Wisconsin Lawyer
Vol. 79, No. 10, October 2006

Avoid CLE Reporting Errors

• WisBar Helps You Meet CLE Attendance Reporting Requirements

by John E. Kosobucki

Complying with the continuing legal education (CLE) reporting requirements isn't difficult, but it does require some planning - and that's something that busy lawyers might overlook. The Wisconsin Supreme Court mandates CLE attendance so that lawyers are kept current in the law, thereby protecting the public. Because of the stated reasons for mandating CLE, not complying with the requirements can have serious consequences.

Attorneys admitted to practice in even-numbered years should receive the 2005 - 06 CLE Form 1, the continuing legal education reporting form, in mid-October. All active Wisconsin-licensed attorneys are required by SCR 31.03 to file a CLE Form 1 with the Board of Bar Examiners (BBE) biennially. The deadline is Dec. 31, 2006, for completing all required coursework and filing the form. Attorneys who file the form after Feb. 1, 2007, are subject to late fees and possible suspension from practice. Attorneys admitted to practice in 2006 do not need to report until 2008.

The following tips will help you avoid common reporting errors.

1) Keep good records. If you keep track of the courses you attended during the reporting period, completing the form should take only a few minutes. Some attorneys keep the course brochures in a file and use that information when filling out the form. Others have developed spreadsheets of the courses they've attended, along with locations, dates, providers, and so on, and submit the spreadsheet with the form. Others use the My CLE Tracker on the State Bar's Web site to record seminars attended through the State Bar. Log on to My State Bar at www.wisbar.org to use My CLE Tracker. Effective Oct. 15, 2006, the BBE also will offer a fillable CLE Form 1 on its Web site (www.wicourts.gov/bbe). Important caveat: For this reporting period, however, attorneys who use the BBE's online fillable form will have to complete the form, print and sign it, and mail it in with the signed original form received from the BBE.

2) File the form yourself. It is each attorney's personal responsibility, not his or her secretary's, to fill out the form, sign it, and send it in on time. It also is the attorney's responsibility to make sure that the BBE has approved the listed courses. A complete, searchable list of approved courses for the current year and the two previous years is available on the BBE Web site.

3) Sign the form. The CLE Form 1 is a sworn document and requires the attorney's valid signature, which serves to attest to the truth of the form's contents. If your form is unsigned, the BBE will return it. If your signed form is late when it gets back to the BBE, you will be subject to a late fee.

4) Be sure the course is BBE approved. If the BBE has not approved a course you've attended for CLE credit, you can still submit a CLE Form 2 to request individual course approval. But approval can take several weeks. Don't wait until the last minute to obtain course approval; do it as soon as you have taken a course. The better method is to ask the course provider to apply for course approval.

5) File early. Timely filing of the CLE Form 1 is critical. The BBE mails the first notice in October and does a follow-up mailing in November. The earlier you file the form, the earlier it will be audited, and the sooner deficiencies can be found. Hopefully, that will give you time to make up any credits that you are short. Remember, coursework must be completed by Dec. 31.

6) Adhere to filing deadlines. December 31 is the filing deadline, and forms must be received in the BBE office by Jan. 2, 2007, to avoid a late filing fee. The BBE allows a grace period for filing the report form until Feb. 1, but forms received after that date are subject to a late fee. The grace period does not apply to course completion; all courses must be completed by Dec. 31.

As required by SCR 31.10, if you have not complied with the reporting requirement by April 1, the BBE will send you a certified mail notice of noncompliance in mid-April warning that your law license will be suspended 60 days from the notice date unless you fully comply by that time. If your license is suspended for noncompliance, the BBE will notify you, the supreme court clerk, all Wisconsin circuit courts, the Office of Lawyer Regulation (OLR), and the State Bar of the suspension.

7) Nonpracticing and nonresident attorneys also must file. Nonresident attorneys and in-state attorneys who have not practiced law in Wisconsin at any time during the reporting period are exempt from the attendance requirement but not the reporting requirement. Check the appropriate box on the form.

8) Read your mail. The BBE routinely sends out two CLE reporting forms, one in October and another in November, to your official address on file with the State Bar. Pay close attention if the BBE sends you a deficiency notice or a notice of potential suspension; this is serious business. If you are suspended, you will have to file a petition for reinstatement and pay a reinstatement fee. And, if you practice law during the suspension, you may be referred to the OLR.

Following these tips will help you comply with the CLE reporting requirements. For more information, contact BBE CLE Records manager Tammy McMillen at (608) 261-2350, or BBE Director John Kosobucki at (608) 261-2347.

Wisconsin Lawyer