Navigating Continuing Legal Education Requirements in Indiana
Maintaining an active law license in Indiana requires adherence to specific Continuing Legal Education (CLE) guidelines. Admission and Discipline Rule 29 sets forth these requirements, ensuring that Indiana attorneys remain up-to-date on the latest legal developments and ethical standards. This article provides a comprehensive overview of Indiana's CLE requirements, covering approved courses, mandatory CLE for new lawyers, specialization, deadlines, fees, credit types, delivery methods, and available resources.
Approved CLE Courses and Sponsors
To receive CLE credit, attorneys must attend courses accredited and approved by the Commission for CLE. The Commission also approves sponsors, which are organizations that regularly host a significant number of approved CLE courses. Attorneys can find a list of approved courses and sponsors on the Indiana Courts Portal.
If an attorney attends or wishes to attend a course that is not yet approved, they can apply for accreditation and report attendance through the Indiana Courts Portal. If the sponsor does not report attendance for an approved course, attorneys can also report their attendance online via the Portal. Submissions made outside the Portal will be rejected.
Mandatory CLE for New Lawyers
New attorneys admitted to the Indiana Bar by examination face a specific CLE requirement: completion of a 6-hour applied professionalism course. This course focuses on ethics, civility, and professional conduct, equipping new lawyers with the practical skills necessary to navigate the legal profession.
The Commission-accredited six-hour applied professionalism course is offered by a variety of sponsors. To find a course, search online and choose to search only applied professionalism credit.
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Attorneys admitted after passing the Indiana Bar Exam are required to complete a 6-hour applied professionalism course during their first three-year educational period. Whether admitted in spring or fall, the course must be completed after January 1 of the next calendar year and by December 31 of the third year thereafter. For example, if admitted in October 2019, the course must be completed between January 1, 2020, and December 31, 2022.
Even if an attorney plans to leave Indiana and practice in another state during their first three-year educational period, they must still complete the course as long as they remain in Active status on the Indiana Roll of Attorneys. If they change their status to Inactive, the requirement does not apply, but it will be reinstated if they become Active again.
Sponsors of applied professionalism courses must report attendance to the Commission within 30 days of attendance. Attorneys will receive an annual transcript and are responsible for informing the Commission of any omissions or inaccuracies. Transcripts can also be accessed at any time through the Indiana Courts Portal.
Failure to fulfill the requirement can result in suspension of the law license. Attorneys who anticipate difficulty meeting the deadline can file a petition for an extension. Reinstatement after suspension requires completing the requirements, reporting penalty hours, and paying a reinstatement fee.
Attorney Specialization
Indiana attorneys can be certified as specialists in a particular area of law by a Commission-accredited certifying organization. Certification requires demonstrating proficiency in the specialty area.
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CLE Deadlines and Fees
To be considered timely, a completed application for accreditation of a traditional course must be received before the course date or up to 30 days after the course. Applications for in-house courses must be received at least 30 days before the course date. Proof of attendance must be received no later than 30 days after the course.
The fee structure for CLE applications and attendance reporting is as follows:
- Indiana Attorney:
- Timely Application: \$0
- Late Application: \$25
- Timely Attendance: \$0
- Late Attendance: \$25
- Foreign Attorney (not admitted in Indiana):
- Timely Application: \$25
- Late Application: \$50
- Timely Attendance: \$0
- Late Attendance: \$0
Types of CLE Credit
Continuing education credit for attorneys can be categorized in four ways:
- Applied Professionalism Credit: Specifically for newly-admitted attorneys, fulfilling the mandatory 6-hour requirement. The "Applied Professionalism" program counts in lieu of the 3.00 hour ethics requirement for an attorneys first 3-year educational period.
- Ethics Credit: Focuses on the ethics of attorneys, including topics such as the Rules of Professional Responsibility, law firm management, malpractice avoidance, attorney fees, legal ethics, and the duties of attorneys to the judicial system, the public, clients, and other attorneys. Ethics credits must relate directly to legal ethics or professional responsibility, including subjects such as attorney conduct, trust accounting, conflicts of interest, or duties to the court and clients. Although ethics can be integrated into a program, it must appear as a separate agenda item and be at least thirty minutes in duration to be given credit.
- Non-Legal Subject Credit: Allows attorneys to broaden their knowledge base with courses outside of traditional legal topics. Attorneys may have up to 12 hours of Non-Legal Subject (NLS) credit per three-year educational period. NLS credit may now be reported to the Commission on the same form as CLE and ethics credit. Note that Indiana attorneys can count a maximum of 12 hours of Non-Legal Subject Matter (NLS) credit toward their 36-hour, three-year Continuing Legal Education (CLE) requirement.
- General CLE Credit: Encompasses all other education credits or courses not labeled as applied professionalism, ethics, or non-legal subject matter.
Course Delivery Methods
CLE courses are offered through various delivery methods to accommodate different learning preferences and schedules:
- Traditional Education: Typically involves faculty in the room, a discussion leader or two-way communication, a classroom setting away from attorneys’ offices, an opportunity to ask questions, and monitored attendance at the attendance site. Distance, live webcasts, and in-house education are generally not considered traditional courses.
- Distance Education: Allows attorneys to participate in courses remotely, without being in the same room as the speaker. These courses must be interactive, and the sponsor must be able to verify continuing attendance through methods like random prompts, polling, or quizzes. Self-study courses, including downloads, are not approved. Attorneys cannot receive credit for non-legal subject matter through distance or in-house education. Indiana allows attorneys to complete their CLE credits through accredited distance education, including live online sessions and OnDemand courses.
- In-House Education: Designed primarily for the exclusive benefit of attorneys employed by a private organization or law firm. In-house courses cannot offer non-legal subject matter credits and may not be offered in a distance education setting. Applications for in-house education must be submitted at least 30 days prior to the course date. Governmental and academic attorneys may receive unlimited in-house credits, while non-governmental or non-academic attorneys may receive a maximum of 3 in-house hours per 3-year educational period.
Additional Information
The educational period is 3 years. Your first educational period begins on January 1 after your admission to the Indiana State Bar and ends on December 31 of the third calendar year after admission. CLE credits completed before January 1 following your admission do not count toward your CLE requirement. CLE tracking and compliance officially begin on that date. Can I carry over credits earned during my year of admission to the Indiana State Bar? No. Yes, but credit will only be awarded once per 3-year educational period for the same course content.
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NBI reports your credit to the Indiana Supreme Court Office of Admissions & Continuing Education. On or before September 1 of each year, the Commission will send you a statement showing CLE credits reported to date. While NBI reports your CLE credits on your behalf, attorneys are responsible for verifying the accuracy of their records via the Indiana Courts Portal.
Failure to meet the annual 6.00 credit minimum may result in non-compliance with Indiana Bar Association CLE rules and could lead to disciplinary action. If requirements are unmet by December 31, a \$150 late fee is charged January 1. On May 1, non-compliant attorneys are referred to the Supreme Court for suspension. Reinstatement requires completing the deficiency plus additional credits and paying a reinstatement fee. Experienced attorneys can fulfill their Indiana CLE requirement by completing courses approved and accredited by the Indiana Supreme Court Office of Admissions & Continuing Education.
Resources and Assistance
The Indiana Continuing Legal Education Forum (ICLEF) offers a scholarship fund to help attorneys with financial need fulfill their CLE requirements.
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