cover the subjects required for compliance. Those providers include:
Many of these organizations have user-friendly course calendars that will allow you to search by location and date, as well as course length. When searching for courses, check to see if they have been approved for Arkansas credit by an Arkansas CLE provider.
Choosing Cutting Edge and Relevant Courses
When it comes to reducing unnecessary hours or wasting money, the quality of your chosen CLE course matters. Arkansas Bar Association CLE programs typically explore significant changes in state and federal law, while local bar entities often focus on courses that are relevant to practicing law in their area. National and regional seminars may offer the latest information on recent developments in the law, while also allowing you to network with lawyers and judges from all over the country.
How Important are Online and In-Person Courses?
Online CLE courses generally take the form of on-demand streaming videos or live webcasts. These formats have become especially popular in the last few years because they are often more affordable for attorneys to budget for, and they do tend to have more flexibility as to when you listen and how much time you allot. However, some attorneys and judges prefer to attend in-person programs so they can move around the room, engage with speakers and panelists, and formally interact with their peers over a longer period of time. Several CLE providers have made it easier for you to take courses in any format by offering them both times, offering live streaming of seminars, and by recording seminars currently airing on various topics.
Reporting and tracking credits
The Arkansas Continuing Legal Education Board requires that attorneys complete 12.5 credit hours of continuing legal education per calendar year for active licensure. Of these, the current regulations stipulate that 1.0 are Ethics credits and 1.0 are professionalism credits.
All accredited continuing legal education providers must electronically report class completion electronically. The attorney must notify providers of an attorney’s Arkansas bar number prior to class completion. Providers are responsible for filing with the Arkansas Continuing Legal Education Board the class completion; however, the attorney must maintain a record of attendance and have it available upon request. While providers are responsible for maintaining records for all board approved courses for six years, the attorney must also maintain a record of attendance in his/her file. If an attorney is audited the Arkansas Continuing Legal Education Board may require both the provider’s and the attorney’s records to be reviewed.
Arkansas Attorneys are given a deadline of December 31st to self-report CLE credits online. 1.0 Ethics credits are required for Arkansas attorneys who have a disciplinary event during the reporting period. However, if that disciplinary event results in a suspension or disbarment the requirement is waived. Additionally, attorneys that are age 70+ are exempt from completing Ethics credits.
For every reporting period, including inactive and retired lawyers, attorneys are required to pay $10 to the Arkansas Continuing Legal Education Board. Additionally, inactive and retired attorneys must verify their compliance with minimum requirements within thirty (30) days of receipt of the board’s notice of small balance.
The Arkansas Continuing Legal Education Board has partnered with AccessLex Institute to offer a free online tracking system to assist attorneys in both tracking and self-reporting their credits. This system provides numerous benefits to attorneys by verifying compliance immediately and reporting on the attorney’s behalf. Additionally, attorneys can review the list of approved classes for all Arkansas providers in real time.
The Illinois State Bar Association and the Law Society of Saskatchewan both utilize similar tracking systems offered by ILContinuing Legal Education and MasterCLE. This system may provide other state bars with the ability to implement a tracking system.
Attorneys, in both the U.S. and Canada, may utilize Provider Dashboard to update course details for tiny CLE providers to self-report CLE credits into the national database.
Penalties for failure to comply
Failure to comply with the CLE requirements can have serious repercussions for attorneys. The Arkansas Supreme Court retains the authority to take disciplinary action against an attorney who does not meet the reporting and compliance deadline. Such disciplinary action may include, but is not limited to, administrative suspension from practice until requirements are met. This action is taken after a review by the Committee on Professional Conduct and an opportunity for the attorney to respond to allegations of non-compliance. In cases of repeated non-compliance, the Supreme Court may disbar an attorney.
In addition to administrative suspension, attorneys who fail to comply with the CLE requirements may face monetary penalties . These penalties may come in the form of late fines assessed by the Arkansas Supreme Court or the CLE Board, which is an agency of the Supreme Court. Late fines are typically assessed for each CLE credit hour in which an attorney is deficient. There is also a possibilty to be subject to civil penalties and sanctions, including fines payable to the Arkansas Attorney General.
Not to mention, there is the reputational impact of not being a licensed attorney, as well as damage to personal relationships and more. Plus, your employer may also have a problem with the non-compliant attorney. And whether you are employed or on your own, you may have issues with getting new clients if your status is listed as suspended.
It’s not worth it. In fact, your employer or law firm may be the one taking the money from your paycheck to pay for the CLE seminars.
Tips for maximizing time and energy for CLE
Efficiently completing your Arkansas CLE requirements can be a challenge, but with the right strategies, you can balance your CLE commitments with your busy legal practice. Start by assessing your current CLE status. You can view your status on the Arkansas Supreme Court website, which will provide the most up-to-date information about your completed and required hours. Once you know exactly what you need to complete, you can create a plan.
One effective strategy is to calendar your CLE days. For instance, if your continuing credit requirements reset in January, schedule periodic blocks of time throughout the year for CLE activities. Breaking down the work into manageable periods can help you avoid a last-minute rush to complete credits. When selecting CLE courses, consider how the content will impact your practice. For example, an hour-long course on a topic you regularly deal with could be more useful than a full-day session on a topic you rarely encounter.
You should also work to schedule your CLE coursework at the beginning of your professional year. Renewals for individual attorneys are July 1, while new attorneys renew their license October 1. By getting ahead early, you’ll have more time to secure the information you need to pass the exam.
Take advantage of the variety of seminar options available to Arkansas attorneys. In addition to in-person and online courses, there are numerous live seminars held in various locations across the state, making it convenient to attend one or more during a busy workday. The Inns of Court, bar or section groups, and local chambers of commerce often co-host half-day seminars as well, many of which offer CLE credit.
If you have meetings or court nearby after, you can still maximize your day. Rather than continuing to work in the office after the seminar, leave early to attend the next meeting on your schedule. Most attorneys can spare two to three hours for a seminar once every other month, helping you easily meet your CLE requirements.
The role of CLE in the future of Arkansas
Future trends in CLE will be shaped by technology and the way information is packaged and delivered. We are already seeing this pattern emerge with the success of various webinar series and podcasts. In addition to Arkansas CLE programs, the Commission on Continuing Legal Education participates in two webinars with the American Bar Association on ethics and professionalism. The Commission also has a Representative from the Bench seated on the Commission. The Symposia-Programs, hosted by local Bar Associations, often include a State Representative or Senator, a Circuit Judge and a Supreme Court Justice. Federal CLE programs often include a Magistrate Judge or U.S. Attorney.
Social media is on the rise in the legal field and so is the use of technology for CLE programs . The Director of the Commission attends the ABA Tech Show each year and often brings home ideas and comments that are shared with others. Facebook, Twitter, Instagram and even TikTok are used by members of the legal profession for both professional and business purposes, as well as to market CLE programs and to deliver CLE content.
Across the country, the loss of clerks and judges due to retirement and attrition is creating a demand for new judges and court staff. New judges have new ideas and they will look to the future and technology, including CLE opportunities, to help them make the law better and fairer.
The future looks bright for Continuing Legal Education in Arkansas.