Frequently Asked Questions (FAQ)
CLE Credits
Not for private firms or corporations. Governmental departments may offer in-house programs if they are open to all department attorneys in the state and at least fifty percent (50%) of the approved hours are taught by speakers not otherwise associated with the department. See Regulation 5A.
Seminars dealing with Law Practice Management topics solely will receive EP credit only. Seminars also dealing with the ethics of law practice management topics will receive dual credit. See Regulation 5G.
Yes. All digital courses offered in a format the Commission approves may earn credit. The Commission requires all distance learning have a tracking mechanism and attendance certification by the provider.
The Commission will give distance learning CLE credit for such seminars if the seminar is approved and there is an on-site commentator/presenter. At this time, you cannot receive “live” credit for an online program you are viewing while in your office or at home. See Regulation 5B.
Possibly, if they are open to outside attorneys on a broad basis (e.g., state-wide). Courses strictly limited to in-house counsel and/or clients and not primarily for the benefit of attorneys is not eligible for CLE credit. See Regulation 5A & 5I.
Seminars dealing with the disciplinary rules or ethical considerations applicable to attorneys receive dual credit (counts toward either the E/P or the General requirement, as needed by the attorney). Law practice management topics, stress management, time management, staff training and supervision, substance abuse awareness and action, general skills (e.g., speed reading), budgeting, and similar topics receive E/P credit only.
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Training in courtroom presentation, including style, vocal skills, etc., will receive general credit only.
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All programs must be primarily intended for attorneys, not a general audience. See Regulation 5H.
“Dual” credits are hours of CLE that can be used either toward the General or toward the Ethics & Professionalism requirement. However, “dual” credits DO NOT COUNT TWICE! (e.g., you cannot receive two (2) hours of credit for one (1) hour of attendance).
Yes, up to one full year’s worth of both General (12 hours) and Ethics & Professionalism (three hours). See Rule 21, Section 4.02.
Yes, up to the one-half of the annual requirement (6 hours general and 1 1/2 ethics) for articles printed in books or magazines whose primary intended readers are attorneys. See Rule 21, Secition 4.07(b).
Providers have 30 days to report course completion. If the course still has not posted after 45 days contact the provider. See Rule 21, Section 8.02.
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Twelve (12) activities are eligible for Live CLE credit. See Section 3.01 for requirement. The twelve (12) activities are:
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1. Traditional in-classroom courses. A maximum of twelve (12) General credits and three (3) EP credits may be applied to any compliance year. See Section 3.01(c) of this Rule;
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2. Teaching at an approved CLE activity. A maximum of twelve (12) General credits and three (3) EP credits may be applied to any compliance year. See section 4.03(a) of this Rule (includes video re-play with a qualified commentator); see Regulation 3A for commentator requirements;
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3. Teaching at an approved educational institution. A maximum of twelve (12) General credits and three (3) EP credits may be applied to any compliance year. See section 4.03(b) of this Rule;
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4. Pro Bono representation. A maximum of three (3) EP credits may be applied to any compliance year. See section 4.08(c) of this Rule;
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5. Indigent Defense representation (uncompensated portion only). A maximum of three (3) EP credits may be applied to any compliance year. See section 4.08(d) of this Rule;
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6. Published Writing. A maximum of six (6) General and one and one-half (1.5) EP credits may be applied to any compliance year. See section 4.08(b) of this Rule;
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7. Formal enrollment and education of a postgraduate nature for credit or audit at an approved educational institution. Credit is earned hour for hour. See section 4.04 of this Rule. For Live courses, a maximum of twelve (12) General credits and three (3) EP credits may be applied to any compliance year. For online courses, via an approved Distance Learning format, there is a maximum of eight (8) hours of credit each compliance year. See section 3.01(c) of this Rule;
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8. Service as a Bar Examiner. A maximum of twelve (12) General credits and three (3) EP credits may be applied to any compliance year. See section 4.05 of this Rule;
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9. Service on the Board of Professional Responsibility or one of its hearing committees. Credit is limited to three (3) EP credits in any compliance year. See section 4.07 of this Rule;
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10. Participation as a member of governmental commissions, committees, or other governmental bodies. A maximum of six (6) General and one and one-half (1.5) EP credits may be applied to any compliance year. See section 4.08(a) of this Rule;
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11. Completion of Bar Review course. For Live courses, a maximum of twelve (12) General credits and three (3) EP credits may be applied to any compliance year. See section 4.06 of this Rule. For online courses, via an approved Distance Learning format, there is a maximum of eight (8) hours of credit each compliance year. See section 3.01(c) of this Rule; and
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12. Successful completion of a bar examination, specialist certification program, and/or examination for admission to practice before the United States Patent and Trademark Office. A maximum of twelve (12) General credits and three (3) EP credits may be applied to any compliance year. Bar review course credit and bar exam credit cannot both be claimed in the same compliance year. See section 4.08(f).See Rule 21 §5.01(g)
No. The provider/ course sponsor must be able to verify the time spent by you taking the course and provide a method of receiving and answering questions. See Rule 21 § 5.01(i).
