NHMCLE - Frequently Asked Questions
What’s NEW for 2010 Compliance? Procrastinators Take Note
There are two changes this year.
a. The names of lawyers who do not complete their credits and file their Certificates correctly by November 1st will be sent to the NH Supreme Court with a request for suspension;
b. The maximum amount of late filing fees has been reduced from $450 to $150.
1) What is the minimum, annual CLE requirement?
You must complete at least 2 ethics and 10 general credits for a total of 12 credits; at least 6 of the 12 have to be in "live" programming. Complete them by June 30th each year and avoid filing paperwork and possible late filing fees.
2) What courses qualify as “live” programming?
Courses which are open to any lawyer wishing to attend and have been approved by the NHMCLE Board where participants have access to question the faculty qualify for live credit. This would include courses where the instructors are available by telephone, fax or email as well as in person.
3) What happens if I do not have the required 12 credits by June 30th or Oct 1st?
You will receive a pink Certificate of Compliance at the end of August and be required to complete your credits and return your signed Certificate with copies of the new course attendance records to show your compliance no later than Oct 1st.
Instructions are in your mailing and on the reverse side of your Certificate. After October 1st, an initial late fee of $50 is assessed for a 30-day period. If non compliance persists after Nov 1st, an additional $100 late fee is assessed, and the names of these lawyers are sent to the NH Supreme Court with a request for suspension from the practice of law.
4) Whom do I contact if I believe I can’t meet the requirement on time either because of ill health or financial difficulties?
The NHMCLE Board will consider written requests for special consideration in response to situations involving health or other emergencies of the lawyer or immediate family members. There is also assistance available to overcome financial barriers to CLE completion. Contact the MCLE office
at 603-224-6942 as soon as possible and before the end of the compliance period for assistance with these issues.
5) What is an Annual Sponsor of CLE?
To see what organizations have been granted Annual Sponsor status, please review the list
Annual Sponsors provide CLE programs that are, in most cases, pre-approved for credit in NH. No CLE credit will be granted for courses provided by any sponsor on the topics of marketing, business profitability, general office skills or leadership training (see #11 below). Check with the NHMCLE office by email
, if you have questions about a particular course. Always advise Annual Sponsors that you want your attendance reported to the NHMCLE Office, especially if you are attending a program outside NH. Then check your online record in 30 days to be sure the report has been made correctly.
6) When and how do I apply for CLE credit?
If you attend a course not presented by an Annual Sponsor and not approved by the NHMCLE Board, you need to submit an Attorney Credit Application Form
with the attachments listed in #17 within 30 days of the course completion. The program sponsor will be able to tell you if the course is approved in NH.
7) What is the New Hampshire definition of ethics/professionalism?
Courses meeting the NH ethics/professionalism requirement deal with the areas of legal ethics (Rules of Professional Conduct), professionalism and the prevention of malpractice and substance abuse, as well as attorney-client relations. Only courses specifically designed to deal with these issues will qualify for ethics/ professionalism credit.
8) Do I have to file my completed Certificate of Compliance with NHMCLE for 2010?
Only lawyers who were NOT in compliance as of June 30, 2010 will have to respond to their PINK Certificates, as directed on its reverse side. The Certificate of Compliance, sent by US Mail at the end of August, reflects credits reported to NHMCLE between July 1, 2009 and June 30, 2010, the end of the compliance year. All the courses lawyers completed during this period should be listed. Please review the line titled, “Shortage” in the summary box in the upper right corner of the Certificate for credit status.
Those receiving PINK forms need to complete additional credits to comply. Copies of the attendance records for new courses that do not appear on the Certificate should be attached to the back of the Certificate before mailing the signed Certificate back to NHMCLE. Additional instructions are on the back of the Certificate and included in the mailing.
Lawyers receiving white forms are in compliance and only need to verify that the course and credits listed are correct, and notify NHMCLE by October 1st if corrections are needed.
Lawyers receiving blue forms are exempt from the CLE requirement for 2010. They should review any course entries for accuracy and notify NHMCLE by October 1st if corrections are needed.
9) Do I need to save any information about my CLE course completion?
Yes. All your attendance is subject to the annual audit. Lawyers must have attendance records from the sponsor of each course they complete and have them accessible. SC Rule 53 specifies that these records must be kept for 2 years following compliance. In the event of an audit, the attendance record provides proof of course completion.
10) How soon after my admission to NHBA am I required to comply with SC Rule 53?
The NHMCLE reporting year runs from July 1st-June 30th. Those lawyers admitted between July 1st and September 30th must comply for the year ending the following June 30th. If you are admitted October 1st-June 30th, you are exempt from the requirement for the year that ends on that June 30th.
