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What if circumstances prevent an attorney from complying with the CLE requirement?

Question and Answer

What if circumstances prevent an attorney from complying with the CLE requirement?

An attorney may file an application for a waiver of the requirement and must show by clear and convincing evidence either

  1. undue hardship, or
  2. circumstances beyond the control of the attorney that prevents compliance in any reasonable manner with the CLE requirement.

For the Board to consider a waiver based on a medical reason, the application must be accompanied by a certification from a licensed physician (BCLE Reg. 202:3). Depending on the circumstances, the Board may grant either a complete waiver of the CLE requirement for the compliance period or may grant another remedy, such as allowing the attorney to satisfy the requirements through 100% alternative verifiable learning format courses (BCLE Reg. 202:2).