Credits earned in a year in which you were exempt will only carry forward to the extent that they would have if you were not exempt. e.g. If you submitted sixteen (16) General credits and six (6) Ethics credits in a year you were exempt, then four (4) of the General credits and three (3) of the Ethics credits would carry forward to the next non-exempt year. If you earned sixteen (16) online credits in a year you were exempt, eight (8) would carry forward to the next year. See Regulation 4A.
Yes. To earn one hour of CLE credit, the attorney must complete sixty (60) minutes of instruction not counting breaks, etc. See Regulation 3A.
Yes, You earn credits equal to four times the amount of time you teach if you distribute five or more pages of hand-out materials to the participants.
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If you distribute less than five pages, you receive two times the number of hours you teach. For second and subsequent presentations of the same materials, you get half the credit of the first presentation.
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It is your responsibility to make sure the course provider submits your hours accurately.
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See Rule 21 §4.03(a).
Yes, up to one half the annual CLE requirement of both General and Ethics/Professionalism credits (6 hours general and 1.5 hours E/P) for articles printed in approved books or journals whose primary intended readers are attorneys.
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These hours go toward your live hour requirement. You will only receive E/P credit if the ethics section is presented in a section separate from the primary topic and not interspersed with the primary topic. See Rule 21, Section 4.08(b).
Yes. You will receive one hour of Ethics/Professionalism credit for each five billable hours of approved pro bono legal representation provided through court appointment, an organized bar association program or legal services organization. (Rule 21, Section 4.08c.)
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You can receive CLE credit for published writing (4.08b), service as a bar examiner (4.05), service on the Board of Professional Responsibility (4.06), or by passing a bar examination or specialty certification examination (4.06), service on a state or national governmental committee involved in formal sessions for review of proposed legislation, rules or regulations can earn up to one-half of the annual requirementSee Rule 21 §4.07a).
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Yes, you can receive a maximum of three hours of Ethics credit for indigent defense work in a compliance year. If you report six hours, you can carry forward up to three credits to the next compliance year.
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Complete the Request for Indigent Represenation Credits form. Attach the sheets you submitted to the ACAP system showing the number of in-court and out of court hours worked and send everything to the Commission. Please send the documents only once. See Rule 21 §4.08(d)
Yes. Please have your dean or other appropriate person send us a signed letter on the school’s letterhead confirming the course(s) you taught, the quarter/semester/period you taught and the number of credit hours the students earned for successfully completing the course.
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You will receive credit for four (4) times the number of credit hours of the course.
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You will need to pay the two dollar ($2) per CLE hour reporting fee for those hours. See Rule 21 §4.03(b).
No. You can only receive ethics or dual credit for teaching attorneys or law school students. Generally ethics credit is only awarded to instructors teaching a law school course on ethics or professionalism.
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You cannot earn ethics or dual credit teaching legal ethics courses to a general audience. See Regulation 5H(3)
Yes. Dual credit will be awarded for teaching Ethics and Professionalism courses in a law school.
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Any legal instruction may involve an ethics component but the Commission will not attempt to parse out what percentage of a course could qualify for Ethics credit and what percentage of a course should receive General credit.
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Generally ethics credit is only awarded to instructors teaching a law school course on ethics or professionalism. See Regulations 5H §§ 1, 2, and §5.
No. You cannot receive credit for CLE earned prior to your becoming an attorney.
