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    Wisconsin Lawyer
    October 01, 2003

    Legal News and Trends

    Wisconsin Lawyer
    Vol. 76, No. 10, October 2003

    Legal News & Trends

    Seven Common CLE Reporting Errors

    Attorneys admitted to practice in odd-numbered years should receive the 2003 - 04 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. This year's filing deadline is Dec. 31. Attorneys admitted to practice in 2003 do not need to report until 2005.

    "It seems the most difficult aspects of earning CLE credits can be filling out CLE Form 1 accurately and submitting it early enough to catch a deficiency before it's too late to avoid the consequences," says Gene R. Rankin, BBE director. "Consequences can include a fine or even license suspension." Rankin urges attorneys to file early and to keep good records. "Attorneys who wait until the last minute to file can suddenly find they are short credits, and oftentimes there isn't enough time to earn those credits before the deadline. Another major problem is not keeping accurate records, which complicates filling out the form."

    Rankin outlines the seven most common CLE reporting form errors and offers ideas to make the process less complicated.

    1. Filing late. The earlier you file, the earlier your form is audited, and the more likely deficiencies will be detected while there is still time to make up missing credits. Filing late also can land your form in a huge pile of late-filers, which can result in a late audit and late fees if there are deficiencies.

    2. Form filled out by someone else. Take personal responsibility. Fill out the form yourself.

    3. Inaccurate information. Reporting the accurate date, title, and sponsor is critical. Many sponsors offer dozens of courses, and it is impossible for BBE staff to determine which course is being reported if the information is incomplete or inaccurate.

    "When you take a CLE course, write down the necessary information, file the course brochure and payment receipt in a folder, and record the course on your calendar," says Rankin. "When the CLE Form 1 arrives, the necessary information is easy to get to, and you are ready to go."

    4. Inaccurate mailing address. The BBE mails your form to the address on file with the State Bar. If you don't receive the form and therefore don't file, your license could be suspended.

    5. Unapproved courses. Never assume courses have been approved for Wisconsin credit. Check the BBE Web site at www.wicourts.gov/bbe/wisconsin_supreme_continuing_legal_ education.html to access a searchable database for approved CLE courses.

    6. Unsigned form. CLE Form 1 is a sworn document and requires a signature to testify to the truth of its contents.

    7. Read your mail. The BBE routinely sends out two CLE reporting forms, one in October and another in November. Attorneys who have not filed by the Dec. 31 deadline receive a warning in March.

    A certified mail notice is sent to attorneys not in compliance in April, warning them that failure to comply in 60 days will result in suspension. Certified mail notices of suspension are sent in June.

    "If the BBE sends you a deficiency notice, pay close attention," says Rankin. "If you filed and there is a deficiency in your report that is not corrected it will result in suspension. The State Bar publishes attorneys' license status on its Web site, WisBar. Avoid the embarrassment of having your clients learn about your suspension through WisBar."

    For more information, contact BBE CLE Records Manager Tammy McMillen at (608) 261-2350.


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