The purpose of continuing legal education is to maintain or sharpen the skills of licensed attorneys and judges. Accredited courses examine new areas of the law or review basic practice and trial principles. Programs for continuing legal education are sponsored by state, local, and federal bar associations; law firms; law schools; and groups such as the American Bar Association and the American Law Institute.
Continuing legal education is mandatory in thirty-eight states; voluntary programs are offered in the remaining twelve. Courses are approved by state boards overseeing continuing education. In states with mandatory continuing legal education, attorneys receive credits for attending lectures and seminars taught by respected attorneys, judges, and scholars. The courses cover a variety of topics involving virtually all areas of practice. Written program materials are usually included as part of the tuition fee.
In 1975 Minnesota became the first state to adopt mandatory continuing legal education. A 1974 informal poll conducted by state and local bar associations revealed widespread support for compulsory continuing legal education. The measure was favored to ensure professional competence and to improve the public image of lawyers. Supporters believed that continuing legal education would reduce the number of legal malpractice suits, keep lawyers updated on important changes in the law, and improve the representation of clients.
The Minnesota Legislature appeared ready to take over the administration of continuing legal education in 1975. However, the Minnesota Supreme Court preferred judicially mandated education, and took appropriate steps to institute it. The court ordered all Minnesota lawyers and judges to complete forty-five hours of postadmission legal education every three years.
In most states where continuing legal education is required, nonpracticing lawyers may elect to be on restricted status. This means they can maintain their law license but do not have to fulfill continuing education requirements. Sometimes hardship or mitigating circumstances exempt practicing attorneys from a continuing education requirement.
The Code of Professional Responsibility adopted by every state maintains that lawyers must remain proficient in their work. Continuing legal education is one way to achieve professional competence. Other professions such as medicine, education, and accounting also require continuing education.
See: legal education.
