Q1. What is the new Continuing Professional Development Program requirement?
Q2. If a lawyer completes more than 12 hours of accredited CPD in a year, is the lawyer entitled to carry over the balance into the next year?
Q3. Who is required to complete the CPD requirements?
Q4. Are there any exemptions?
Q5. Is a new member of the Law Society of BC required to complete 12 hours?
Q6. How will lawyers report their CPD?
Q7. What is the accreditation process?
Q8. What is the requirement for a lawyer who returns to practice during the practice year?
Q9. Can a lawyer claim an exemption because the lawyer is too busy to complete the requirements?
Q10. Can a lawyer claim an exemption because the lawyer practises law outside of BC?
Q11. What is the consequence for a lawyer who does not meet the requirement by the December 31 deadline?
Q12. What is the overall subject matter requirement for the new Continuing Professional Development Program?
Q13. Must the subject matter deal primarily with BC law?
Q14. What activities will not be accredited?
Q15. What credit is available for participation in courses?
Q16. Is credit available for educational activities other than courses?
Q17. What credit is available for teaching?
Q18. What credit is available for writing?
Q19. How is study group activity accredited?
Q20. How is credit given for local bar and Canadian Bar Association section meetings?
Q21. What types of on-line education will be accredited?
Q22. Can self-study be accredited?
Q23. Are listservs, forums and network sites available for credit?
Q24. Is mentoring, outside of an accredited study group, available for credit?
Q1. What is the new Continuing Professional Development Program requirement?
The CPD reporting requirement is based on the calendar year, commencing January 1, 2009. Lawyers must complete in each calendar year at least 12 hours of continuing professional development in accredited educational activities. No less than two of the 12 hours must pertain to any combination of professional responsibility and ethics, client care and relations, and practice management.
Q2. If a lawyer completes more than 12 hours of accredited CPD in a year, is the lawyer entitled to carry over the balance into the next year?
No, a lawyer who completes more than 12 hours of accredited CPD in a year is not entitled to carry over the balance into the next year.
Q3. Who is required to complete the CPD requirements?
All members of the Law Society with a practising certificate are subject to the requirement.
Q4. Are there any exemptions?
Members with a current practising certificate who submit a declaration that they are not practising law may obtain an exemption or reduction from the CPD requirements.
Q5. Is a new member of the Law Society of BC required to complete 12 hours?
New members who have completed the bar admission program of a Canadian law society during the reporting year are exempt from the requirements for that year.
Q6. How will lawyers report their CPD?
After completing a course or other accredited learning activity, lawyers can make an addition to their member record on-line.
Q7. What is the accreditation process?
All reportable credits must have been accredited by the Law Society by either pre-approval of the provider or approval (before or after the event) of individual courses and other educational activities submitted either by a provider or by a lawyer.
Q8. What is the requirement for a lawyer who returns to practice during the practice year?
Lawyers who have been exempt during the reporting year, but who resume practising law within the reporting year, must complete one credit hour for each full or partial calendar month in the practice of law.
Q9. Can a lawyer claim an exemption because the lawyer is too busy to complete the requirements?
No exemption is available for being too busy, such as having a long trial.
Q10. Can a lawyer claim an exemption because the lawyer practises law outside of BC?
No exemption is available on the basis that the lawyer practises law outside of BC.
Q11. What is the consequence for a lawyer who does not meet the requirement by the December 31 deadline?
If the annual requirement of 12 hours is not met by December 31, a late fee of $200 applies. If the requirement is not met by April 1 of the following year, the lawyer is suspended until all required professional development is completed. Lawyers will receive 60 days prior notice of the suspension.
Q12. What is the overall subject matter requirement for the new Continuing Professional Development Program?
The subject matter of all accredited learning modes, including courses, must satisfy the following content criteria:
1. significant, intellectual, or practical content, with the primary objective of increasing the professional competence of lawyers, paralegals, articling students and/or law school students;
2. material dealing primarily with substantive, procedural, ethical, practice management (including client care and relations) or skills topics relating to the practice of law;
3. material primarily designed and focused for an audience that includes, as a principal component, lawyers, paralegals, articling students and/or law school students, but not if the subject matter is targeted primarily at clients, the public, other professions, or other students.
Q13. Must the subject matter deal primarily with BC law?
