IN RE: ARKANSAS RULES for MINIMUM CONTINUING LEGAL EDUCATION (RULE 3(A)) and REGULATIONS of the CLE BOARD (3.02)

___ S.W.3d ___

Supreme Court of Arkansas

Delivered March 22, 2001

Per Curiam. The Arkansas Continuing Legal Education Board has proposed changes in the Arkansas Rules for Minimum Continuing Legal Education and the Regulations of the Arkansas Continuing Legal Education Board. The changes include the following:

In Rule 3(A), the language "which may include professionalism" is being added to the second sentence of the rule. In Regulation 3.02, new third and fourth paragraphs are being added, which state:

Ethics may include professionalism courses addressing the principles of competency, dedication to the service of clients, civility, improvement of justice, advancement of the rule of law, and service to the community.

Professionalism courses may include a lawyer's responsibility as an officer of the Court; responsibility to treat fellow lawyers, members of the bench, and clients with respect and dignity; responsibility to protect the image of the profession; responsibility generally to the public service; the duty to be informed about methods of dispute resolution and to counsel clients accordingly; and misuse and abuse of discovery and litigation.

Also, in Regulation 3.02, the term "non-resident" is being substituted for "out of state."

We find that the proposed amendments are appropriate. We hereby adopt the amendments and republish Rule 3(A) and Regulation 3.02 of the Arkansas Rules and Regulations for Minimum ContinuingLegal Education as set forth below.

Arkansas Rules for Minimum Continuing Legal Education

Rule 3. Minimum educational requirements.

(A) Every member of the Bar of Arkansas, except as may be otherwise provided by these rules and, excepting those attorneys granted voluntary inactive status by the Arkansas Supreme Court Committee on Professional Conduct, shall complete 12 hours of approved continuing legal education during each reporting period as defined by Rule 5(A) below. Of those 12 hours, at least one hour shall be ethics, which may include professionalism as defined by Regulation 3.02. In addition, an attorney or judge may carry over accredited hours in accord with the provisions of Rule 5 (A), including one hour of ethics which may be carried forward to the succeeding reporting period.

(B) This minimum requirement must be met through courses conducted by sponsors approved by the Board, or individual courses that have been approved by the Board, or such other programs, courses, or other educational materials that the Board may approve pursuant to Rule 4.

(C) An hour of continuing legal education shall include at least sixty minutes of instruction, exclusive of meals, introductions, or other noneducational activities.

(D) The Board is authorized and encouraged to consider the requirement of particular course content, such as professional or judicial ethics, as part of the minimum educational requirement.

Regulations of the Arkansas Continuing Legal Education Board

Rule 3.02. Ethics.

Ethics presentations shall be distinct segments no less than one hour in length, shall be specifically designated separately on the program application and shall be accompanied by appropriate documentation. Likewise, claims for ethics credit shall bedesignated separately on certificates of attendance submitted to the Secretary.

Ethics shall be defined as follows: "Legal ethics includes, but is not necessarily limited to, instruction on the Model Rules of Professional Conduct and the Code of Judicial Conduct."

Ethics may include professionalism courses addressing the principles of competency, dedication to the service of clients, civility, improvement of justice, advancement of the rule of law, and service to the community.

Professionalism courses may include a lawyer's responsibility as an officer of the Court; responsibility to treat fellow lawyers, members of the bench, and clients with respect and dignity; responsibility to protect the image of the profession; responsibility generally to the public service; the duty to be informed about methods of dispute resolution and to counsel clients accordingly; and misuse and abuse of discovery and litigation.

Legal ethics does not include such topics as attorney fees, client development, law office economics, and practice systems except to the extent professional responsibility is directly discussed in connection with these topics.

In accord with Rule 2(C) non-resident attorneys shall not be subject to the one hour ethics requirement set forth in Rule 3 (A) except insofar as their resident state require ethics credits.