Monthly Archives: December 2013

Identifying and Understanding Communication Styles in Mediation

Because the mediator’s role is to facilitate constructive communication between the parties communication is one of the key elements in the mediation process.  But how can the mediator facilitate constructive communication if the mediator or the parties have different styles of communicating?

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The ability to understand how other people’s communication styles can provide an opportunity for mediators to enhance communication between the parties.  It can also improve the mediator’s ability to conduct an effective mediation process and achieve a satisfying outcome for the parties involved.  If you need help understanding people’s communication styles in mediation we have just added an excellent course entitled Identifying and Understanding Communication Styles in Mediation.

Attorneys that take this mediation course will learn to:

  • Understand the differences between the four principle communication styles
  • Learn strategies for relating successfully to all four communication styles
  • Learn to identify & enhance their own communication style as a mediator
  • Understand how different communication styles compliment & conflict with each other
  • Help parties to a dispute overcome barriers between conflicting communication styles
  • Enhance connection, rapport, understanding, and problem solving abilities in the mediation process

Further topics addressed include misunderstanding, the five main elements of communication, impartiality and bias.  The course also includes a communication style inventory and utilizes a case example to analyze and review the material presented.  This course is an excellent resource for mediators and those attorneys wishing to more clearly communicate with attorneys and colleagues.

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Anita Stirling has been practicing mediation for the past fifteen years, specializing in family, community, and restorative justice mediation.  Mrs. Stirling received her Mediation Credential from the National Center for the Resolution of Conflict located in San Diego, California.  She is a founding member of The Right Path, a mediation group that specializes in divorce, custody, and visitation.  Sylvia L. Keating is licensed to practice law in California and Florida and has been an attorney since 1987.  She provides legal services, mediation and arbitration services.  Ms. Keating legal services include business, contract, real estate and family law. Her legal experience has included civil and business litigation, breach of contract actions, family law, and criminal defense litigation.

This CLE course on communication styles in mediation is currently accredited in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Jersey (NJ)
  • New York (NY)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers continuing legal education (CLE) for attorneys in California (CA) and around the country.  For more information about CLE in California please click the following link: California CLE.

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Top Arizona CLE Questions

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Each state across the country regulates the conduct of its own attorneys.  Attorneys that are licensed in California have much different requirements than attorneys that are licensed in New York.  There are different bar exams, fees, practice requirements and overall lawyer regulation such as advertising.  Each state also crafts its own rules concerning continuing legal education.

Arizona CLE Requirement

  • 15 AZ CLE credit hours each annual compliance period

Arizona Specialty Requirement

  • 3 credit hours of Professional Responsibility

AZ CLE Compliance Requirements

  • Reporting Cycle: Annual
  • CLE Compliance Deadline: June 30
  • CLE Reporting Deadline: September 15

Credits AZ Attorneys Can Earn on AttorneyCredits.com

  • Arizona attorneys can earn all 15 AZ CLE units with online CLE courses

Like many attorneys around the country, attorneys in Arizona are subject to a mandatory continuing legal education requirement.  Each attorney licensed by the State Bar of Arizona must complete at least 15 hours of Arizona CLE as part of the annual Arizona CLE requirement, including 3 mandatory CLE hours of Professional Responsibility.  The annual Arizona CLE compliance period runs from July 1 through June 30 and the Arizona CLE reporting deadline is September 15.

Top Arizona CLE Questions

What are the CLE requirements in Arizona?

  • Arizona attorneys must complete a minimum of fifteen (15) AZ CLE credit hours annually.

How many online CLE courses can I take with Attorney Credits?

  • All fifteen (15) AZ CLE credit hours.

Does Arizona certify CLE providers or approve CLE courses?

  • The State Bar of Arizona neither approves nor accredits CLE providers or CLE programs. Arizona Rule 45 and the Arizona CLE Regulations are based on the assumption that Arizona attorneys can evaluate CLE courses based on the guidelines set forth in the Arizona CLE Regulations and report CLE activities by affidavit. The Arizona CLE standards are very broad and many CLE providers and CLE sponsors often meet these standards.

Are Attorney Credits’ CLE courses accepted by the State Bar of Arizona?

  • While the State Bar of Arizona does not approve or accredit CLE providers or CLE programs, many CLE providers routinely meet the standards of Arizona Rule 45. Attorney Credits is an Approved Provider of Continuing Legal Education in a number of states across the country – including California, Illinois, New Jersey, New York and Texas. Thousands of attorneys across the country have completed tens of thousands of CLE courses using our CLE website. We have also had hundreds of Arizona attorneys use our website for their Arizona CLE requirements.

