Admission to the Bar
Proposed Rule Amendments
The Process and Your Comments
Proposed amendments to the Rules of the North Carolina State Bar are published for comment during the quarter after the council of the North Carolina State Bar approves their publication. The proposed amendments are published in the North Carolina State Bar's Journal and on this website. After publication for comment, the proposed rule amendments are considered for adoption by the council at its next quarterly meeting. If adopted, the rule amendments are submitted to the North Carolina Supreme Court for approval. Amendments become effective upon approval by the court. Unless otherwise noted, proposed additions to rules appear in in bold and underlined print, deletions are interlined. Proposed amendments to the Rules of Professional Conduct appear at the end of the page.
The State Bar welcomes your comments regarding proposed amendments to the rules. Please send a written response to L. Thomas Lunsford II, The North Carolina State Bar, PO Box 25908, Raleigh, NC 27611, or comments@ncbar.gov, by September 30, 2011.
Below are the rule amendments from the most recent meeting of the State Bar Council in July 2011.
Proposed Amendments to the Rules Governing IOLTA
27 N.C.A.C. 1D, Section .1300, Rules Governing the Administration of the Plan for Interest on Lawyers’ Trust Accounts (IOLTA)
Amendment Pending Approval of the Supreme Court
Recently enacted legislation (N.C. Gen. Stat. 45A-9) requires the interest-bearing trust and escrow accounts of settlement agents to be established as IOLTA accounts. The proposed rule amendments set forth the requirements for doing so.
.1301 Purpose
The IOLTA Board of Trustees (board) shall carry out the provisions of the Plan for Interest on Lawyers’ Trust Accounts and administer the IOLTA program (NC IOLTA). Any funds remitted to the North Carolina State Bar from banks by reason of interest earned on general trust accounts established by lawyers pursuant to Rule 1.15-2(b) of the Rules of Professional Conduct or interest earned on trust or escrow accounts maintained by settlement agents pursuant to N.C.G.S. 45A-9 shall be deposited by the North Carolina State Bar through the board in a special account or accounts which shall be segregated from other funds of whatever nature received by the State Bar.
….
.1312 Source of Funds
Funding for the program carried out by the board shall come from funds remitted from depository institutions by reason of interest earned on trust accounts established by lawyers pursuant to Rule 1.15 of the Rules of Professional Conduct and Rule .1316 of this subchapter or interest earned on trust or escrow accounts maintained by settlement agents pursuant to N.C.G.S. 45A-9; voluntary contributions from lawyers; and interest, dividends, or other proceeds earned on the board’s funds from investments or from other sources intended for the provision of legal services to the indigent and the improvement of the administration of justice.
.1316 IOLTA Accounts
(a) IOLTA Account Defined. Pursuant to order of the North Carolina Supreme Court, every general trust account, as defined in the Rules of Professional Conduct, must be an interest or dividend-bearing account. (As used herein, “interest” shall refer to both interest and dividends.) Funds deposited in a general, interest-bearing trust account must be available for withdrawal upon request and without delay (subject to any notice period that the bank is required to reserve by law or regulation). Additionally, pursuant to N.C.G.S. 45A-9, a settlement agent who maintains a trust or escrow account for the purposes of receiving and disbursing closing funds and loan funds shall direct that any interest earned on funds held in that account be paid to the NC State Bar to be used for the purposes authorized under the Interest on Lawyers Trust Account Program according to section .1316(d). For the purposes of these rules, all such accounts shall be known as “IOLTA Accounts” (also referred to as “Accounts”).
(b) Eligible Banks. Lawyers may maintain one or more IOLTA Account(s) only at banks and savings and loan associations chartered under
(c) Notice Upon Opening or Closing IOLTA Account. Every lawyer/ or law firm or settlement agent maintaining IOLTA Accounts shall advise NC IOLTA of the establishment or closing of each IOLTA Account. Such notice shall include (i) the name of the bank where the account is maintained, (ii) the name of the account, (iii) the account number, and (iv) the name and bar number of the lawyer(s) in the firm and/or the names(s) of any non-lawyer settlement agents maintaining the account. The North Carolina State Bar shall furnish to each lawyer/ or law firm or settlement agent maintaining an IOLTA Accounts a suitable plaque explaining the program, which plaque shall be exhibited in the office of the lawyer/ or law firm or settlement agent.