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You will receive one year of CLE credit though for passing your Bar Exam.
No. As a teacher at a college, university or law school you can only receive credit if you were the primary instructor for the entire semester/quarter/term.
No. You cannot receive CLE credit for giving a law related presentation to a general audience.
Yes, an attorney can receive up to one year’s CLE credit for completing a bar exam preparation course, but their attendance must be verified by the provider of the course to receive credit.
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Also, the course must qualify as CLE. A self study course preparing you for the bar exam in another state WILL NOT qualify for CLE credit.
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Keep in mind an attorney cannot receive bar prep course credit and bar passage credit in the same year. See Rule 21 Section 4.08(f).
No. You cannot receive CLE credit for participation in a high school or college moot court or mock court competition.
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You can receive up to three (3) hours of CLE credit for judging or coaching moot courrt or a mock trial at an approved law school.
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Credit is earned at the rate of one hours of E/P (dual) credit for five (5) hours of coaching or judging. See Rule 21 §4.03(c)
No,. Your 15 hours of bar exam credit is linked to the year your passed the bar exam.
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If years have gone by since passing the bar exam, you will probably need to complete your 15 hours of CLE during the year you were actually sworn in because your CLE credit is given when you passed the bar exam, not when you were sworn in.
If the program or presentation was approved for CLE credit, then yes, but it is unlikely that a presentation to someone other than attorneys will be approved for CLE.
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The Commission does not generally award CLE credit for presentations to anyone other than attorneys.
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If you are not giving an approved and accredited continuing legal education program, you are not going to receive credit.
Yes, but you can only receive bar exam credit once in any compliance year. If you received credit for passing the Tennessee bar exam this year, you will not be able to receive credit for the bar exam you passed in another state.
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We award 12 general live CLE credits for passing the bar exam and 3 dual live credits for passing the MPRE.
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This would also apply to bar exam and bar review courses. You can only receive credit for one or the other in any compliance year. See Rule 21 §4.06 & 4.08(f)
No. You can only receive credit for one or the other in any compliance year. See Rule 21 §4.06
A course accreditted in another state may qualify for credit in Tennessee. First, request the provider seek accreditation in Tennessee – most will do so.
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If the provider will not apply for course approval and accreditation, e-mail Attorney Services Specialist Angela Perry requesting instructions on how to submit a course or activity for approval and accreditation.
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See Rule 21 section 8.02 – revised 10.8.2021.
The attorneys will only be able to receive CLE credit if the hours are earned while working for an “Approved Legal Assistance Program” as defined in Supreme Court Rule 21§4.07(c). If the church or agency is interested in applying to the Tennessee Supreme Court to become an Approved Legal Assistance Program they can obtain the application form on the CLE Commission website.
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A list of Approved Legal Assistance Programs can be found at the bottom of the drop down menu after clicking on For Attorney’s tab.
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You can use a maximum of three (3) pro bono/indigent defense CLE credits in any compliance year. Those hours count as live ethics (E/P) credits. You can carry over a maximum of three (3) credits to the next compliance year.
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No. Listening to a podcast or a downloaded audio file, even from a state bar association, is considered self study in Tennessee and not eligible for CLE credit. Tennessee requires tracking of the time spent listening to or watching an electronically delivered CLE presentation. If the provider is not tracking when you started and stopped listening, then the course is not eligible for CLE credit in Tennessee.
Yes. If you were appointed to represent someone as an attorney or a GAL you need to add some additional language to the Order at the conclusion of your appointment.
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We suggest you ask the Court to state in its Order that you represented the client pro bono and did not seek compensation for the ____ billable hours your spent on your representation (specify the number of hours ).
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If the Order has already been entered, you can have the judge/chancellor write a short letter to the CLE Commission on their court letterhead saying that you were appointed to represent ________________(enter your client’s name) in the case on a pro bono basis and served without financial compensation for the ________(enter the number of hours you worked) worked.
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Your CLE credit is based on the number of hours you served so make sure the letter identifies your time. It has been my experience that the judiciary appreciates your stepping up to do this pro bono and will be glad to do a short letter to the CLE Commission so you can get CLE credit.