Under a separate Court rule, you are required to complete the NHBA-CLE course, Practical Skills, within 2 years of admission. Please direct any questions about the requirement and the course to the NHBA-CLE Dept
. The credits earned by completing the Practical Skills course will count toward the annual CLE requirement in the first year you are required to file or the year in which you complete the course, if your exemption has expired.
11) Are there any specific program topics that will NOT qualify for CLE credit?
Yes. Regardless of the sponsor, no CLE credit is granted for courses dealing with client development, rainmaking, website design, marketing or branding a law practice, hiring and compensation of lawyers or staff, general office skills and business planning for profitability.
12) How do I access my online CLE record?
If you have never used the For Members area of the Web site and do not know your username and password, send an email to email@example.com
and indicate "member login" in the subject field and a response will be sent as soon as possible after verifying your member status.
Go to and log into the For Members area
. Select NHMCLE Attorney Records. On the next screen you will see your name under Compliance Status. ALWAYS select the word "Attendance" at the top of the page to review your individual course details. This is the only page where credit totals are listed.
You may request revisions to credit hours listed online by clicking on the ? next to the course title, explaining the problem in the email that is automatically generated and sending it to the NHMCLE Office. The email already contains the course information.
13) How can I make corrections to my online record?
You cannot add courses to your online record. You have to follow the application process within 30 days of course completion (see #6 above) or request that the Annual Sponsor report your attendance. You may request revisions to the credit hours already listed online by clicking on the ? next to the course title, explaining the problem in the email that is automatically generated and sending it to the NHMCLE Office. The email already contains the course information. When the correction has been made, you will be sent a confirmation.
14) May I add courses to my online record that do not appear?
You cannot add new courses. The NHMCLE Office enters attendance after receiving reports from Annual or individual sponsors whose courses have been approved in NH. Attendance is also entered as a result of an approved application from a lawyer. Sponsors have 30 days to enter program attendance. Please contact the sponsor if a course you attended does not appear in your record after that time.
15) How do I get credit for teaching?
Within 30 days of course completion, complete the Teaching Credit Worksheet
and submit it with an Attorney Credit Application
with attachments, if the course has not been approved for credit. Teaching credit may be claimed only for programs that have been presented by an Annual Sponsor or approved individually for CLE credit. Teaching pre-JD courses or participating in mock trial competitions do not qualify. Teaching qualifies as nonlive credit.
If you taught a course that already appears in your record, submit an email request to update your record by clicking the ? next to the title. You will also have to provide the length of time of your presentation, the length of time you attended and whether or not you presented an ethics portion of the program.
16) How do I claim credit for publications I authored?
Publication credit may be claimed for presentation or authorship of articles for a legal, not a general audience in the year of publication. This type of nonlive credit is not granted for the creation of CLE materials. Within 30 days of publication, download the worksheet
and an Attorney Credit Application Form online
. On the Attorney Credit Application Form, enter the publisher of the article as the sponsor; the date of publication will be the date of activity, and the title of activity will be the title of the article. Submit forms by mail to update your online record. Be prepared to supply an electronic copy of your article and information about the program, if you made a presentation.
17) What are Carry Back Credits in my online record and on my Certificate of Compliance?
These are credits earned after July 1, 2009, in the 2010 compliance period that were needed to complete your compliance for 2009. The credits, shown as a negative amount, were subtracted from the course(s) that follow and were applied to your 2009 compliance. Any remaining credits are applied to your 2010 compliance.
18) What are Carry Forward Credits in my online record and on my Certificate of Compliance?
These are credits earned before July 1, 2010 in excess of the requirement and may be used for your 2010 compliance. SC Rule 53 provides that you may carry forward up to one year’s worth of credit to the next compliance period, 2 ethics, 5 live and 5 nonlive credits.
19) Do I still have to comply if I change my NHBA status to inactive?
It depends when your status change occurs within the compliance period (July 1-June 30). If you are notified by NHBA that your status change takes effect before April 1st, you receive an automatic exemption for the year that ends the next June 30th and for future years. If your status change takes effect after April 1st, you have to make a choice BEFORE June 30th to either complete your CLE as usual OR request an exemption from the CLE requirement in writing to the NHMCLE Board. Contact the NHMCLE office
20) How can I get copies of my Certificates of Compliance from previous years?
The NHMCLE Board saves the three most recent years of Certificates. Copies are available for a prepaid fee of $5 per compliance year (July 1-June 30). You may send a written request with your NHBA ID number and a check payable to NHMCLE or call the NHMCLE Office at 603-224-6942 with a Visa, MC or Discover card to pay the fees.