Rules & Guidelines

Definition of Instructional Materials

Kansas Supreme Court Rule 805(c)(4) requires that "thorough, high quality, readable, useful, and carefully prepared instructional materials must be made available to all participants, unless the Board approves the absence of instructional materials. A brief outline without citations or explanatory notations will not be sufficient." The provider must distribute the materials to the participants by the end of the next business day following the program. This requirement must be satisfied by all courses, regardless of duration or format, in order for CLE credit to be granted. Exceptions to the requirement should be determined well in advance of the activity

Purpose of the Requirement:

• Course Preparation -It insures thorough course preparation by the provider and presenter. Generally, the provider must furnish materials prepared specifically for the course and the subject matter addressed. The distribution of copies of cases or statutes without customized materials is not acceptable
• Useful Materials - It ensures that the attendees will receive materials that are useful after the course is completed. Materials provided should be sufficient to assist the attendee when questions regarding the covered subject matter are raised at a later date and to serve as a general resource after course completion.
• Supporting Information for Accreditation - It allows the Kansas CLE staff and the Board to evaluate the quality and nature of the course and the actual subject matter being covered. Occasionally, neither the title of the course submitted on an application nor the agenda for the presentation provides sufficient information about course content to allow evaluation. Review of the instructional materials provided to course attendees allows the Board to assess the quality and subject matter of the course and to ensure that the topics addressed are appropriate for accreditation purposes. The requirement to provide instructional materials can be satisfied via printed materials, electronic media or downloadable format.
• Delivery - The materials must be distributed to the participants by the end of the next business day following the program.
• Written Materials - As stated above, written materials are considered an important part of the educational process. Lecture format programs are expected to provide traditional written materials. For interactive "guided discussions," Kansas CLE staff will work closely with providers to develop options for alternative materials so that the integrity of the rule is maintained. Providers should contact  Kansas CLE during the planning of the program to review possible alternatives.
• For questions or comments regarding these guidelines, please contact Kansas CLE,  301 SW. 10th Ave., Topeka, KS 66612.  (785) 368-8201 www.kscle.org

All actively licensed attorneys are required to complete a minimum of two hours of CLE in ethics and professionalism by the end of each compliance period. Supreme Court Rule 804(a).

• Ethics Definition - Ethics refers to the standards set by the Kansas Rules of Professional Conduct with which lawyers must abide to remain in good standing as members of the Kansas bar. Programming is accreditable when it instructs attorneys on compliance and duties under those rules.
• Professionalism Definition - Professionalism is conduct consistent with the tenets of the legal profession as demonstrated by a lawyer's civility, honesty, integrity, character, fairness, competence, ethical conduct, public service, and respect for the rule of law, the courts, clients, other lawyers, witnesses, and unrepresented parties. Professionalism also includes lawyer well-being and the promotion of diversity and inclusion of minorities in the legal profession, including but not limited to race, religion, color, sex, disability, national origin or ancestry, familial status, sexual orientation, and gender identity. The general goal of including professionalism as accreditable CLE is to create a forum in which lawyers, judges and legal educators can explore and reflect upon the meaning and goals of professionalism in contemporary legal practice.
• Well-Being Accreditation - Programs that address a broader scope of topics that are related to mental health, substance abuse, mindfulness, work/life balance and other similar topics that impact malpractice prevention and ethics will be considered for professionalism credit. These programs must be presented to an attorney audience and relate directly to the practice of law.
• Ethics Issues in Another Topic - Ethics included as part of another topic does not qualify for ethics and professionalism credit. "Integration of legal ethics or ethics and professionalism issues into substantive law topics is encouraged, but integrated material does not count toward the two-hour minimum annual ethics and professionalism requirement." Supreme Court Rule 805(c)(6). To qualify, the session must focus on ethics and be clearly marked in a block of time on the agenda.
• Non-Attorney Ethics - Programs pertaining to ethics generally but not to ethics and professionalism issues specifically applicable to attorneys may meet the requirements for general CLE credit but are not eligible for ethics and professionalism credits.
  Examples - Topics and types of courses that do not qualify for ethics and professionalism credit:
  Mediation Ethics
  Ethics in Government - Programs that focus on standards of conduct applicable to nonattorney employees, even though presented to attorneys, including:
  • the ethical standards applicable to governmental employees, federal legislators, governmental contractors;
  • United States' employees' compliance with the Presidential Executive Order requiring a standard of conduct higher than bar ethical rules might require;
  • educating the government attorneys in these standards to enable that attorney to better advise a legislative and/or executive branch client on the applicable standards.
  Litigation Tactics - Programs that focus primarily on rules of evidence and rules of procedure and not on applicable rules of professional conduct or codes of ethics and professionalism.
  Ethics of Other Professions, such as business/corporate/medical ethics. Programs that, although presented to lawyers, focus on:
  • an analysis or the application of ethical standards governing members of a profession other than the legal profession, e.g. ethics for accountants, realtors, etc;
  • an analysis or the application of ethical standards appropriate for executives, corporate officers, and employees;
  • an analysis or the application of medical ethics, "bioethics," or "biomedical" ethics;
  • educating the lawyer in these standards to enable that lawyer to better advise a client on the applicable standards.

Kansas CLE allows credit for programs not open to the general attorney public. Beginning in 2022, there is no longer a requirement for a 21-day advance application notice. While the rules request that applications should be received at least 30 days in advance of a program, applications may be received at any time during the compliance period in which the program is held.

