Draft Laws

ADVOCATES’ PROCLAMATION NO…/2019 (Draft)

Sub-section Two – Continuing Legal Education

Article 27

Objectives

The objectives of continuing legal education are to ensure that:

  1. advocates continue their education to have and maintain the requisite knowledge and skill necessary to fulfill their professional responsibilities; and
  2. advocates, throughout their careers, remain current regarding the law, their obligations, the standards of the profession and the management of their practices.

Article 28

Mandatory Continuing Legal Education

  1. Every advocate shall annually complete a minimum of 24 hours of continuing legal education.
  2. The continuing legal education shall include, but not limited to, the subjects of:
    1. practical and theoretical substantive and procedural laws; and
    2. advocates’ ethics and the rules of professional conduct.

Article 29

The Continuing Legal Education Board

  1. The Continuing Legal Education Board shall be established by the Federal
  2. The Board shall consist of 7 members directly appointed by the Federal Bar represented from law schools, the legislature, the judiciary, and other relevant institutions.
  3. The Federal Bar shall appoint the chairperson and vice chairperson of the Board.
  4. The Board may designate other officers and committees as it deems appropriate.

Article 30

Powers and Duties of the Board

The powers and responsibilities of the Board shall be to:

  1. administer the relevant rules of this Proclamation and any other law relating to continuing legal education;
  2. adopt directives and procedures consistent with these rules;
  3. report to the Federal Bar at least annually and at such other times as the Federal Bar shall require;
  4. submit a budget proposal for approval by the Federal Bar, to receive monies and to expend funds for the operation of the Board to fulfill its duties under this Proclamation;
  5. employ an administrator and such other staff as may be required from time to time;
  6. accredit providers of continuing legal education;
  7. approve subjects that will receive credit for the purpose of continuing legal education requirements;
  8. audit, examine, inspect and review the operations of providers, including instructors, classes, curricula, teaching materials, facilities, income and receipts from CLE to ensure compliance with these rules and other rules adopted by the Board;
  9. impose sanctions on continuing legal education providers for violation of this Proclamation or any other applicable law;
  10. impose, subject to the approval of the Federal Bar, reasonable fees upon continuing legal education providers for the support of the Board’s operations and to reimburse the Board for expenditures relating to continuing legal education providers generally or to impose reasonable fees upon a continuing legal education provider for expenditures relating to such provider or its operation; and
  11. impose, subject to the approval of the Federal Bar, reasonable fees upon advocates to reimburse the Board for expenditures relating to advocates generally or to impose reasonable fees upon a practicing advocate for expenditures relating to such practicing advocate.

Article 31

Accredited Continuing Legal Education Providers

  1. An organization engaged in continuing legal education during the two (2) years immediately preceding its application may apply to the Board for accreditation as a continuing legal education
  2. An accreditation by the Board shall constitute the prior approval of continuing legal education courses offered by such provider, subject to amendment, suspension or revocation of such accreditation by the Board.
  3. The requirement of two (2) years provided in Sub-article 1 of this Article shall not apply until the fourth anniversary of the effective date of this Proclamation.
  4. The Board shall establish by directive the procedures and requirments for the accreditation of continuing legal education providers as well as the sanctions to be imposed for failure to comply with this Sub-section.

Article 32

Financing the Continuing Legal Education Board

  1. The cost of establishing, maintaining and operating the Board shall be paid by the continuing legal education providers through fees per credit established by the Board and paid to the Board at the time of the filing of an enrolment form.
  2. In the discharge of its responsibility, the Board shall adjust as far as possible any fee schedule adopted so as to reduce the financial impact on advocates in the early years of practice and sole practitioners generally.
  3. If payment is not received by a due date to be established by the Board, the Board may impose sanctions on the provider, including revocation of accreditation.
  4. The Board shall annually obtain an independent audit by a recognized auditor of the funds entrusted to it and their disposition and shall file a copy of the audit with the Federal

Article 33

Reporting Responsibilities

  1. Continuing legal education providers shall enrol attendees in the continuing legal education courses and shall file a written form with the Board or provide an electronic transmission to the Board listing all participants seeking continuing legal education credit under this Proclamation in a format approved by the Board within thirty (30) days of the date of presentation of the course.
  2. The Board shall require verified statements from the continuing legal education providers as to the accuracy of the report it receives.
  3. The Board shall notify each advocate of his continuing legal education status _____days prior to the end of the compliance period to which the advocate has been assigned and shall provide a final compliance notice after the end of the compliance period.
  4. The compliance period is the one year period between the date of issuance of an advocate’s license up to its expiry.
  5. An advocate whose Board report indicates compliance with the continuing legal education requirement may assume that he is in compliance.
  6. If an advocate disagrees with the enrolment or annual reporting forms, he shall within thirty (30) days of the date thereof notify the Board in writing setting forth the matter in dispute.
  7. The Board shall issue directives providing for review of its determination of the continuing legal education credits earned by an advocate and for resolving disputes.
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