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Completing the CLE section of the Attorney Registration Form


FAQs

In Section C of the Attorney Registration Form you report your CLE compliance. Check only one of the certifications in Section C.

Certification 1 – Completed CLE credit requirement

Who should check Certification 1?

Should I attach certificates of attendance to the Attorney Registration Form?

Do I specifically indicate the number of credits I completed in each particular category of credit (Skills, Law Practice Management, Areas of Professional Practice or Ethics and Professionalism)?

What if I earned more credits than the requirement?

What if I earned fewer credits than the normal requirement because I was eligible for and completed a prorated requirement?

Do I specifically indicate I was eligible for and completed a prorated requirement?

What should I include in the designated space for carry-over credits?

I am a newly-admitted attorney, my registration is due, but I haven’t yet reached my second anniversary of admission. How should I complete the Attorney Registration Form?

I am a newly-admitted attorney, my registration is due, and it is more than two years since I was admitted to the New York Bar. How should I complete the Attorney Registration Form?

Certification 2 – Exempt from CLE credit requirement

Who should check Certification 2?

Who is exempt?

May I check Certification 2 if I was exempt for only part of my CLE reporting cycle?

Certification 3 – Applied for extension, waiver or modification

Who should check Certification 3?

How do I apply for an extension, waiver or modification?

If I complete an application for an extension, waiver or modification, does that mean I should delay submitting my Attorney Registration Form until I hear back from the CLE Board (or until I complete my remaining requirement)?

What if I have additional questions?

Certification 1 – Completed CLE credit requirement
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Q] Who should check Certification 1?

A] Attorneys who either: (1) completed the normal CLE requirement on time, or (2) were eligible for and completed a prorated CLE requirement on time.


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Q] Should I attach certificates of attendance to the Attorney Registration Form?

A] No. Retain your certificates of attendance for at least four years, in case of audit.


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Q] Do I specifically indicate the number of credits I completed in each particular category of credit (Skills, Law Practice Management, Areas of Professional Practice or Ethics and Professionalism)?

A] No. Even though you are required to complete a certain number of credits in a particular category (or categories) of credit, add up all of the credits you are reporting regardless of the category of credit. Retain your certificates of attendance in case of audit; the certificates should indicate the categories of credit.


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Q] What if I earned more credits than the requirement?

A] You may report all the credits you earned. The number of credits you report may be greater than your requirement.


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Q] What if I earned fewer credits than the normal requirement because I was eligible for and completed a prorated requirement?

A] That’s fine. You may report all the credits you earned. The number of credits you report may be less than the normal requirement if you were eligible for and completed a prorated requirement.


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Q] Do I specifically indicate I was eligible for and completed a prorated requirement?

A] No. Report the credits you completed and check Certification 1. If audited, you will explain your specific circumstances.


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Q] What should I include in the designated space for carry-over credits?

A] In general: (a) if you are an experienced attorney, you may include up to six credits earned during your last reporting cycle that were in excess of your requirement for that cycle, or (b) if you are a newly admitted attorney, you should leave this space blank, as you do not have a prior cycle from which to carry over credit. (If you are a newly admitted attorney, you should include credits carried over from year 1 to year 2 within your newly admitted cycle in the total of all credits completed. The next time you complete an Attorney Registration Form you will be able to report carry-over credit, if any.)


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Q] I am a newly admitted attorney, my registration is due, but I haven’t yet reached my second anniversary of admission. How should I complete the Attorney Registration Form?

A] It depends on whether you completed the first-year requirement for newly admitted attorneys on time. No matter when you register, you must earn 16 credits (in specific categories) during your first year of admission, and another 16 credits (in specific categories) during your second year of admission. If your registration is due before the second anniversary of your admission to the Bar and you completed at least 16 credits in the proper categories during your first year of admission, you may certify you are in full compliance (and may report the total number of credits completed). You must complete the remaining credits during the remainder of your second year of admission. You do not notify the CLE Board when you complete your remaining credits; however, you must retain your certificates of attendance. If you did not complete your first-year requirement on time, you should submit an application for an extension of time. See Certification 3 below.