• • A program not open to the general attorney public "means a program offered by invitation to a select audience that is not open for attendance by other members of the legal community." The program must meet the standards set out by Rule 805(c). Whether a program will be classified in this manner is determined by the attendees and advertising, not the provider of the education, format, or the location.
• • Applicants will designate on the application for approval if the program is open to the general attorney public. This designation will determine if the event is available on the list of approved CLE courses at www.kscle.org/courses. Only programs open to the general attorney public will appear on the Kansas CLE approved course list.
• • Applications and Attendance Reporting. The provider issuing invitations to the program is responsible for applying for program approval under Rule 805(a) and reporting attendance under Rule 806(a).

Electronic Live Programming Definition - The definition of "live program" under Rule 801(k) includes a CLE program offered through an electronic medium at a set time during which the attorney has the ability to contact the moderator or presenter to comment and ask questions. Such a program is referred to as an "electronic live program" in these guidelines and includes webcasts and teleconferences. An electronic live program will be accredited in the same manner as a live in-person program and must comply with the standards in Rule 805(c). Login/logoff times are required.

Prerecorded Programming Definition - Prerecorded programming is defined in Supreme Court Rule 801(m) as an on-demand CLE program accessible through an electronic medium solely by an individual attorney in a format approved byKansas CLE. Regardless of format, the program must comply with the standards in Rule 805(c). The provider must meet the interaction and verification standards provided in these guidelines and make application for approval of the program. Application for approval of a prerecorded program will not be accepted from an individual attorney.

• Provider Verification - The provider must have procedures in place to independently verify an attorney's completion of a program. Verification procedures may vary by format and by provider. The provider should consider the format in which a CLE program is offered in order to design an appropriate verification procedure. For example, verification may consist of pop-up boxes, attendance tracking, polling questions or codes announced during the program. The method must allow the provider the ability to independently verify that an attorney has completed the entire program. An attorney affidavit attesting to the completion of a program is not by itself sufficient. The provider may issue a certification of attendance only after the provider has independently verified attorney attendance. Kansas CLE will consider approval of all methods of independent provider verification when determining accreditation of a CLE course.
• Reporting Attendance - Attendance must be reported by the provider in the manner prescribed by Rule 806(a)(2).
• Shelf Life of Programming - Even though a prerecorded program has been previously approved, the content must remain current for an attorney to receive credit. For example, a program older than five years may not be accreditable.
• Self-Study - Self-study programming is not accreditable per Supreme Court Rule 808(i). A program that does not include the interaction/verification requirements would be considered self-study, and will not be approved.

Definition - A practitioner may receive CLE credit for up to two hours of law practice management programming per compliance period per Supreme Court Rule 808(f), provided:

• • Content - The course shall be presented by a person or persons qualified by practical or academic experience to present the subject and focus on the legal profession.
• • Possible Topics - Qualified programming includes, issues relating to the development and management of a law practice, including client relations and technology to promote the efficient, economical, and competent delivery of legal services.

Ethics and Professionalism Credit - Programming accreditable under the ethics and professionalism requirement are not subject to the two-hour law practice management cap. See the Guidelines for Ethics and Professionalism.

Supreme Court Rule 805(c)(2) allows for CLE credit to be earned for a program that crosses academic lines (e.g. accounting-tax) if it is pertinent to an individual attorney's practice.
When such course applications are received from a sponsoring organization, Kansas CLE staff reviews whether the course is beneficial for practicing attorneys from an objective standard. Consequently, the course will not be approved by the Kansas CLE Board unless it obviously pertains to a recognized legal subject or to the practice of law. The application may be returned to the sponsor with instructions that the program will be considered on an individual basis when submitted by an attending attorney.
When an attorney seeks CLE credit for an interdisciplinary program, the attorney must submit an Application for Approval of CLE Activity pursuant to Supreme Court Rule 805(b) and include a statement describing how the program is beneficial to attorney's practice.

Attendance at a program that an attorney has previously attended during the compliance period will not be accepted for CLE credit. Supreme Court Rule 808(h). For example, an attorney attending a live CLE program on Elder Law will not receive credit if he or she attends the video replay of the program. Further, if a program sponsor offers repeat sessions of professional responsibility or CLE credit during a two-day program, the session may only be attended for credit one time.
Provider Responsibility - - It is the responsibility of the sponsor to monitor attendance at programming they provide. When duplicate programming is offered, notice should be provided to attendees that CLE credit will not be received for duplicate attendance.

Kansas Supreme Court Rule 808(c) provides that up to five hours of CLE credit may be awarded for each 50 minutes spent teaching at an approved CLE program. Because teaching credit is awarded as an incentive to attorneys to benefit the legal profession, instruction must be directed toward an audience composed primarily of attorneys. Moderating a program does not qualify for teaching credit but will qualify for attendance credit.

• • Audience - The makeup of the audience is determined by the number of attorneys in attendance at the program, not the audience to which the program is advertised. The provider will be able to determine if the audience was primarily attorney.
• • Primarily Attorney Audience - Teaching directed to a non-attorney audience, while resulting in self-improvement as a form of self-study, does not qualify for teaching credit. If the attorney's participation in the program does not qualify for teaching credit, the participation may qualify for attendance credit.
• • Application - The attorney must file an application for approval of teaching credit which outlines program content, teaching methodology, and time spent in preparation and instruction. In determining the number of credit hours to award, Kansas CLE Board will calculate time spent in preparation and teaching. For example, an attorney who spends 150 minutes preparing a program and 50 minutes teaching it will be awarded 4 credit hours. One-half credit hour may be awarded for teaching at least 25 but less than 50 minutes. No credit may be claimed for smaller fractional units.
• • Repeat Presentation - A repeat presentation may qualify for additional credits, limited to time actually spent updating the presentation and teaching. This form should include both teaching time and attendance time for the same program.
• • Preparing Materials but Not Actually Teaching - Preparation of written materials for an accredited program but not teaching the program will not qualify for either teaching or authorship credit.