Small Law Firms

CLE Requirements Are Usually A Big Waste Of Time

Even if bar authorities require individuals to complete CLE requirements, there is no way that they can require attorneys to actually pay attention.

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As many readers of this website already know, practicing attorneys in all but a handful of states must complete mandatory continuing legal education (CLE) requirements.  Although each state has different requirements, attorneys in most states must certify that they endured hours of classes on legal topics every few years or so.  The CLE requirements in the legal arena are similar to the continuing education requirements of physicians, dentists, and other professionals.

From a policy perspective, it makes sense why states would require attorneys to learn about developments in the law, since the law is constantly changing, and it is beneficial for lawyers to be well-versed on many legal topics.  In addition, many conferences have events that qualify for CLE credits, and as a result, requiring attorneys to complete CLE credits also incentivizes attorneys to attend conferences and become more involved in the legal community.  However, as many attorneys are already aware, mandatory CLE requirements are usually a waste of time.

One of the main reasons why CLE requirements are not useful is because it is easy to complete CLE requirements without actually paying attention to the content of CLE presentations.  Indeed, many states allow attorneys to complete CLE credits online or through other remote means.  It is, of course, advantageous in our connected world for attorneys to be able to complete CLE credits at their convenience without needing to appear for CLE classes in person.

However, it is easy enough to complete CLE requirements through the internet or other remote means without paying attention to the content being presented.  This is because attorneys can usually just click compliance buttons when prompted by the presentation, or just keep their ears perked for the compliance codes included in the course.

I first saw an attorney completing a CLE through the internet while I was a summer associate.  This attorney was reviewing a memo I had drafted while listening to a CLE class in the background.  When a prompt came on the screen for him to click, he did so without even interrupting our conversation.  I am sure that many attorneys reading this article either click through CLEs while performing other work or know lawyers who do.

Even if bar authorities require individuals to complete CLE requirements, and certify that they attended a certain number of CLE courses, there is no way that they can require attorneys to actually pay attention.  As a result, CLE classes usually do not help attorneys learn new information about the law.

Some states require attorneys to complete some or all of their CLE credits in person.  However, this just drains the energies of attorneys more than allowing lawyers to complete CLEs through the internet.  Attorneys physically present at CLE classes usually do not pay attention either, and can you blame them?   Many attorneys, especially lawyers who run their own firms, have to spend time on a number of legal and administrative tasks, and mandatory CLE requirements are just additional burdens on attorneys who are already swamped with other work.

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I remember the first time I completed an in-person CLE a few months after I was admitted to the bar.  There were about 100 attorneys in a stadium-like lecture hall, and not one person seemed to be paying attention.  I sat in the back of the lecture hall and could see that about half of the attorneys were watching the March Madness games that were going on during the event, and most of the other attorneys were doing work.  It was easy enough to listen for compliance codes without paying attention to the presentations, especially since the presenters went out of their way to broadcast the compliance codes whenever they were read.  As a result, most attorneys don’t learn anything valuable at CLE courses, and they are usually just a waste of time.

There is, of course, value to CLE classes in some situations.  Often, when attorneys are handling a matter for the first time, they wish to view a CLE course on a subject so they can become familiar with the basic principles underlying an area of the law.  I myself have done this in the past, and sometimes, having a practitioner in a field explain a subject to you is better than reading a treatise or a blog post on a topic.  As a result, there would be a market for CLE-style courses even without requirements that attorneys endure CLE classes every so often.

CLE courses aren’t even typically the best way for attorneys to engage with each other and learn about developments in the law.  More and more, attorneys are using message boards, email lists, newsletters, and other resources to learn about developments in the law.  Forcing attorneys to sit through lectures like we did in law school is an “old school” method that is much different than the ways that most attorneys interact with one another and learn about legal principles.

Of course, the CLE industry is massive, and anyone who has had to fork over hundreds of dollars on CLE classes knows that CLE companies rake in massive amounts of money.  I am sure that this industry will do everything possible to prevent changes to current CLE requirements.

However, requiring attorneys to complete mandatory CLE credits is usually a waste of time.  Lawyers have little incentive to actually pay attention during CLE presentations, and the format of many CLE courses is pretty ineffective at teaching information about the law.

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Jordan Rothman is the Managing Attorney of The Rothman Law Firm, a New Jersey and New York litigation boutique. He is also the founder of Student Debt Diaries, a website discussing how he paid off his student loans. You can reach Jordan through email at jrothman@rothmanlawyer.com.

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