Letter from the Editor: AUTHORS NEEDED!
By Michael A. Meschino
Did you know that NWSBA members and non-Members may earn CLE credits for writing articles for Newsbriefs? The MCLE Board of the Supreme Court of Illinois has advised that they will provide CLE credits for anyone "evincing legal scholarship". An important requirement is that the attorney should maintain contemporaneous records of the hours spent on the publication.
Rule 795(d)(7) states in relevant part the following:
"Writing law books and law review articles, subject to the following:
(i) An attorney may earn credit for legal textbooks, casebooks, treatises and other scholarly legal books written by the attorney that are published during the two-year reporting period.
(ii) An attorney may earn credit for writing law-related articles in responsible legal journals or other legal sources, published during the two-year reporting period, that deal primarily with matters related to the practice of law, professionalism, diversity issues, mental illness and addiction issues, civility, or ethical obligations of attorneys. Republication of any article shall receive no additional CLE credits unless the author made substantial revisions or additions.
(iii) An attorney may earn credit toward MCLE requirements for the actual number of hours spent researching and writing, but the maximum number of credits that may be earned during any two-year reporting period on a single publication shall be half the maximum CLE hours required by Rule 794(a) and (d). Credit is accrued when the eligible book or article is published, regardless whether the work in question was performed in the then-current two-year reporting period. To receive CLE credit, the attorney shall maintain contemporaneous records evincing the number of hours spent on a publication."
What this means is that Illinois attorneys can earn credit for writing law related articles in a responsible legal journal such as our Newsbriefs, or other recognized legal sources that deal primarily with matters related to the practice of law, professionalism, diversity issues, mental illness and addiction issues, civility or ethical obligations of attorneys. For law related articles the attorney can earn credit within the two year reporting period only if the work is published during that particular reporting period regardless of when the work was written.
There are certain restrictions. For instance, an attorney may earn credit towards CLE requirements for the actual number of hours spent researching and writing the article but the maximum number of credits that it may earn during any two year reporting period on a single publication is half the maximum CLE hours required for that reporting period. To receive CLE credit the attorney needs to maintain contemporaneous records evincing the number of hours spent on a publication.
Additionally, the following activities do not qualify for MCLE publication credit:
(1) Editing any legal writing written by someone else; (Curses, foiled again!)
(2) Writing an article or other written work appearing in a publication for general circulation or in a publication directed to a non-lawyer audience.
(3) Legal research-based writing appearing in any publication, whether print or electronic, that is controlled by the applicant or by the applicant’s firm or employer; and
(4) Briefs, pleadings or other documents that have been submitted to a court in any pending case or proceeding or prepared in connection with the representation of a client.
We have all experienced cases where we’ve had to do excessive research and writing on an issue related to a client. It would seem to me that there are a number of interesting legal issues that could come out of your own work where the majority of the research and writing has already been done. As long as you maintain contemporaneous records for the research and writing of the article (not the brief) and the article is published in Newsbriefs you can receive and qualify for MCLE publication credit.
Please note that republication of an earlier article published in some other legal journal does not earn additional CLE credit to the attorney unless the author made substantial revisions or additions to the article since it was first published.
This is an excellent way to obtain MCLE credits, gain credibility in the legal community and bolster your resume.
If you have questions or are interested in submitting an article for Newsbriefs, please contact Michael Meschino at 847-991-7090 or mikedsl@ameritech.net. |