Providers have 30 days to report attendance. Compliance is not based upon when the providers submit attendance, but when a course is completed. If a course has not been reported within 30 days of completion, attorneys should contact the provider and request the hours are reported.
January 1st is the default date for most credits from the Commission on Continuing Legal Education (CCLE) as the provider.
An attorney can carry forward or backward up to 15.0 online hours from one compliance year to the succeeding or preceding year.
Attorney CLE Requirements
Each attorney must complete a total of 15 hours of CLE, which must consist of no less than 12 General hours and three Ethics/Professionalism hours (or Dual hours) per year.
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Tennessee no longer requires a minimum number of in-person hours.
Absolutely! The Commission must receive a completed ARS and any fee due by March 31 each year. Failure of an attorney to file an ARS may result in financial penalties.
The Commission will file an Annual Report Statement for any attorney who has earned all required hours and paid any fees due.
No, placing a law license on inactive status with the Board of Professional Responsibility does not excuse the CLE requirement. See Regulation 2B.1.
An attorney who lives outside Tennessee and does not practice Tennessee, law may be eligible to claim a non-resident exemption on the Annual Report Statement sent in February.
An attorney with an inactive law license may request inactive status with the CLE Commission if they are not practicing law in any jurisdiction by completing a Request for Inactive Status form found in the Attorney Forms section of the website. Mail or email both documents to: info@cletn.com. See Regulation 2B.2.
Attorneys passing the February Bar Exam have a CLE obligation that year but the Commission will award the required 15 hours of CLE credit to fulfill that CLE obligation.
Attorneys sworn in after September 1 may have different requirement and should contact the Commission.
See Rule 21 §4.06.
No, however attorneys who cannot attend CLE programs without great difficulty may file a request with the Commission for a substitute program in place of attendance.
Requests are approved or disapproved on an individual basis. See Tenn. Sup. Ct. R. 21 § 3.02.
Attorneys who are on disability status with the BPR are placed on inactive status with the Commission and are required to make up CLE hours to return to active status.
Paying on-line is a two-step process. First you have to create an invoice and then you have to pay it.
To create an invoice:
• click on the Account tab
• click on [Online Invoices/Payments]
• click on [New]
• create and provide a description for the invoice (be sure to check the category of payment and input the amount you want to pay)
• click on [Next]
• save the invoice by clicking [Save/Print Invoice]
• and click [Return to Invoices]
To pay the invoice you just created:
• click on the sideways black diamond to highlight the invoice you wish to pay
• click [Pay Online]
This should take you to the actual payment processing site. Once you’ve input your credit card information and submitted it, you will have the option to print a receipt. Go to that screen. It will look like the invoice except that it will say “receipt.” If you get the receipt to print, you’re home free. If you have problems, call our office for help at 615-741-3096.
Yes, up to one full year’s worth of both General (12 hours) and Ethics & Professionalism (3 hours) can be carried forward to the next compliance year. Hours cannot be carried forward from any year an attorney claims an exemption, other than hours in excess of the standard minimum. Regulation 4A.
No. The AGE exemption is not automatic. It must be requested. An attorney is eligible to claim the Age Exemption by filing a request with the CLE Commission in the compliance year after they turn 70. The exemption can be requested on the Annual Report Statement, by email or by letter.
An attorney born in 1952 or earlier is eligible to claim the age exemption the year after the year in which the attorney turns 70. An attorney shall submit a written or electronic request for age exempt status to the Commission. Tenn. Sup. Ct. R. 21 § 2.03(c)
An attorney born in 1952 would be eligible to claim the age exemption starting with the 2023 compliance year.
Because July bar exam results are typically released in October, attorneys who pass the July bar exam do not have a CLE obligation that year. Attorneys will receive 15 hours of CLE credit the year following passage of the bar exam regardless of when you are sworn in. See Tenn. Sup. Ct. R. 21 §4.06.
Attorneys who pass the February bar exam receive full credit for that year, and must earn CLE starting the following year.
Attorneys who passed the UBE administered by another state will receive bar exam credit when they become licensed in Tennessee, provided the bar exam was within the last two years.
Possibly. If you were sworn in prior to September 1, you are required to complete the full 15-hour CLE obligation for the year you were sworn in.
There is no CLE obligation for the year you were sworn in if you were sworn in on or after September 1. Your 15-hour CLE obligation will begin the next year.