(d) Directive to Bank. Every lawyer or law firm and every settlement agent maintaining North Carolina IOLTA Accounts shall direct any bank in which an IOLTA Account is maintained to:
(1) remit interest, less any deduction for allowable reasonable bank service charges or fees, (as used herein, “service charges” shall include any charge or fee charged by a bank on an IOLTA Account) as defined in paragraph (e), at least quarterly to NC IOLTA;
(2) transmit with each remittance to NC IOLTA a statement showing for each account: (i) the name of the law firm/ or lawyer or settlement agent maintaining the account, (ii) the lawyer/ or law firm’s or settlement agent’s IOLTA Account number, (iii) the earnings period, (iv) the average balance of the account for the earnings period, (v) the type of account, (vi) the rate of interest applied in computing the remittance, (vii) the amount of any service charges for the earnings period, and (viii) the net remittance for the earnings period; and
(3) transmit to the law firm/ or lawyer or settlement agent maintaining the account a report showing the amount remitted to NC IOLTA, the earnings period, and the rate of interest applied in computing the remittance.
(e) Allowable Reasonable Service Charges. Eligible Banks may elect to waive any or all service charges on IOLTA Accounts. If a bank does not waive service charges on IOLTA Accounts, allowable reasonable service charges may be assessed but only against interest earned on the IOLTA Account or funds deposited by the lawyer/ or law firm or settlement agent in the IOLTA Account for the purpose of paying such charges. Allowable reasonable service charges may be deducted from interest on an IOLTA Account only at the rates and in accordance with the bank’s standard practice for comparable non-IOLTA accounts.…
.1318 Confidentiality
(a) As used in this rule, “confidential information” means all information regarding IOLTA account(s) other than (1) a lawyer/’s or law firm’s or settlement agent’s status as a participant, former participant, or non-participant in NC IOLTA, and (2) information regarding the policies and practices of any bank in respect of IOLTA trust accounts, including rates of interest paid, service charge policies, the number of IOLTA accounts at such bank, the total amount on deposit in all IOLTA accounts at such bank, the total amounts of interest paid to NC IOLTA, and the total amount of service charges imposed by such bank upon such accounts.
(b) Confidential information shall not be disclosed by the staff or trustees of NC IOLTA to any person or entity, except that confidential information may be disclosed (1) to any chairperson of the Grievance Committee, staff attorney, or investigator of the North Carolina State Bar upon his or her written request specifying the information requested and stating that the request is made in connection with a grievance complaint or investigation regarding one or more trust accounts of a lawyer/ or law firm or settlement agent; or (2) in response to a lawful order or other process issued by a court of competent jurisdiction, or a subpoena, investigative demand, or similar notice issued by a federal, state, or local law enforcement agency.
.1319 Certification
Proposed Amendments to The Plan of Legal Specialization
27 N.C.A.C. 1D, Section .1700, Minimum Standards for Certification of Specialists
Amendment Pending Approval of the Supreme Court
The proposed amendments clarify that the evaluation of a specialization applicant’s peer review information includes consideration of each peer reference’s practice experience, particularly in the specialty, and relationship to the applicant. The proposed amendments also allow judicial service to satisfy the substantial involvement requirement for recertification.
.1720 Minimum Standards for Certification of Specialists
(a) To qualify for certification as a specialist, a lawyer applicant must pay any required fee, comply with the following minimum standards, and meet any other standards established by the board for the particular area of specialty.
(1) ….
(4) The applicant must make a satisfactory showing, as determined by the board after advice from the appropriate specialty committee, of qualification in the specialty through peer review by providing, as references, the names of at least five lawyers, all of whom are licensed and currently in good standing to practice law in this state, or in any state, or judges, who are familiar with the competence and qualification of the applicant as a specialist. None of the references may be persons related to the applicant or, at the time of application, a partner of or otherwise associated with the applicant in the practice of law. The applicant by his or her application consents to confidential inquiry by the board or appropriate disciplinary body and other persons regarding the applicant’s competence and qualifications to be certified as a specialist.
(A) Each specialty committee shall evaluate the information provided by an applicant’s references to make a recommendation to the board as to the applicant’s qualification in the specialty through peer review. The evaluation shall include a determination of the weight to be given to each peer review and shall take into consideration a reference’s years of practice, primary practice areas and experience in the specialty, and the context in which a reference knows the applicant.
(5) ….
(b) ….
.1721 Minimum Standards for Continued Certification of Specialists
(a) The period of certification as a specialist shall be five years.…To qualify for continued certification as a specialist, a lawyer applicant must pay any required fee, must demonstrate to the board with respect to the specialty both continued knowledge of the law of this state and continued competence, and must comply with the following minimum standards.
