The Missouri Bar Board of Governors is considering proposed amendments to Supreme Court Rule 15 that would change the minimum requirements for continuing legal education hours devoted to professionalism, ethics, or malpractice prevention.  A copy of the proposed changes can be found here (no longer available).

Under the current system:

        Each lawyer shall complete at least three credit hours of accredited programs and activities devoted exclusively to professionalism, legal or judicial ethics, or malpractice prevention. . . .  Such programs and activities shall be completed on or before June 30, 1993, and at least every three years thereafter.

Mo. Ct. R. 15.05(f) [now Mo. Ct. R. 15.05(f)(1)].  In short, we are required to complete three credit hours of CLE programs devoted to professionalism, ethics, or malpractice prevention every three years.

Under the proposed changes to Rule 15:

        Except as provided in Rule 15.05(c), each lawyer shall complete and report at least two credit hours of accredited programs and activities devoted exclusively to professionalism, legal or judicial ethics, or malpractice prevention each reporting year beginning on or after July 1, 2009. A lawyer reporting more than two credit hours of accredited programs and activities devoted exclusively to professionalism, legal or judicial ethics or malpractice prevention during one reporting year may receive credit in the next succeeding reporting year for the excess hours to apply to the requirement of subdivision (f) of Rule 15.05.

Mo. Ct. R. 15.05(f) (Changes proposed June 18, 2009).  In other words, we would now be required to complete two credit hours of CLE programs devoted to professionalism, ethics, or malpractice prevention every year.  However, if we complete more than two hours in a given year, the excess hours would carryover to the following year.

You can provide your comments to the Missouri Bar here (no longer available), and you can read the comments that others have made here (no longer available).

I personally like the flexibility that we currently have as a result of the three year reporting period.  Granted, I usually cannot remember where in the reporting period we are, which can lead to moments of panic.  On the other hand, an annual reporting requirement is simpler for both attorneys and the Missouri Bar.  Unfortunately, the change is not just to the reporting period.  The proposed changes double the hours required.  I would think that simply changing the reporting period so that attorneys are required to complete one hour every year as opposed to three hours every three years would help keep these issues fresh in our minds.  If more hours are needed, I would think an annual requirement of one and a half hours of CLE programs devoted to professionalism, ethics, or malpractice prevention every year would be sufficient.

I am not sure that any change in the professionalism, ethics, or malpractice prevention CLE program requirements is needed.  However, I do not have an objection to changing to an annual reporting period.  If the reporting requirements are to be increased, I would suggest only increasing to one and a half hours per year rather than doubling the current requirement.

NOTE:  The Supreme Court amended Rule 15.05(f) by Order dated November 16, 2009. [Updated November 4, 2011.]