If you were activated prior to September 1, you must complete the 15-hour CLE requirement.
If you were activated on or after September 1, your 15-hour CLE requirement will begin the year after you were activated.
YES! Ignoring pending attendance can cost you money.
CLE compliance means you have earned your hours or claimed an exemption, AND all fees have been paid.
If you owe posting fees for Pending Attendance ($2.00 per credit hour) you are not in compliance and will be assessed noncompliance fees if deadlines pass.
You must do something! You have three choices:
(1) You can pay the fees and receive all the hours, Keep in mind you can only carry forward one year’s worth of hours.
(2) You can reduce the number of hours by logging on to your CLE account or by contacting the CLE Commission, and pay for the remaining hours
(3) you can delete all the Pending Attendance hours and the money due will go away.
Pending attendance is NOT counted toward the 15.0 hour requirement or eligible to be carried forward until it is paid for and becomes attendance rather than pending attendance.
Some states use a 50-minute hour so a four-hour course lasts 200 minutes (plus breaks). In Tennessee attorneys would only receive 3 1/3 hours for the same program.
I submitted an Affidavit of Compliance with my missing hours, is there anything else I need to do?
YES. You need to make sure that the hours you reported on the Affidavit get reported by the provider and appear on your account. Follow up with the provider to ensure they report your attendance and pay the reporting fee on time.
If the course is not approved, you will need to take an additional course(s) to replace the missing hours. It is the attorney’s responsibility to make sure that their attendance is reported timely and accurately in order to avoid fines and possible suspension of his/her license.
Non-accredited courses submitted by attorneys for approval are not eligible for an Affidavit of Compliance.
Under Rule 21, you can earn hour for hour credit for participating in an LLM or PhD program.
To request credit, submit a Request for Out of State, Online or Other Unpaid Credits listing the number of hours you are requesting.
Attach a copy of your grades/transcript. There is a $2.00 per credit hour attendance reporting fee that must also be paid.
You can only carry forward twelve (12) general hours so you are not likely to benefit from submitting more than 24 general hours.
Generally, ethics courses are not offered in an LLM program, so you likely will need to get your ethics credit elsewhere.
Yes. You can earn your CLE credits anywhere in the world as long as the course has been submitted and approved and accredited by CLE Commission.
Live and distance learning CLE has the same requirements whether it is in Paris, France or Paris, Tennessee. If the course has not been approved and accredited in Tennessee, your provider or you will need to get the course approved and accredited for you to receive CLE credit, or attorneys can submit the course for self-accreditation.
Each attorney must complete a total of 15 hours of CLE, which must consist of no less than 12 General hours and three Ethics/Professionalism hours per calendar year. Hours accredited as Dual may apply to either category. All hours may be earned via an approved online or in-person format.
Deadlines
Per Tenn. Sup. Ct. R. 21 §7.07, the Commission sends the Suspension Order to the Supreme Court on August 15. The Court enters the Order at their own discretion.
Tennessee’s compliance year for CLE runs from January 1 through December 31. See Tenn. Sup. Ct. R. 21 §3.01.
Do not confuse this with the Board of Professional Responsibility’s licensing year, which is based on your birthday. The CLE Commission and the BPR are separate agencies of the Tennessee Supreme Court.
Exemptions
Yes, but only if the attorney is no longer practicing law in any U.S. jurisdiction. To apply for inactive status, complete the Request for Inactive Status and mail it or send it to: info@cletn.com.
Before resuming the practice of law in any U.S. jurisdiction, attorneys are required to make up any CLE missed during the last five years.