(1) The specialist must make a satisfactory showing, as determined by the board after advice from the appropriate specialty committee, of substantial involvement (which shall be determined in accordance with the principles set forth in Rule .1720(a)(2) of this subchapter) in the specialty during the entire period of certification as a specialist. Substantial involvement for continued certification shall be determined in accordance with the principles set forth in Rule .1720(a)(2) of this subchapter and the specific standards for each specialty. In addition, unless prohibited or limited by the standards for a particular specialty, the following judicial service may be substituted for the equivalent years of practice experience if the applicant’s judicial service included presiding over cases in the specialty: service as a full-time state or federal trial, appellate, or bankruptcy judge (including service as a federal magistrate judge); service as a judge for the courts of a federally recognized Indian tribe; service as an administrative law judge for the Social Security Administration; and service as a commissioner or deputy commissioner of the Industrial Commission.
(2) ….
Proposed Amendments to the Membership Rules
27 N.C.A.C. 1A, Section .0200, Membership—Annual Membership Fees
In the last edition of the Journal, a proposed new rule defining “good standing” was published for comment. At its October meeting, the Council voted to revise and republish the proposed rule. The proposed rule clarifies when a certificate of good standing will be issued to a member of the State Bar. The proposed rule is entirely new. Revisions since last publication are shown in bold, underlined font.
.0204 Good Standing Definition and Certificates
(a) Definition
A lawyer who is an active member of the North Carolina State Bar and who is not subject to a pending administrative or disciplinary suspension or disbarment order or an order of suspension that has been stayed is in good standing with the North Carolina State Bar. An administrative or disciplinary suspension or disbarment order is “pending” if the order has been announced in open court by a state court of competent jurisdiction or by the Disciplinary Hearing Commission or if the order has been entered by a state court of competent jurisdiction, by the Council or by the Disciplinary Hearing Commission but has not taken effect. “Good standing” makes no reference to delinquent membership obligations, prior discipline, or any disciplinary charges or grievances that may be pending.
(b) Certificate of Good Standing for Active Member
Upon application and payment of the prescribed fee, the Secretary of the North Carolina State Bar shall issue a certificate of good standing to any active member of the State Bar who is in good standing and who is current on all payments owed to the North Carolina State Bar. A certificate of good standing will not be issued unless the member pays any delinquency shown on the financial records of the North Carolina State Bar including outstanding judicial district bar dues. If the member contends that there is good cause for non-payment of some or all of the amount owed, the member may subsequently demonstrate good cause to the Administrative Committee pursuant to the procedure set forth in Rule .0903(e)(1) of subchapter 1D of these rules. If the member shows good cause, the contested amount shall be refunded to the member.
(c) Certificate of Good Standing for Inactive Member
Proposed Amendments to the Rules on Prepaid Legal Services Plans
27 N.C.A.C. 1E, Section .0300, Rules Concerning Prepaid Legal Services Plans
The proposed amendment will make the initial and annual registration fees paid by prepaid legal services plans nonrefundable if the registration is denied or revoked.
.0308 Registration Fee
Proposed Amendments to the Administrative Reinstatement Rules
27 N.C.A.C. 1D, Section .0900, Procedures for Administrative Committee
The proposed amendments make the following changes to the rules on reinstatement from inactive status and administrative suspension:
· Add subheadings to make the rule easier to navigate;
· Specify the effective date for the provisions approved by the Supreme Court in March 2011;
· Define “year” as 365 day period (and not a calendar year);
· Add payment of the judicial surcharge to the list of fees that must be paid for reinstatement;
· Allow active military service to offset the years of inactive status or suspension giving rise to the bar exam requirement for reinstatement;
· Prohibit an inactive or suspended member whose petition is denied from petitioning for reinstatement until the next calendar year;
· Specify that a lawyer who is inactive or suspended for 7 years or more but active in another state must fulfill CLE requirements for reinstatement; and
· Require payment of any delinquency shown on the financial records of the NC State Bar (including judicial district bar dues) and fulfillment of any delinquent administrative requirement (e.g., CLE hours; annual CLE report form; IOLTA certification) to qualify for reinstatement within 30 days of service of a suspension order
.0902 Reinstatement from Inactive Status
(a) Eligibility to Apply for Reinstatement
Any member who has been transferred to inactive status may petition the council for an order reinstating the member as an active member of the North Carolina State Bar.
(b) Definition of “Year”.
