Continuing Legal Education - FAQ

When a course has been accredited or a course is offered by an approved service provider, the following language must be used: "This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for _____ hours of total CLE credit. Of these, _____ qualify as hours of total credit for ethics, professionalism, and professional responsibility, of which _____ qualify as hours of credit for diversity, inclusion and elimination of bias (BCLE Reg. 302:1). In addition, providers should note whether the course qualifies under any of the nine specified new admit areas, if applicable.

In-house courses are educational programs that are offered or conducted by law firms, corporate or government legal departments, or similar entities for the purpose of educating their members/employees (BCLE Reg. 103:1(m)).

Any person, entity, organization, or association who complies with the standards and requirements of Rule 1:42 and the Board's Regulations can apply for per-course approval or approved service provider status (BCLE Reg. 302:1).

The presumption is for the provider to apply for CLE credit, not the attendee, especially if the course is primarily given to attorneys or is given in-house by law firms or corporations.

Providers may state that their application for course or program accreditation or approved service provider status in New Jersey is pending.

Educational activities that satisfy the following standards shall be approved for CLE credit:

1. the activity must have significant intellectual, educational or practical content, and its primary objective must be to increase each participant's professional competence and proficiency as a lawyer;
2. the activity shall constitute an organized program of learning dealing with matters directly related to the practice of law, professional responsibility, professionalism, or ethical obligations of lawyers;
3. the CLE materials are to be prepared and approved activities are to be conducted by an approved service provider or a per-course approved provider qualified by practical or academic experience for a traditional CLE course in a setting suitable to the educational activity of the program and, when appropriate, equipped with suitable writing surfaces or sufficient space for taking notes; and
4. thorough, high-quality, and carefully written materials are to be distributed to all attendees at or before the time the approved education activity is presented (BCLE Reg 301:1).

Through the provider management screen on the portal, enter the details of 5 courses presented by your agency in the 24 months preceding your application. The courses must have been accredited for continuing legal education in New Jersey or another mandatory CLE jurisdiction. Upload the timed agenda and brochure for each course.

Submit hard copies of the following:

1. Speaker biographies for all 5 courses,
2. A complete set of materials for any 2 of the 5 courses,
3. A sample attendance verification for each of the formats you seek to use,
4. If payment was not made online via credit card, include a check or money order payable to “Treasurer, State of New Jersey.” Refer to the Fee Schedule.
5. If seeking service provider status relying on CLE approval from another mandatory CLE jurisdiction, include proof of accreditation if any of the 5 courses were not previously accredited in New Jersey.

Finally, if your agency charges a registration fee for any course, upload a copy of your Financial Hardship Policy. Providers will be notified in writing by the Board of its decision regarding their application. They may also check their status on-line at the Board’s website. If an application for approved service provider is denied, the provider can seek reconsideration from the Board. They can then file with the Board a Notice of Petition for Review before the Supreme Court (BCLE Reg. 501:1).

Providers seeking per-course approval must complete an on-line application for Individual Course Accreditation and submit the proper fee and required documents including: a final version of the timed agenda; a brochure, advertisement, or announcement for the course; the names and credentials of all instructors; and a copy of their financial hardship policy if a registration or membership fee is charged. Course materials and hand-outs need not be provided, unless specifically requested by Board staff. If the course is not conducted live with the instructor in the same room as the participants, providers must also submit a description of the reliable method that was used to verify and record the attendance of each participant.

Per-course approval expires one calendar year after the date of Board approval.

Providers will be notified in writing by the Board of its decision regarding their application. They may also check their status on-line at the Board’s website. If an application for per-course approval is denied, the provider can seek reconsideration from the Board. They can then file with the Board a Notice of Petition for Review before the Supreme Court (BCLE Reg. 501:1).

All New Jersey CLE providers are required to keep and maintain attendance records for each approved educational activity that they offer for a period of not less than three consecutive years (BCLE Reg. 301:2). Attendance records should not be submitted to the Board unless requested.

When advertising credit, providers must correctly distinguish between courses awarded New Jersey CLE credit vs courses awarded New Jersey CLE new admit credit, especially when a course covers one of the twelve subject areas but is not New Jersey law specific. To obtain credit for a New Jersey new admit course, the coursework must be specifically based in New Jersey law rather than general law or another jurisdiction’s law related to any one of the nine subject areas. For example, a course in matrimonial law that is not New Jersey law specific does not meet the New Jersey new admit requirement.

Once a provider is granted approved service provider status, the courses offered are presumptively approved and the provider need not apply for per-course approval of each course. However, prior to the date of the presentations, but no later than 30 days after the presentation, the approved service provider must submit on-line announcements of each of its CLE activities through the provider’s management page and update the course information if any sessions or locations are changed or added. In addition, approved service providers must give attendees the New Jersey Certificate of Attendance available on the provider management page. The approved service provider is required to maintain all records of attendance for a period of 3 years from the date the course is last given. Providers may be asked to submit information on an attorney’s attendance during the random audit process. Lastly, by January 15 and July 15 of each year, the approved service provider shall also file with the Board a detailed report describing the CLE activities it conducted during the prior six months. The bi-annual report template is available on the provider’s management page. (BCLE Reg. 302:4).