Tenn. Sup. Ct. R. 21 §2.03 The Commission shall recognize the following exemptions:
(a) Nonresident attorneys from other jurisdictions who are temporarily admitted to practice for a case or proceeding shall not be subject to this Rule;
(b) Members of the Armed Forces on active duty shall not be subject to this Rule. Any attorney claiming active duty military exemption shall provide to the Commission a copy of his/her military orders in order to qualify for exemption. An attorney who leaves active duty military service prior to September 1st of the compliance year shall not be entitled to the military exemption for that year. This exemption shall be claimed by completing the pertinent section on the Annual Report Statement and filing the Statement with the Commission;
(c) An attorney shall not be subject to the requirements of the Rule after age seventy (70), upon claiming application of the exemption. This exemption shall not include the calendar year in which the attorney becomes seventy (70) years of age. However, any attorney who reached age sixty-five (65) on or before December 31, 2014, shall also be eligible for exemption from the requirements of this Rule pursuant to the age-related exemption granted by the version of Rule 21 in effect on December 31, 2014 upon filing an application with the Commission. This exemption shall be claimed by completing the pertinent section on the Annual Report Statement and filing the Statement with the Commission;
(d) An attorney who is licensed to practice law in Tennessee but who resided outside of the State and did not practice Tennessee law during the compliance year may request an annual exemption from this Rule. This exemption shall be requested annually by completing the pertinent section on the Annual Report Statement and filing the Statement with the Commission;
(e) Full time Tennessee law school professors who did not engage in the practice of law during the compliance year shall not be subject to this Rule.
This exemption shall be claimed annually by completing the pertinent section on the Annual Report Statement and filing the Statement with the Commission;
(f) An attorney holding an elective office in the Executive or Legislative branches of government and who is prohibited by law from practicing law or who certifies that s/he has not practiced law during the compliance year is exempt while holding such office.
This exemption shall be claimed annually by completing the pertinent section on the Annual Report Statement and filing the Statement with the Commission.
(g) All Justices, Judges, and Magistrate Judges of the federal system shall not be subject to the requirements of this Rule in view of their required comparable continuing legal education programs.
This exemption shall be claimed annually by completing the pertinent section on the Annual Report Statement and filing the Statement with the Commission.
Attorneys are not automatically exempt, but may be eligible to claim a one of the exemptions enumerated in Tenn. Sup. Ct. R. 21. Other than the age exemption, exemption must be claimed annually after the December 31 close of each compliance year by filing an online Annual Report Statement (ARS). Failure to timely file an ARS may result in financial penalties or suspension of an attorney’s law license.
From Tenn. Sup. Ct. R. 21:
2.03 The Commission shall recognize the following exemptions:
(a) Nonresident attorneys from other jurisdictions who are temporarily admitted to practice for a case or proceeding shall not be subject to this Rule;
(b) Members of the Armed Forces on active duty shall not be subject to this Rule. Any attorney claiming active duty military exemption shall provide to the Commission a copy of his/her military orders in order to qualify for exemption. An attorney who leaves active duty military service prior to September 1st of the compliance year shall not be entitled to the military exemption for that year. This exemption shall be claimed by completing the pertinent section on the Annual Report Statement and filing the Statement with the Commission;
(c) An attorney shall not be subject to the requirements of the Rule after age seventy (70), upon claiming application of the exemption. This exemption shall not include the calendar year in which the attorney becomes seventy (70) years of age. However, any attorney who reached age sixty-five (65) on or before December 31, 2014, shall also be eligible for exemption from the requirements of this Rule pursuant to the age-related exemption granted by the version of Rule 21 in effect on December 31, 2014 upon filing an application with the Commission. This exemption shall be claimed by completing the pertinent section on the Annual Report Statement and filing the Statement with the Commission;
(d) An attorney who is licensed to practice law in Tennessee but who resided outside of the State and did not practice Tennessee law during the compliance year may request an annual exemption from this Rule. This exemption shall be requested annually by completing the pertinent section on the Annual Report Statement and filing the Statement with the Commission;
(e) Full time Tennessee law school professors who did not engage in the practice of law during the compliance year shall not be subject to this Rule.
This exemption shall be claimed annually by completing the pertinent section on the Annual Report Statement and filing the Statement with the Commission;
(f) An attorney holding an elective office in the Executive or Legislative branches of government and who is prohibited by law from practicing law or who certifies that s/he has not practiced law during the compliance year is exempt while holding such office.
This exemption shall be claimed annually by completing the pertinent section on the Annual Report Statement and filing the Statement with the Commission.
(g) All Justices, Judges, and Magistrate Judges of the federal system shall not be subject to the requirements of this Rule in view of their required comparable continuing legal education programs.
This exemption shall be claimed annually by completing the pertinent section on the Annual Report Statement and filing the Statement with the Commission.