As used in this rule, a year is a 365 day period of time unless a calendar year is specified.
(c) Contents of Reinstatement Petition Requirements for Reinstatement.
The petition shall set out facts showing the following:
(1) Completion of Petition.
that the The member has provided must provide all the information requested in an application on a petition form prescribed by the council and has signed must sign the form petition under oath;.
(2) CLE Requirements for Calendar Year Before Inactive.
unless Unless the member was exempt from such requirements pursuant to Rule .1517 of this subchapter or is subject to the requirements in paragraph (b) (c)(6) of this rule, that the member satisfied must satisfy the minimum continuing legal education requirements, as set forth in Rule .1518 of this subchapter, for the calendar year immediately preceding the calendar year in which the member was transferred to inactive status, (the “subject year”), including any deficit from a prior calendar year that was carried forward and recorded in the member’s CLE record for the subject year,.
(3) Character and Fitness to Practice.
that the The member has must have the moral qualifications, competency and learning in the law required for admission to practice law in the state of North Carolina, and must show that the member’s resumption of the practice of law within this state will be neither detrimental to the integrity and standing of the Bar or the administration of justice nor subversive of the public interest;.
(4) CLE Requirements For Members Granted Inactive Status Prior to March 10, 2011.
[this provision shall be effective Effective for all members who are transferred to inactive status on or after January 1, 1996, through the effective date of these amendments March 9, 2011.] if If more than 2 years (as used in this rule, a year is measured in 12-month increments and does not refer to a calendar year) have elapsed between the date of the entry of the order transferring the member to inactive status and the date the petition is filed, that within one year prior to filing the petition, the member completed must complete 15 hours of continuing legal education (CLE) approved by the Board of Continuing Legal Education pursuant to Rule .1519. of this subchapter. Of the required 15 CLE hours, 3 hours must be earned by attending courses in the areas of professional responsibility and/or professionalism;. The CLE hours must be completed within one year prior to the filing of the petition.
(5) CLE Requirements If Inactive Less Than 7 Years.
[this provision shall be effective Effective for all members who are transferred to inactive status on or after the effective date of these amendments March 10, 2011.] if If more than 1 but less than 7 years have elapsed between the date of the entry of the order transferring the member to inactive status and the date that the petition is filed, that during the period of inactivity and within 2 years prior to filing the petition, the member has completed must complete 12 hours of approved CLE for each year that the member was inactive. The CLE hours must be completed within 2 years prior to filing the petition. For each 12-hour increment, 4 hours may be taken online; 2 hours must be earned by attending courses in the areas of professional responsibility and/or professionalism; and 5 hours must be earned by attending courses determined to be practical skills courses by the Board of Continuing Legal Education or its designee;. provided, if If during the period of inactivity the member complied with mandatory CLE requirements of another state where the member is licensed, those CLE credit hours may be applied to the requirements under this provision;.
(6) Bar Exam Requirement If Inactive 7 or More Years.
[this provision shall be effective Effective for all members who are transferred to inactive status on or after the effective date of these amendments March 10, 2011.] if If 7 years or more have elapsed between the date of the entry of the order transferring the member to inactive status and the date that the petition is filed, the member has obtained must obtain a passing grade on a regularly scheduled North Carolina bar examination; provided, each.
(A) Active Licensure in Another State. Each year of active licensure in another state during the period of inactive status shall offset one year of inactive status for the purpose of calculating the 7 years necessary to actuate this provision. If the member is not required to pass the bar examination as a consequence of offsetting, the member shall satisfy the CLE requirements set forth in paragraph (c)(5) for each year that the member was inactive.
(B) Military Service. Each calendar year in which an inactive member served on full-time, active military duty, whether for the entire calendar year or some portion thereof, shall offset one year of inactive status for the purpose of calculating the 7 years necessary to actuate the requirement of this paragraph. If the member is not required to pass the bar examination as a consequence of offsetting, the member shall satisfy the CLE requirements set forth in paragraph (c)(5).
(7) Payment of Fees, Assessments and Costs. that the
The member has paid must pay all of the following:
(A) a $125.00 reinstatement fee;
(B) the membership fee, and Client Security Fund assessment and the judicial surcharge for the year in which the application is filed;
(C) the annual membership fee, if any, of the member’s district bar for the year in which the application is filed and any past due annual membership fees for any district bar with which the member was affiliated prior to transferring to inactive status;
(D) all attendee fees owed the Board of Continuing Legal Education for CLE courses taken to satisfy the requirements of Rule .0902(b)(2) and (4) paragraphs (c)(2), (4), and (5) above;
(E) any costs previously assessed against the member by the chairperson of the Grievance Committee, the Disciplinary Hearing Commission; and/or the secretary or council of the North Carolina State Bar; and
(F) all costs incurred by the North Carolina State Bar in investigating and processing the application for reinstatement.