Accredited learning activities will not be limited to subject matter dealing with primarily with the practice of BC or Canadian law. Accreditation may be obtained for subject matter relating to the law of other provinces and countries, if related to the conduct of the lawyer’s practice.
Q14. What activities will not be accredited?
- Any activity designed for, or targeted to, clients.
- Topics relating to law firm marketing or maximizing profit.
- Lawyer wellness topics.
Q15. What credit is available for participation in courses?
Participation in courses is accredited based on the following criteria:
- Generally, credit is based on the actual time in attendance at a course.
- Two or more lawyers reviewing together a previously recorded course are able to obtain credit.
- Credit is available for the actual time participating in “real time” on-line courses, streaming video, web and/or telephone conferences, if there is an opportunity to ask and answer questions.
Q16. Is credit available for educational activities other than courses?
Yes, the following educational activities are available for credit:
- teaching,
- writing,
- study groups,
- local bar and Canadian Bar Association Section meetings,
- on-line education.
Q17. What credit is available for teaching?
The teaching must be to:
- an audience that includes as a principal component, lawyers, paralegals (who are employed or supervised by lawyers), articling students and/or law school students;
- a continuing professional education or licensing program for another profession; or
- a post-secondary educational program,
but not targeted primarily at clients.
Three hours of credit are available for each hour taught. Credit is only available for the first time the teaching activity is performed in the reporting year. Credit is available for volunteer or part-time teaching only, when it is not a regular feature of the lawyer’s employment.
Q18. What credit is available for writing?
Writing law books or articles that are intended for publication, or to be included in course materials for one or more of the following audiences:
- lawyers, paralegals, articling students and/or law school students; or
- other professions, including students in a licensing program for another profession; or
- students in another post-secondary educational program
but not for writing targeted primarily at clients.
Hours can be accredited based on the actual time to produce the final product to a maximum of six hours for each writing project. Credit is available for volunteer or part-time writing only, and not for writing that is done as a part of the lawyer’s regular employment. Credit for writing can be in addition to credit available for teaching and preparation for teaching.
Q19. How is study group activity accredited?
Attendance in a group setting at an educational session will be accredited if at least two lawyers are together (including by telephone or other real-time communications technology) at the same time. No credit is available for work on individual client files. The hours available for credit are the actual time spent at the study group meeting, excluding any time that is not related to educational activity. One lawyer must have overall administrative responsibility for each study group meeting and a lawyer must chair each meeting. No credit is available for time spent reading materials, handouts or power point, whether before or after the study group session.
Q20. How is credit given for local bar and Canadian Bar Association section meetings?
Credit is available for the actual time spent attending an educational program provided by a local or county bar association in BC, as well as for section meetings of the Canadian Bar Association, excluding any portion of the meeting that is not devoted to educational activities. To qualify, at least two lawyers must participate in the activity at the same time, including by telephone.
Q21. What types of on-line education will be accredited?
Credit is available for on-line group programs. A group is defined as two or more lawyers together in-person or by telephone. Accordingly, credit is available for the actual time spent by the lawyer participating in “real time” on-line courses, streamlining video, web and/or telephone courses, but only if, through the course offering, there is an opportunity to ask and answer questions. The credit available will include a study group’s review of the previously recorded course.
Accreditation is available for completion on one’s own of an accredited on-line course or recorded course, if the course includes a quiz component either at the end of the course or interspersed throughout the course, and the lawyer is able to email or telephone a designated moderator with questions and obtain a timely response. Credit is available up to the limit that is set for each course.
The following Law Society courses are available online for credit at no cost:
- Small Firm Practice Course (up to 6 hours of credit can be claimed)
- Practice Refresher Course (up to 6 hours of credit can be claimed)
- Communications Toolkit (up to 2 hours of credit can be claimed)
Each course covers off the 2 hour professional responsibility and ethics, client care and relations and practice management requirement.
These courses are found on the Law Society’s website under the login at “Member Resources and Online Courses.”
Q22. Can self-study be accredited?
Subject to specified exceptions, self-study will not be accredited. Self-study is defined as reading or reviewing recorded material on one’s own.
Q23. Are listservs, forums and network sites available for credit?
These forms of learning are not available for credit in 2009.
Q24. Is mentoring, outside of an accredited study group, available for credit?
Yes. Beginning in 2010, mentoring is eligible for credit: see Mentoring.
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