Attorneys born prior to 1951 are eligible to claim the AGE exemption.
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Attorneys born during or after 1951 cannot claim the AGE exemption until the year after they turn seventy (70) (e.g., an attorney born in 1951 would be eligible to receive the age exemption beginning with the 2022 compliance year).
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To receive the exemption the attorney must file a request with the Commission on CLE. The exemption form can be found in View All Forms under the For Attorney tab. See Rule 21 §2.03(c)
Possibly. Placing a law license on inactive status with the Board of Professional Responsibility does not excuse the CLE requirement. See Regulation 2B.1.
An attorney who lives outside Tennessee and does not practice Tennessee, law may be eligible to claim a non-resident exemption on the Annual Report Statement sent in February.
An attorney with an inactive law license may request inactive status with the CLE Commission if they are not practicing law in any jurisdiction by completing a Request for Inactive Status form found in the Attorney Forms section of the website. Mail or email both documents to: info@cletn.com. See Regulation 2B.2.
To become INACTIVE with the CLE Commission, you cannot be practicing law in any US jurisdiction. Your law license must also be inactive with the BPR.
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Being inactive, does not eliminate your CLE obligation. It merely puts your annual CLE obligation on hold.
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While on INACTIVE status you will not receive Progress Reports or Annual Report Statements. While on INACTIVE status you will not have any annual CLE reporting obligations. There is no length of time you can be INACTIVE with the CLE Commission.
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If you are INACTIVE with the CLE Commission, before you can resume the practice of law in any US jurisdiction, you will be required to make up the CLE you missed while inactive, to a maximum of five (5) years. For example, if you were inactive for three compliance years, you will need to make up three years of CLE. If you were inactive for twelve compliance years, you would need to make up the CLE you missed during the last five compliance years.
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The NON-RESIDENT EXEMPTION must be claimed annually on your Annual Report Statement before March 31st. following the close of the compliance year.
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Failure to either annually report hours to the Commission or to annually claim an exemption could result in penalties being assessed and the suspension of your law license in Tennessee.
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To claim the Non-Resident Exemption, you needed to live outside of Tennessee during the compliance year and you did not practice Tennessee law during the compliance year. Your status with the BPR is irrelevant. For example, your status with the BPR could be active, inactive or even suspended and you still may be able claim the Non-Resident Exemption if you qualified.
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There is no restriction on practicing law in another state other than you cannot practice Tennessee law. We assume you are taking your CLE in your home state so you are not required to report CLE to Tennessee if claiming the Non-Resident Exemption.
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There is no limitation on the number of years you can claim the Non-Resident Exemption and you do not need to make up CLE when you no longer qualify for the exemption.
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You simply need to earn your CLE beginning with the year you were no longer eligible to claim the Non-Resident Exemption.
No. If you practiced Tennessee law you cannot claim the exemption for the year. It is not a question of how much your did, it is a question of if you practiced. Remember that providing counsel and advice counts as the practice of law.
Rules & Regulations
All changes to your mailing address, email address or telephone number can only be made through the Board of Professional Responsibility’s attorney portal. The Commission receives weekly updates with changes. Incorrect contact information does NOT mitigate your CLE obligation.
The Commission sends mail and email messages to the correspondence addresses registered with the Board of Professional Responsibility. Attorneys should maintain contact information with the BPR. Attorneys should consider adding info@cletn.com to their address book to avoid messages going into junk mail folders.
Under Supreme Court Rule 9, attorneys must update contact information with the Board of Professional Responsibility (BPR) within 30 days of any change.
The Commission imports attorney contact information from the BPR via weekly digital updates. If attorney contact information is correct with the BPR, the Commission will import the changes.
Fees & Penalties
You will owe a $100 non-completion fee, and you still must complete your 15 hour CLE obligation for the compliance year.
Hours must be completed by 11:59:59 on December 31 of each compliance year.
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Your provider will report your attendance based on when you COMPLETE a course. If you begin an on-hour course at 11:45 p.m. on 12/31 and complete it at 12:45 a.m. on 1/1, that hour is considered earned on 1/1.
You will owe a $100 non-completion fee, and you will still be required to complete the required hours. The hours you earn following the close of the compliance year will first go toward your prior year shortage, then will count toward the new compliance year.