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Q] I am a newly-admitted attorney, my registration is due, and it is more than two years since I was admitted to the New York Bar. How should I complete the Attorney Registration Form?

A] It depends on whether you completed the CLE requirement for newly admitted attorneys on time. No matter when you register, you must earn 16 credits (in specific categories) during your first year of admission, and another 16 credits (in specific categories) during your second year of admission. If your registration is due after the second anniversary of your admission to the Bar, you may certify you are in full compliance (and may report the total number of credits completed for the newly admitted cycle) if you completed the proper credits, in the proper categories, in each of your first two years of admission to the Bar. If you did not complete your newly admitted attorney requirement on time, you should submit an application for an extension of time. See Certification 3 below.


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Certification 2 – Exempt from CLE credit requirement

Q] Who should check Certification 2?

A] Attorneys who are able to certify to both parts “A” and “B” of Certification 2. To certify to part “A,” an attorney must have been exempt for the entire CLE reporting cycle. (Details on “Who is exempt?” are provided below.) To certify to part “B,” the attorney must have complied with the CLE requirement to which he/she is subject in any other jurisdiction in which admitted (or must not be subject to a CLE requirement in any other jurisdiction). Again, to check Certification 2, an attorney must certify to both parts “A” and “B.”


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Q] Who is exempt?

A] An attorney who, for the entire cycle: (1) was “retired” from the practice of law (see section 118.1[g] of the Rules of the Chief Administrator of the Courts and section 468-a of the Judiciary Law), (2) was a full-time member of the military on active duty, or (3) did not practice law in New York. Keep in mind that all members of the New York Bar are presumed to be practicing law in New York unless otherwise shown. (Please note that CLE staff is not permitted to advise attorneys on whether their specific activities constitute the practice of law in New York. An attorney may need to research whether a particular activity constitutes the practice of law in New York.) An exemption from the CLE requirement does not affect an attorney’s good standing with the New York Bar, nor the attorney’s ability to resume the practice of law in New York at a later date.


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Q] May I check Certification 2 if I was exempt for only part of my CLE reporting cycle?

A] No. To check Certification 2, you must have been exempt for your entire CLE reporting cycle. If you were not exempt for your entire cycle you may have to complete the normal requirement or a prorated requirement, depending on your specific activities. You should complete either Certification 1 or Certification 3. Example: An experienced attorney practices law in New York for only the first month of his/her reporting cycle and then “retires” from the practice of law. The attorney has a prorated requirement of 1 credit and completes the prorated requirement. The attorney completes Certification 1 and enters “1” credit. (For more information on prorated credits, see the “Attorney Info” section of the CLE Web site, including the page titled “Not Practicing Law in New York.”)


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Certification 3 – Applied for extension, waiver or modification
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Q] Who should check Certification 3?

A] Attorneys who have requested an extension, waiver or modification of the CLE requirement from the CLE Board and whose application is either pending or approved. An attorney may not request an extension, waiver or modification on the Attorney Registration Form. The attorney must first submit an application to the CLE Board and then complete Certification 3 on the Attorney Registration Form.


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Q] How do I apply for an extension, waiver or modification?

A] You must complete an application form and send it to the CLE Board. Application forms for an extension and for a waiver or modification are available on the CLE Web site.


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Q] If I complete an application for an extension, waiver or modification, does that mean I should delay submitting my Attorney Registration Form until I hear back from the CLE Board (or until I complete my remaining requirement)?

A] No. Filing an application with the CLE Board does not exempt you from the responsibility of filing your Attorney Registration Form and paying the required fee in a timely manner. You will have the opportunity to update your CLE record by completing an Attorney Registration CLE Update Form.


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Q] What if I have additional questions?

A] First, check the CLE Web site, www.nycourts.gov/attorneys/cle. The answers to many frequently asked questions are provided on the CLE Web site, including general information about the CLE requirement, prorated credits and carry-over credits. (See the “Attorney Info” section.) If you cannot find the answers to your questions on the Web site, please contact the CLE office at 212-428-2105 or toll free from outside New York City at 1-877-NYS-4CLE.


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