The reinstatement fee, costs, and any past due district bar annual membership fees shall be retained; however, the State Bar and district bar membership fees assessed for the year in which the application is filed shall be refunded if the petition is denied.
(d) (c) Service of Reinstatement Petition…
[re-lettering paragraphs (d) through (g)]
(i) Denial of Petition.
When a petition for reinstatement is denied by the Council in a given calendar year, the member may not petition again until the following calendar year. The reinstatement fee, costs, and any fees paid pursuant to paragraph (c)(7) shall be retained. However, the State Bar membership fee, Client Security Fund assessment, judicial surcharge and district bar membership fee assessed for the year in which the application is filed shall be refunded.
.0904 Compliance Reinstatement from After Suspension for Failure to Fulfill Obligations of Membership
(a) Reinstatement Compliance Within 30 Days of Service of Suspension Order.
A member who receives an order of suspension for failure to comply with an obligation of membership may preclude the order from becoming effective and shall not be required to file a formal reinstatement petition or pay the reinstatement fee by submitting a written request and satisfactory showing if the member shows within 30 days after service of the suspension order that the member has complied with or fulfilled done the following:
(1) fulfilled the obligations of membership set forth in the order; and
(2) has paid the costs of the suspension and reinstatement procedure administrative fees associated with the issuance of the suspension order, including the costs of service;
(3) paid any other delinquency shown on the financial records of the State Bar including outstanding judicial district bar dues;
(4) signed and filed CLE annual report forms as required by Rule .1522 of this subchapter;
(5) completed CLE hours as required by Rules .1518 and .1522 of this subchapter; and
(6) filed any IOLTA certification required by Rule .1319 of this subchapter.
Such member shall not be required to file a formal reinstatement petition or pay the reinstatement fee.
(b) Reinstatement More than 30 Days after Service of Suspension Order.
At any time more than 30 days after service of an order of suspension on a member, a member who has been suspended for failure to comply with an obligation of membership may petition the council for an order of reinstatement.
(c) Definition of “Year”.
As used in this rule, a year is a 365 day period of time unless a calendar year is specified.
(d) (c) Requirements for Reinstatement Petition. The petition shall set out facts showing the following:
(1) Completion of Petition.
that thehas provided must provide all the information requested in a on a petition form prescribed by the council and has signed must sign the form petition under oath;.
(2) CLE Requirements for Calendar Years Before Suspended.
unless Unless the member was exempt from such requirements pursuant to Rule .1517 of this subchapter or is subject to the requirements in paragraph (c)(d)(4) of this rule, that the member satisfied must satisfy the minimum continuing legal education (CLE) requirements, as set forth in Rule .1518 of this subchapter, for the calendar year immediately preceding the year in which the member was suspended (the “subject year”), including any deficit from a prior year that was carried forward and recorded in the member’s CLE record for the subject year;. The member shall also sign and file any delinquent CLE annual report form.
(3) CLE Requirement If Suspended Less Than 7 Years.
if If more than 1 but less than 7 years (as used in this rule, a year is measured in 12-month increments and does not refer to a calendar year) have elapsed between the effective date of the suspension order and the date upon which the reinstatement petition is filed, that during the period of suspension and within 2 years prior to filing the petition, the member has completed must complete 12 hours of approved CLE for each year that the member was suspended. The CLE must be completed within 2 years prior to filing the petition. For each 12-hour increment, 4 hours may be taken online; 2 hours must be earned by attending courses in the areas of professional responsibility and/or professionalism; and 5 hours must be earned by attending courses determined to be practical skills courses by the Board of Continuing Legal Education or its designee; provided,. if If during the period of suspension the member complied with mandatory CLE requirements of another state where the member is licensed, those CLE credit hours may be applied to the requirements under this provision;.
(4) Bar Exam Requirement If Suspended 7 or More Years.
ifhas obtained must obtain a passing grade on a regularly scheduled North Carolina bar examination; provided, each.
(A) Active Licensure in Another State. Each year of active licensure in another state during the period of suspension shall offset one year of suspension for the purpose of calculating the 7 years necessary to actuate this provision. If the member is not required to pass the bar examination as a consequence of offsetting, the member shall satisfy the CLE requirements set forth in paragraph (d)(3) for each year that the member was suspended.