All programs must be submitted for per course approval at least 30 days prior to but no later than 30 days after the date the course was given. Courses submitted later than 30 days will be reviewed on a case-by-case basis and a late fee will be imposed. Late application is discouraged.

The provider should submit the total number of minutes of actual instruction, exclusive of the introductory remarks, keynote speeches, breaks, meals, and any other segments that are not educational. That number of minutes will be divided by 50 to reach the correct number of total credits for the course. Any minutes related to ethics, professional responsibility and professionalism should be separated, as well as any minutes related to diversity, inclusion, and the elimination of bias (DIEB). For example, a course that is 200 minutes of total instruction, 50 minutes specifically for DIEB instruction and another 50 minutes in other ethics instruction, the course would be worth 4 credits, of which 2 credits qualify for ethics, including 1 credit of DIEB. If an attorney arrives late or leaves early, it is up to the provider to determine if the attorney receives partial credit.

CLE providers who have obtained per-course approval or approved provider status by the Board are required to use only the New Jersey Certificate of Attendance available on the provider’s management page. Providers who do not seek or obtain course approval in New Jersey are not authorized to use the New Jersey Certificate of Attendance. Attorneys taking courses approved in another mandatory CLE jurisdiction and using them toward compliance in New Jersey through reciprocity may rely on that jurisdiction’s approved Certificate of Attendance (BCLE Reg 301:8).

Generally yes; however, the Board reviews every course announcement to ensure the information submitted is correct. For example, the Board confirms that minutes of instructions correlate to the time listed for the course, there is a proper description of the course content, and proper selection of law category codes, among other things. Moreover, failure to properly describe course content related to newly admitted attorney, ethics, professionalism, professional responsibility, diversity inclusion, and elimination of bias credits will result in the course approval being denied.

It is the provider’s responsibility to verify course announcement approval through the provider management page. This is to ensure that the provider doesn’t mistakenly issue a Certificate of Attendance without the Board’s approval. There will be no separate written notification of course announcement denial.

Many courses are given multiple times at different locations. The Board must be notified of all the dates and locations of the presentation via the provider’s management page. The accredited course approval expires one calendar year from the date of Board approval. Courses cannot be given after the expiration date unless a new application is submitted and approved by the Board.

Providers must have a reliable method of verifying and recording an attorney's attendance under an alternative verifiable learning format. Reliable methods of verifiability include embedded codes, polling, pop-up quiz questions, etc. A system that only monitors a participant’s log on and off times is insufficient. The provider is also required to distribute a New Jersey Certificate of Attendance to each attorney confirming the successful completion of the course only upon verification that the course in fact was completed (BCLE Reg. 301:9).

The grant of accreditation as an approved service provider is valid for a period of two consecutive years from the date of the grant. The provider must timely submit a reapplication if seeking to extend service provider status. Each course announcement is good for one year from approval to ensure courses are updated to current law.

Local, state, and specialty bar associations; for profit and nonprofit legal education providers; Inns of Court; educational institutions; in-house providers; and government entities are eligible for approved service provider status (BCLE Reg. 302:1).

Most organizations are subject to paying an application fee to the Board. Please refer to the fee chart available on the Board’s website. Government or public service organizations may be exempt from paying a fee but must request the exemption by providing an explanation as to how they qualify as government or public service organizations and submit that request on their organization’s letterhead. Public service organizations refer to only those that are offering CLE courses to train volunteers providing pro bono services.

A grant of accreditation as an approved service provider may be continued for an additional two-year period upon the online filing of a new and fully completed application and payment of the required fee prior to the expiration of the approved service provider's current accreditation period (BCLE Reg. 302:6).

Providers will be notified in writing by the Board of its decision regarding their application. They may also check their status online at the Board’s website.

An approved service provider's status could be declined for renewal or may be revoked at any time if the Board determines that the requirements of BCLE Reg. 301 and 302 were not met (BCLE Reg. 302:7).

Applicants who meet the following minimum requirements may be granted approved service provider status: the provider has presented at least five separate programs of CLE that meet BCLE Reg. 301 and 302 within the past two consecutive years; the provider has demonstrated that its CLE activities have consistently met the standards set forth in BCLE Reg. 301 and 302; the provider is a law school accredited by the American Bar Association; or an “in-house” provider that previously has not presented a CLE course but satisfies the Board that the proposed future educational activities meet the standards set forth in BCLE Reg. 301 and 302.

Every per-course provider and approved service provider who charges a registration, attendance, or membership fee is required to have a detailed financial hardship policy for lawyers who wish to attend its courses, but for whom the expense of such courses would pose a financial hardship. A financial hardship policy may include the award of scholarships, waivers of course fees, reduced fees, or discounts. The Board would like to see that a provider will offer a scholarship or waive the fee for an attorney who demonstrates a significant hardship, including but not limited to, unemployment. The Board will not approve courses or grant provider status without a financial hardship policy (BCLE Reg. 302:8).