Do Attorney Credit’s online CLE programs qualify for interactive CLE credit?

  • All of Attorney Credit’s streaming audio, streaming video, MP3 and video download CLE courses qualify for interactive because we utilize numerical codes that are embedded in the audio or video file to verify your participation.

How do I report my Arizona CLE compliance?

  • The annual CLE compliance period in Arizona runs from July 1 to the following June 30. Arizona attorneys must file CLE affidavits by September 15. The online electronic affidavit is available beginning in July. An alternative option to report CLE compliance is to print off a blank affidavit from the State Bar of Arizona website, complete it and mail it. Attorneys may also use the blank affidavit in the Arizona Attorney magazine issued in August to report AZ CLE compliance.

Who can I contact for more information about AZ CLE?

  • For more information about AZ CLE, please call the State Bar of Arizona at (602) 252-4804. You may also contact Attorney Credits support via email or telephone. For further assistance and information on Arizona CLE, please call our Support Center at (877) 910-6253 or visit our support page on the website.

Unfortunately, the answers that you need to your Arizona CLE questions are not always easy to find.  For that reason, we have compiled all of your top questions about CLE in Arizona in one easy resource.  We have included both the CLE questions and answers on our Arizona CLE page and you can access the page by clicking here: Arizona CLE.

To access a full version of the Arizona CLE FAQ, please click here: Arizona CLE FAQ.

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I Think I Just Received eDiscovery: What Now?

Do you know what ESI is?

What are native files?

How do you respond to a litigation hold?

So you just received eDiscovery – what do you do know?  Do you know the proper steps to take? Unfortunately, despite the importance of eDiscovery in litigation today many attorneys still don’t even know the basics.  In today’s electronic world, being prepared to properly respond to eDiscovery demands can now make or break your client’s cases.  Join Alex Marjanovic of DTI as he provides insight into the most efficient way to respond to eDiscovery in one of our newest courses I Think I Just Received eDiscovery: What Now?.

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Mr. Marjanovic covers three main areas, including the key terms you need to know to get results, litigation holds and the three primary methods that firms are currently handling e-discovery.  In reviewing the three primary eDiscovery methods, Mr. Marjanovic provides a cost benefit analysis and the potential for sanctions with each of the three methods: review on your computer, review hard copy of ESI and review in database.

The course further addresses many of the terms and ideologies that are commonly seen when working with ESI and litigation holds.  Attorneys taking this course should expect to learn about efficient e-discovery review & production, how to justify a Protective Order for production of electronic files due to burden of cost and what red flags to look for when trying to get a Motion to Compel for production of electronic documents.

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Alex Marjanovic is the Regional Sales Director for DTI, a national provider of electronic discovery services, with responsibility for San Diego and Orange County, California.  Mr. Marjanovic has had extensive experience with electronic and paper-based discovery and related litigation production/discovery matters over the past nine years.  Mr. Marjanovic and his team of Litigation Consultants help in-house and outside counsel streamline their document reviews and productions by guiding them through efficient and cost effective electronic discovery technologies and methodologies.

This CLE course on eDiscovery is currently accredited in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Jersey (NJ)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers continuing legal education (CLE) for attorneys in Illinois (IL) and around the country.  For more information about CLE in Illinois please click the following link: Illinois CLE.

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New Jersey CLE: NJ CLE Compliance & Reporting Deadline is December 31

New Jersey attorneys are rapidly running out of time to complete the mandatory New Jersey CLE requirement.  The deadline to complete and report CLE compliance in New Jersey is December 31.

Without a valid exemption, active New Jersey attorneys must complete at least 24 credit hours of continuing legal education (CLE) each two-year New Jersey CLE compliance period.  Of the required twenty-four (24) NJ CLE credit hours, at least four (4) credit hours must be in ethics and/or professionalism.  The NJ CLE program is mandatory for attorneys, judges, in-house corporate counsel and government attorneys – regardless of whether the attorney is practicing within the state of New Jersey.

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Some New Jersey attorneys, however, may qualify for either a medical or non-resident exception and may be able to take all 24 units through online on-demand CLE courses.  If a medical condition prohibits you from attending a live CLE event, you may qualify to take all required 24 NJ CLE units online.[1]   Some attorneys licensed in New Jersey that live outside of the Garden State may also be able to apply for a non-resident exception which allows all NJ CLE courses to be completed though online courses.

In order to qualify for the NJ 24 Unit CLE non-resident exception FOUR elements must be met:

  1. Work outside of New Jersey.
  2. Reside outside of New Jersey.
  3. Licensed in another state with mandatory CLE.
  4. The other mandatory CLE state you are licensed in allows 100% mandatory CLE requirement to be met through online CLE courses.