(B) Military Service. Each calendar year in which a suspended member served on full-time, active military duty, whether for the entire calendar year or some portion thereof, shall offset one year of suspension for the purpose of calculating the 7 years necessary to actuate the requirement of this paragraph. If the member is not required to pass the bar examination as a consequence of offsetting, the member shall satisfy the CLE requirements set forth in paragraph (d)(3).
(5) Character and Fitness to Practice.
that the The member has must have the moral qualifications, competency and learning in the law required for admission to practice law in the state of North Carolina, and must show that the member’s resumption of the practice of law will be neither detrimental to the integrity and standing of the Bar or the administration of justice nor subversive of the public interest;.
(6) Payment of Fees, Assessments and Costs.
that the The member has paid must pay all of the following:
(A) a $125.00 reinstatement fee or $250.00 reinstatement fee if suspended for failure to comply with CLE requirements;
(B) all membership fees, Client Security Fund assessments, judicial surcharge and late fees owed at the time of suspension and owed for the year in which the reinstatement petition is filed;
(C) all district bar annual membership fees owed at the time of suspension and owed for the year in which the reinstatement petition is filed;
(D) all attendee fees, fines and penalties owed the Board of Continuing Legal Education at the time of suspension and attendee fees for CLE courses taken to satisfy the requirements of Rule .0904(c) paragraphs (d)(2) and (3) above;
(E) any costs assessed against the member by the chairperson of the Grievance Committee, the Disciplinary Hearing Commission, and/or the secretary or council of the North Carolina State Bar; and
(F) all costs incurred by the North Carolina State Bar in suspending the member, including the costs of service, and in investigating and processing the application for reinstatement.
(7) Pro Hac Vice Registration Statements.
that the The member has filed must file any overdue pro hac vice registration statement for which the member was responsible,. and
(8) IOTLA Certification.
The member must complete any IOLTA certification required by Rule .1319 of this subchapter.
(9) Wind Down of Law Practice During Suspension.
that, during the 30 day period after the effective date of the order of suspension, the The member must demonstrate that the member fulfilled the obligations of a disbarred or suspended member set forth in Rule .0124 of Subchapter 1B, during the 30 day period after the effective date of the order of suspension, or that such obligations do not apply to the member due to the nature of the member’s legal employment.
(e) (d) Procedure for Review of Reinstatement Petition.
...
[re-lettering paragraphs (e) and (f)]
(h) Denial of Petition.
Proposed Amendments to The Plan of Legal Specialization
27 N.C.A.C. 1D, Section .1700, The Plan of Legal Specialization
The proposed amendments add juvenile delinquency criminal law and appellate practice to the list of specialties.
.1725 Areas of Specialty
There are hereby recognized the following specialties:
(1) bankruptcy law
(a) consumer bankruptcy law
(b) business bankruptcy law
(2) estate planning and probate law
(3) real property law
(a) real property - residential
(b) real property - business, commercial, and industrial
(4) family law
(5) criminal law
(a) criminal appellate practice
(b) state criminal law
(b) juvenile delinquency law
(6) immigration law
(7) workers’ compensation
(8) Social Security disability law
(9) elder law
Proposed Amendments to The Plan of Legal Specialization
27 N.C.A.C. 1D, Section .2900 Certification Standards for the Elder Law Specialty
The proposed amendment adds “veterans’ benefits” to the list of course subjects that satisfy the CLE requirement for certification in elder law.
.2905 Standards for Certification as a Specialist in Elder Law
Each applicant for certification as a specialist in elder law shall meet the minimum standards set forth in Rule .1720 of this subchapter. In addition, each applicant shall meet the following standards for certification in elder law:
(a) Licensure and Practice ...
(d) Continuing Legal Education – An applicant must earn no less than forty-five (45) hours of accredited continuing legal education (CLE) credits in elder law and related fields, as specified in this rule, during the three full calendar years preceding application and the year of application, with not less than nine (9) credits earned in any of the three calendar years. Of the forty-five CLE credits, at least ten (10) credits must be earned attending elder law–specific CLE programs. Related fields shall include the following: estate planning and administration, trust law, health and long term care planning, public benefits, veterans’ benefits, surrogate decision-making, older persons’ legal capacity, social security disability, Medicaid/Medicare claims, special needs planning and taxation. No more than twenty (20) credits may be earned in the related fields of estate taxation or estate administration
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