Active attorneys licensed in Washington State must complete a total of 45 credits by the end of their three-your reporting cycle, and six of those credits must be ethics credits. Some attorneys have difficulty meeting the ethics portions of the CLE requirement because most CLEs in their areas of interest have one or fewer ethics credits per whole-day seminar.

With a little pre-planning, that last-minute crunch to find sufficient ethics credits can be avoided. Here are some suggestions, which are by no means a complete statement of all of your options.

All-Ethics CLE Courses
Some CLE providers are aware of the logistical difficulties on obtaining sufficient ethics CLE credits, and have scheduled programs that focus just on the ethics aspects of a certain area of the law, such as ethics in civil litigation or ethics in employment law. These seminars are not offered as often as mixed general credit and ethics credit CLEs, so one needs to keep a sharp eye on the mail to avoid missing an opportunity for credit.

Taped Courses and Distance Learning
According to the WSBA’s “Frequent-ly Asked Questions” regarding course approval and accreditation, only audio/video seminars (including online taped seminars with streaming audio or video) are approved for self-study credit. All ethics credits can be acquired using approved a/v self-study, but no tape may be older than five years unless it is exclusively a skills tape. Some providers offer live, interactive CLE distance classes as well.

Teaching
Teaching a CLE is an excellent way to update your knowledge and to obtain CLE credit, as attorneys can receive up to 10 credits for their prep time (e.g., research and writing of materials) for each hour spent teaching an accredited CLE. However, one must of course have sufficient knowledge of the subject matter to be qualified to teach it.

Panelists and chairpersons of approved CLEs can claim, in addition to attendance credits, up to five hours of actual preparation time.

Pro Bono
Pro bono credits are general credits, not ethics credits, and thus cannot be used to fill your ethics credit requirement. For more details on pro bono credits, see Regulation 103(g), which is available (among other places) on the WSBA’s web page, www.wsba.org.

Courses Offered by Government Agencies

Courses offered by federal, state, local and military agencies or organizations may also be approved for CLE credit under Regulation 104(f). The requirements are similar to the requirements for private law firms, except that governmental agency courses may be open or closed to nonmembers of the agency or organization, provided that notice of them will be published on the WSBA web page, and that written materials are available to any inquirer.

Private Law Firm CLE Courses

Another efficient way to earn CLE credit is through courses sponsored by private law firms. Regulation 104(e) “Private law firm education” (available from the WSBA and published in the West Washington Court Rules book following APR 11) sets forth the following criteria for approval:

1. Approval of such courses may be granted only on a case by case basis. Accredited sponsor status (as set forth in Regulation 106) will not be available for private law firm sponsors. The CLE Board may, however, consider the sponsoring organization’s experience in presenting similar programs.
2. A complete course schedule with time allocations must be submitted in advance. High quality written materials are required and should be distributed to all attendees at or before the time the course is presented. A critique form or evaluation sheet and an attendance sheet which attendees will complete must be submitted to the CLE Board within 30 days after the program.
3. The course must be attended by five or more lawyers admitted to any Bar Association, excluding the instructors.
4. Private law firm courses shall be open to non-members of the sponsoring firm provided that there is space available.
5. Marketing of the private law firm in any manner is not permitted including but not limited to the display of brochures, pamphlets or other firm advertising. Approval for credit may be denied or withdrawn if the program material is presented in such a way that it is necessary for a particular firm to be retained or associated in order to adequately handle the type of matter being discussed. Persons or organizations may not state or imply that the CLE Board approves or endorses any person or organization.

In addition to the requirements of Regulation 104(e), an application must be filled out and an application fee must be paid, and the course content must meet the criteria for CLE approval, which are set forth in Regulation 104(c) and (d). Though there are no guarantees, in my experience, closely following the directions in Regulations 104 through 106 results in approval.

Suggestions for In-House Ethics CLEs
Unlike CLEs where only one or two people from a law firm attend, in-house CLEs offer an opportunity to make sure everyone in a firm or agency understands the ethics rules and laws. A case-study or role-play format can encourage lively discussion. Additionally, in-house seminars offer an opportunity to refresh attendees’ memories on the firm or agency’s policies relating to these issues, or to roll out new or revised policies. In-house seminars can also send a message that the organization takes ethics seriously, especially if attendance is mandatory.

Some areas that are good for in-house CLE instruction include, by way of example:

• Sexual harassment and discrimination law (yes, there are RPCs on this) Conflicts of interest
• Maintaining client confidences and secrets
• Beginning and ending representation ethically
• Marketing your services within the RPCs
• Attorneys’ duties and obligations regarding people they supervise
• Drafting engagement agreements in accordance with the RPCs
• Handling client funds and property
• Protecting your reputation and the firm’s in the legal community (candor toward the tribunal and fairness to the opposing party and counsel)
• Promoting your reputation and the firm’s in the community at large (dealing with an unrepresented person, pro bono service, membership in a legal services organization)

Logistics
Give yourself plenty of time before year-end to plan a seminar and seek WSBA approval, as you do not want to be caught short of credits if your seminar is not approved. Use a large enough conference room for everybody, and don’t forget to bring evaluation forms, a signup sheet, pens, and paper. If you don’t have five attorneys in your office, invite other law firms in your building or in your neighborhood to attend. Be sure your presenters have any AV materials they may need, and if you plan to tape the seminar, do a sample tape first to be sure the tape will be good enough to use in the future. Be prepared to accommodate any special needs such as visual or hearing impairment, if necessary.

Also, if all of this sounds like too much work or you want to learn about an area that no one in your office has the expertise to teach, contact an attorney with experience in chairing or presenting in-house CLEs and retain that attorney to put on the seminar for you.

Ethics are Worth the Effort
Do not lose sight of the forest for the trees--obtaining ethics CLEs is not just about credit, it is about learning (or being reminded) how to engage in your profession in a manner that engenders respect and trust, not only for you as an individual lawyer but for the profession of law in the community at large as well.