For more information about the New Jersey CLE requirement, reporting and compliance please click the following link: New Jersey CLE.


[1] This non-resident exception allows the attorney to complete all 24 NJ CLE credit hours through online NJ CLE courses.

http://www.judiciary.state.nj.us/cle/att_faq.htm#6

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Federal Indian Law: An Introduction

It’s simply not possible to cover every aspect of Federal Indian Law in a two hour CLE course.  Due to the complexities involved, it would take months – possibly years – to provide full coverage to the topic.  From family law to personal injury, Federal Indian Law is an “intersection” of a myriad of different legal disciplines.

screen-capture-2Further, Indian law is rooted in history and one cannot understand how Indian law has evolved in the United States without understanding how it came to be throughout history.  Different tribes have different experiences, both contemporarily and historically (and pre-historically) and there are legal differences across the nation and different cultural experiences among tribal nations.  Indian Law is further complicated by a multitude of pertinent facts, from who is considered an ‘Indian’ to defining the limits of tribal sovereignty.

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In Federal Indian Law: An Introduction, Michele Fahley provides an incredibly thorough overview of the nuances of Federal Indian Law.[1]  The main topics discussed include the Treaty Era, Allotments & Assimilation, Indian Reorganization, the Termination Era, The Era of Self-Determination, Indian Hiring Preferences, State Jurisdictional Limits, Tribal Individual Rights, Non-Indians and Tribal Jurisdictions, Tribal Taxation and Regulation and Additional Considerations in FIL (Federal Indian Law).

Further topics discussed include:

  • Defining a tribe
  • The reservation
  • Who is considered an Indian
  • Tribal sovereignty
  • The Marshall Trilogy
  • The Major Crimes Act
  • Plenary power
  • The Indian Reorganization Act (IRA)
  • Public Law 280 (PL 280)
  • Indian hiring preferences
  • Taxation
  • Regulation
  • Civil rights
  • Criminal jurisdiction
  • Tribal regulation
  • Tribal adjudicatory authority
  • Tribal taxation
  • Taxation of tribal enterprises
  • Tribal zoning authority
  • The Indian Child Welfare Act (ICWA)
  • Indian gaming
  • Individual trust land issues
  • Employment law in Indian country
  • Cultural preservation

Case law discussed includes Johnson v. M’Intosh, 21 U.S. (8Wheat.) 543 (1823), Cherokee Nation v. Georgia, 30 U.S. (5 Pet.) 1 (1831), Worcester v. Georgia, 31 U.S. (6 Pet.) 515 (1832), US v. Kagama, 188 U.S. 375 (1886), Lone Wolf v. Hitchcock, 187 U.S. 553 (1903), McClanahan v. Arizona State Tax Commission, 411 U.S. 164 (1973), Morton v. Mancari, 417 U.S. 535 (1974),  Bryan v. Itasca County, 426 U.S. 373 (1976), Santa Clara Pueblo v. Martinez, 436 U.S. 49 (1978), Oliphant v. Suquamish Tribe, 435 U.S. 191 (1978), Montana v. U.S., 450 U.S. 544 (1981), Strate v. A-1 Contractors, 520 U.S. 438 (1997), Washington v. Confederated Tribes of the Colville Indian Reservation, 447 U.S. 134 (1980), White Mountain Apache v. Bracker, 448 U.S. 136 (1980), Mississippi Band of Choctaw Indians v. Holyfield, 490 U.S. 30 (1989), Brendale v. Confederated Tribes and Bands of Yakima, 492 U.S. 408 (1989), Baby Girl v. Adoptive Couple, 570 U.S. (2013) and California v. Cabazon Band of Mission Indians, 480 U.S. 202 (1987).

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Michele Fahley is the Deputy General Counsel for the Pechanga Band of Mission Indians in Temecula, California.  She has a joint degree in law and American Indian Studies from UCLA.  Prior to joining Pechanga’s Office of General Counsel, Ms. Fahley served as a staff attorney in the Escondido office of California Indian Legal Services (CILA) for over 5 years.  At CILA, her work focused on tribal representation in ICWA cases, estate planning & training under the American Indian Probate Reform Act, cultural resource protection, tribal court development, and gaming & economic development.  As Deputy General Counsel, Ms. Fahley provides general representation to the tribal government in all matters and she further serves as Chair of the Conference Planning Committee.

This CLE course on federal Indian law is currently accredited in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Jersey (NJ)
  • New York (NY)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers continuing legal education (CLE) for attorneys in Illinois (IL) and around the country.  For more information about CLE in Illinois please click the following link: Illinois CLE.