The CLE compliance year runs from January 1 to December 31. Compliance must be obtained by December 31 or you will be assessed a $100.00 penalty. If you qualify for an exemption,you can claim the exemption on the Annual Report Statement you will receive in February after the close of compliance year without penalty. Your exemption must be received by March 31 to avoid the late penalty.
Whether payment is required by the provider or an attorney, the two dollar ($2.00) per credit hour posting fee must be paid before the attendance will be counted toward compliance.
Yes, but you must first complete your CLE and pay any outstanding fees.
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You will need send us the Affidavit of Compliance (AOC) listing the credits you have earned that will put you in compliance along with proof of payment of any outstanding fees.
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The Affidavit of Compliance can be emailed, faxed, hand delivered or mailed. Please only send it to us once.
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If time is of the essence, do not place it in the mailbox and hope it gets to us in time. It is your repsonsibility to make sure the CLE courses listed on the Affidavit get posted to you account within 30 days of your completing the course.
December 31 — the deadline for earning hours without $100 late fee.
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February 28 — the Annual Report Statement (“ARS”) is mailed to attorneys.
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March 31 — the ARS must be completed and received by the Commission by attorneys reporting hours or claiming an exemption. (Attorneys whose white ARS shows sufficient hours and no fee due do not have to return the ARS.) Documents mailed, hand delivered, faxed or e-mailed to the CLE Commission must be received by close of business March 31 (4:30 PM Central Time)
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April 30— Notices of Non-Completion and Affidavits of Completion are sent certified mail to non-compliant attorneys with insufficient hours or owing fees.
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May 31 — May 31 is the deadline for establishing compliance by filing the Affidavit of Completion or claiming a valid exemption. Compliance means the hours necessary for compliance have been earned or a valid exemption has been claimed and all fees have been paid to the CLE Commission. Documents hand delivered, faxed or e-mailed to the CLE Commission must be received by close of business May 31 (4:30 PM Central Time) unless this date falls on Saturday, Sunday or a legal holiday and then it must be received by the close of business (4:30 PM Central Time) the following Monday. Failure to comply with this deadline will result in the imposition of the $200.00 delinquent compliance penalty.
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June 1 — $200 late fee assessed to non-compliant attorneys who have not filed Affidavit of Completion and paid all fees due.
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June 28 — Draft Suspension Order sent certified mail to non-compliant attorneys.
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August 8 — Deadline for filing Affidavit of Completion and paying all fees to avoid being included on the Suspension Order submitted to the Tennessee Supreme Court.
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August 15 – the Final Suspension Order is submitted to the Tennessee Supreme Court. Attorneys not in active status with BPR will be placed in suspended status and a $500 suspension fee is assessed. Upon entry of the Suspension Order by the Court, the $500 suspension fee will be assessed to noncompliant active status attorneys, those attorneys will be moved to suspended status, and a copy of the Suspension Order will be mailed to all Courts in Tennessee. See Rule 21 §7.
Fees can be waived only when they were assessed erroneously and the attorney was in CLE compliance by December 31 (all hours were earned and all fees were paid). See Rule 21 § 7.
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An attorney may request a waiver of fees in exceptional circumstances by completing the Request For Substitute Program/Request for Exceptional Relief found on the CLE website under For Attorneys View ALL Forms. See Rule 21 § 2.04
Reports/Administration
You can also click on “forgot PIN” on the attorney login screen. Your PIN will be sent to the email address listed with the Board of Professional Responsibility.
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Your PIN is also listed on the CLE Progress Report that you receive in the fall.
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If you have not received your PIN within 10 minutes, check your SPAM folder for an email from info@CLETN.com.
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Specialization
To initially register your legal specializaton, send the CLE Commission a copy of the letter you received from the certifying agency to: info@cletn.com.
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You do not need to complete any other forms initially. You will need to renew you registration annually with us.
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Please contact Mike Sandler at 615-741-3096 with any specialization questions you may have.
Absolutely! You can advertise your specialization so long as you remain current with the Certification Board and annually register your certification with the CLE Commission.
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You can NOT advertise that you are certified by the Tennessee Commission on CLE because we no longer certify attorneys in legal specialites. We leave that up the organizations approved by the ABA Board of Delegates.
