Is it possible to have the non-completion or suspension fees waived?
Fees can be waived only when they were erroneously assessed and the attorney was in CLE compliance by the stated deadline. Compliance means all hours were earned and all fees were paid. See Tenn. Sup. Ct. R. 21 § 7. An attorney may request a waiver of fees in exceptional circumstances by completing the Exceptional […]
What are the deadlines for CLE compliance and penalties for noncompliance?
December 31 – Deadline for earning hours without $100 late fee. February 28 – The Annual Report Statement (“ARS”) is emailed to attorneys. March 31 – The ARS must be completed and submitted to the Commission via the website for attorneys reporting hours or claiming an exemption. April 30 – Notices of Non-Compliance sent certified […]
Can an attorney listed on the Draft Suspension Order avoid suspension?
Absolutely, but attorneys must complete all CLE hours for the previous compliance year and pay all outstanding fees. If CLE hours are not immediately reported by the provider, the Commission will accept an Affidavit of Compliance (AOC) from the attorney to hold a suspension in abeyance until the provider reports the hours. If hours listed […]
Why do I owe money before a course will post?
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.
What is the latest I can get my hours without penalty?
The CLE compliance year runs from January 1 to December 31. Hours must be completed by 11:59:59 p.m. on December 31, or you will be assessed a $100 penalty. Your provider will report your attendance based on when you COMPLETE a course. If you begin a one-hour course at 11:45 p.m. on 12/31 and complete […]
What if I don’t have my hours by December 31st?
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.
I have not lived in Tennessee for years and have been claiming the non-resident exemption. This year I [provided a little advice or Tennessee law/ made a short appearance in court/ filed a legal document and the case closed days later]. Can I still claim the non-resident exemption for this compliance year?
No, if you practiced Tennessee law, even briefly, you cannot claim the exemption for the year. Remember that providing counsel and advice counts as the practice of law.
What is the difference between going inactive with the CLE Commission and claiming the non-resident exemption?
To become INACTIVE with the CLE Commission: (1) you cannot practice law in any U.S. jurisdiction and (2) your law license must be inactive with the BPR. Placing your license in inactive status with the Board of Professional Responsibility (BPR) does not automatically eliminate your CLE obligation. Attorneys must also request inactive status with the […]
Are attorneys with inactive law licenses required to earn CLE?
Possibly. Placing a law license on inactive status with the Board of Professional Responsibility does not automatically excuse the CLE requirement. See Regulation 2B.1. An attorney who places his or her license on inactive status with the Board of Professional Responsibility but has not placed his or her license on inactive status with the Commission […]
I requested and received exceptional relief. If my situation/condition has not changed, do I need to apply again for exceptional relief?
Yes. Exceptional relief is provided only for the compliance year(s) specified in the Commission’s grant of such relief. It is not ongoing.