[1] Ms. Fahley is the Deputy General Counsel for the Pechanga Band of Mission Indians, located in Temecula, California.

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Florida CLE FAQ

How many CLE units do I have to take?

When do I report compliance?

Do I need to take legal ethics or professionalism courses?

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If you are an attorney in Florida, Attorney Credits features an excellent FAQ that answers all of your questions about the CLER (Continuing Legal Education Requirement) in Florida.  We know that the CLE information that you’re looking for isn’t always easy to find, so we have created an FAQ page for Florida attorneys.  From basic CLE requirements to the penalties for non-compliance, we have the answers you need about Florida CLE.

Top Florida CLE Questions

What are the mandatory CLE requirements in Florida?

  • Florida attorneys must complete at least thirty (30) FL CLE credit hours every three years.

How many online Florida CLE courses can I take through Attorney Credits?

  • All thirty (30) FL CLE credit hours.

How often and by when do I need to report CLE compliance?

  • Members of the Florida Bar are required to report FL CLE hours earned every three years. Each Florida attorney is assigned a three year reporting cycle. You can find your reporting date on the mailing label of The Florida Bar News.

How are CLE credits reported to the Florida Bar?

  • The Florida Bar requires that you self-report your FL CLE credit hours on the Florida Bar website. In order to self-report your FL CLE, you will need to know our Florida Bar course numbers for FL CLE course that you complete. The Florida Bar course numbers are printed on your Certificates of Completion.

Will I receive notice advising me that my reporting period is upcoming?

  • Three months before the end of your FL CLE reporting cycle, you will receive a CLER Reporting Affidavit if you are still deficient FL CLE hours.

What do I do with the CLER Reporting Affidavit?

  • You will need to report your completed FL CLE courses online or return the Affidavit with any CLE courses or activities you are not able to report online.

Who can I contact for more information about FL CLE?

  • For more information about CLE in Florida, please call the Florida Bar at (850) 561-5600. You may also contact Attorney Credits support via email or telephone. For further assistance and information, please call our Support Center at 877-910-MCLE (6253) or visit the support page on our website.

To access the full Florida CLE FAQ, please click the following link: Florida CLE FAQ.  For more information about CLE in Florida please click the following link: Florida CLE.

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Damages in Litigation

Damages are the key to many types of cases, from personal injury to business disputes.  But calculating damages can be a tricky proposition and often requires expert testimony to arrive at the correct valuations.

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In Damages in Litigation, forensic accountants Richard Holstrom and Aaron Esquivel of RGL Forensics provide an overview of the methods used to calculate damages in litigation.  The main areas discussed include forensic accounting, understanding lost profits, understanding earnings losses and discounting damages. The main types of cases highlighted include general business disputes, personal injury cases and wrongful termination and death cases.

Further topics addressed include:

  • The role of forensic accounting in litigation support
  • The legal principles of lost profits
  • The tools used for calculating lost profits
  • Lost earnings calculations
  • Proximate cause
  • Reasonable certainty
  • Foreseeability
  • Damage calculation tools
  • Using empirical data
  • Elements of a lost profits claim
  • Methods of proof
  • The before and after method
  • The but-for method
  • The yardstick method
  • The “big box of money”
  • Lost sales, lost earning analysis
  • Life vs. worklife expectancy
  • But for & current earnings
  • Past vs. future loses
  • Economic loss models
  • Fringe benefits
  • Medical & rehabilitation costs
  • Household services defined
  • Income taxes
  • Discount rate
  • Offsets
  • Wage growth
  • Net discount rate
  • Offset earnings
  • Personal consumption
  • Wrongful death and loss of business value.

Mr. Holstrom has been involved in the field of Forensic Accounting exclusively since 1980. He has worked extensively with insurance companies and attorneys focusing his career on forensic accounting, measurement of damages and litigation support. Mr. Esquivel has over nine years exclusively in the field of forensic accounting with significant experience performing analyses involving the measurement of losses due to business interruption, fraud, property damage and other matters involving economic damages.

This CLE course on damages in litigation is currently accredited in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Colorado (CO)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Georgia (GA)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Jersey (NJ)
  • New York (NY)
  • Pennsylvania (PA)
  • South Dakota (SD)
  • Texas (TX)

Attorney Credits offers continuing legal education (CLE) for attorneys in New York (NY) and around the country.  For more information about continuing legal education (CLE) in New York, please click the following link: New York CLE.

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Texas MCLE: 15 Online CLE Units Allowed

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Attorneys licensed by the State Bar of Texas must complete 15 credit hours each MCLE compliance period as part of the annual mandatory TX MCLE (Minimum Continuing Legal Education) requirement.  As part of this mandatory 15 credit hour Texas CLE requirement, Texas attorneys must also complete 3 credit hours of Legal Ethics or Professional Responsibility.

