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Bar News - May 17, 2002


Record Number of Lawyers Suspended for Non-Compliance

By:

 

Check Your NHMCLE Records!

THIS YEAR, THE NH Supreme Court has suspended more lawyers than ever before for failing to complete the CLE requirement outlined in SC Rule 53 for the year ending June 30, 2001. In total, 14 lawyers have been suspended from the practice of law until they complete the CLE requirement and pay their late filing fees.

Previously, the largest number of lawyers suspended in a year was nine in 1993, the first year of the NHMCLE program. At that time, more lawyers also missed the initial filing deadline of Aug. 1, which could be attributed to an adjustment period for the new requirement. Subsequently, an average of seven suspensions per year have been ordered for NHMCLE non-compliance.

The state in which the 2001 suspended lawyers practice is noteworthy: Seven practice in Massachusetts, where there is no CLE requirement, but the state does have a variety of NH-accredited sponsors. Four of the suspended attorneys are from NH, and one each from the District of Columbia, Maine and Vermont, all jurisdictions with a requirement.

"CLE credits earned to meet other states' MCLE requirements can normally be used to satisfy our New Hampshire requirement as well," noted Douglas R. Chamberlain, NHMCLE Board chair.

"Aside from the many other benefits of CLE, given the time, expense and disruption to your practice that even a brief suspension entails, the two days typically needed to complete your annual MCLE requirement is a sound investment indeed, particularly since there are many ways to satisfy this requirement with minimal effort, expense and time away from the office," Chamberlain concluded.

Members are reminded that half of their 12 CLE-credit total may be completed through the use of video/audio tapes of NHMCLE-approved programs. There are also CLE computer programs and other non-traditional format courses available that may count for credit. Each must be approved by the NHMCLE Board before being listed on the Certificate of Compliance, unless an Annual Sponsor presents the program. See the NHMCLE Information page for the list of Annual Sponsors and to download a copy of the Attorney Credit Application Form.

This year's NHMCLE compliance booklet will be mailed to all members early next month, along with a survey on the aspects of the rule and lawyers' record-keeping. (See related article.)

This is a great time of year to assess your CLE status for the year ending June 30, 2002, and to arrange your program attendance, if necessary. Step one is to review line 12 on the correct copy of last year's filing to see if you have any carry-over credits for 2002, and if so, what type. If you are unable to locate your copy of the certificate, please send a letter of request with your NHBA ID number and a check for $5 made out to the NHMCLE Board to: NHMCLE Office, NH Bar Association, 112 Pleasant St., Concord, NH 03301. A copy of your certificate will then be mailed to you. You may also call Lee Jones in the NHMCLE office and charge the fee to a Visa or MasterCard to have your certificate faxed to you. Payment in advance is required.

The NHMCLE Board encourages you to submit applications as soon as possible for all programs not approved in NH, unless presented by an Annual Sponsor. If you have further questions for which you can't find an answer on the Web site, or if you have a particular situation that prevents you from the timely completion of CLE credits, please contact Lee Jones as soon as possible, who will show you how to avoid the sanctions and penalties assessed to non-filers after Aug. 1.

Lee Jones is the administrator of the NHMCLE program.

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