In the previous post on the extension of the compliance period (to 1 January 2009) for Bar Matter 1922, Alpha_Mike and Orbil inquired about the rule applicable to new lawyers. This is covered by MCLE Governing Board Order No. 1, s. 2008, which pertinently provides:
“. . . lawyers who pass the Bar when only four (4) months or less remain of the compliance period, are exempted from complying with the MCLE requirement for the said compliance period. They shall comply with the MCLE requirements for the next compliance period.
However, lawyers who are admitted to the Bar either one (1) year after the start of the current compliance period, or two (2) years after the start of the said compliance period, are required to comply with the MCLE requirements in accordance with the MCLE Governing Board resolution dated October 20, 2004, i.e. those admitted one year after the start of the current compliance period must comply with two-thirds (2/3) if the credit units required (24 c.u.) for that period; while those admitted two (2) years after the start of the compliance period should comply with one-third (1/3) of the required credit unit (12 c.u.)
There are three questions that would immediately come to mind: (1) What is the current compliance period? The third compliance period is from April 2007 to April 2010; (2) When is a lawyer “admitted to the Bar”? A MCLE Board staff said it’s the signing of the roll of attorneys; and (3) What will I indicate in the pleading if I’m exempted because I “pass[ed] the Bar when only four months or less remain of the compliance period”? That same staff also mentioned that the new lawyer could indicate “Exempted, pursuant to MCLE Governing Board Order No. 1, s. 2008”. Perhaps someone could verify the answer to question No. 3.