Every active State Bar of Texas member must complete a minimum of 15 hours of accredited CLE during each MCLE compliance year.[1]

Luckily, attorneys in the Lone Star state do have the option of completing their entire Texas CLE requirement online.  Attorneys admitted to the State Bar of Texas may complete all fifteen (15) Texas CLE credit hours through online on demand TX CLE courses.  Attorney Credits is an Accredited Provider (#12507) of CLE in Texas and our online TX CLE courses qualify for participatory CLE credit in Texas.

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For more information about CLE in Texas, please click the following link: Texas CLE.


[1] MCLE

http://www.texasbar.com/AM/Template.cfm?Section=MCLE

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Common Issues When Licensing Intellectual Property

There are three principal ways for individuals and companies to monetize intellectual property assets.  First, an individual or business may sell the intellectual property on their own.  Second, the intellectual property can be assigned and the IP rights are then sold to a third party.  Third, the intellectual property may be licensed, essentially a rental of the IP asset for a certain period of time.

screen-captureOur newly added course Common Issues When Licensing Intellectual Property will focus on the third option and discuss the most common issues associated with licensing intellectual property.  The course begins by providing a thorough discussion of the three main ways to monetize intellectual property and then addresses the principal considerations when licensing intellectual property and factors to consider before negotiating the terms of the license agreement.

Further topics covered include:

  • Patents
  • Trademarks
  • Copyrights
  • Ownership rights
  • Chain of title
  • Due diligence
  • Finding prospective licensees
  • Approaching potential licensees
  • Exclusive vs. non-exclusive licenses
  • Production minimums
  • The scope of the license
  • Sub-licensing
  • Product improvements
  • Sales rights
  • Quality control
  • Territory
  • Quotas
  • Royalty schedules
  • Royalties
  • Audit rights
  • The beginning & termination of the license
  • The term of the license
  • The business life cycle & IP value

Eric A. Hanscom founded the Law Offices of Eric Hanscom in 1995 as a sole practitioner.  Since beginning InterContinental IP he has added the legal talents of Todd J. Langford and formed long-lasting associations with numerous foreign attorneys and law firms and has grown his business into an international practice.  Lionel P. Bochurberg is an attorney admitted to the California and Paris Bars, with international in-house experience in the telecom, Internet, software and biotech fields.  He has over 19 years of experience assisting clients with complex business transactions and international matters.

This CLE course on licensing intellectual property is currently accredited in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Colorado (CO)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Georgia (GA)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Jersey (NJ)
  • New York (NY)
  • Pennsylvania (PA)
  • South Dakota (SD)
  • Texas (TX)

Attorney Credits offers continuing legal education (CLE) for attorneys in California (CA) and around the country.  For more information about continuing legal education (CLE) in California, please click the following link: California CLE.

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Illinois CLE Reporting Periods

Attorneys that are members of the Illinois State Bar Association must complete at least thirty (30) Illinois CLE credit hours every two years.  As part of the 30 unit CLE requirement Illinois attorneys must complete at least six (6) mandatory credit hours of Professional Responsibility each two year compliance period.  Towards the end of each Illinois CLE compliance period, the Illinois MCLE Board will send you a form to report the number of IL CLE credit hours that you have completed during your compliance period.

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Illinois attorneys must report compliance with IL MCLE requirements every other year and the reporting periods last two years from July 1 to June 30.  Attorneys with last names that start with A-M report in even numbered years, while attorneys with last names N-Z report in odd numbered years.  The second year is the reporting year for Illinois attorneys.  To avoid late fees, all of your mandatory Illinois CLE hours must be completed by 11:59 PM on June 30 of that year (completion deadline) and your compliance must be reported by 11:59 PM on July 31.

To illustrate, one of Atty. Marshall’s reporting periods would be from July 1, 2012 to June 30, 2014, while one of Atty. Smith’s would be from July 1, 2013 to June 30, 2015.[1]

Your Illinois CLE reporting group does not change even if your name does.  If you were sworn in on July 1, 2006 or later, use your last name on file with the Attorney Registration and Discipline Committee (ARDC) on your swear-in date.  If you were sworn in on or before June 30, 2006, then you use your last name on file on July 1, 2006.  Attorney Credits offers continuing legal education (CLE) for attorneys in Illinois (IL) and around the country.  For more information about continuing legal education (CLE) in Illinois, please click the following link: Illinois CLE.


[1] What is a two year reporting period?

http://mcle.custhelp.com/app/answers/detail/a_id/391

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