Mandatory Continuing Legal Education

Dear PAO,

My lawyer canceled our meeting because he needed to attend a lecture which he labeled as "MCLE." I am just curious: what is this MCLE and why did it take up my lawyer’s time?

Svit

Dear Svit,

MCLE is an acronym which stands for “Mandatory Continuing Legal Education.”

The Supreme Court, through Bar Matter 850 (BM 850) dated Oct. 2, 2001, required practicing lawyers — or all practicing members of the Integrated Bar of the Philippines (IBP) — to attend MCLE lectures to ensure that throughout their careers, they keep abreast with current laws and jurisprudence, maintain the ethics of the profession, and enhance the standards of the practice of law. (Section 1, BM 850)

The MCLE lectures may take up your lawyer’s time because Section 2 of BM 850 requires lawyers to complete at least 36 hours of continuing legal education activities approved by the MCLE committee, every three years. These 36 hours are comprised of:

“SEC. 2. Requirements of completion of MCLE. – Members of the IBP not exempt under Rule 7 shall complete every three (3) years at least thirty-six (36) hours of continuing legal education activities approved by the MCLE Committee. Of the 36 hours:

"a.) At least six (6) hours shall be devoted to legal ethics equivalent to six (6) credit units.

"b.) At least four (4) hours shall be devoted to trial and pretrial skills equivalent to four (4) credit units.

"c.) At least five (5) hours shall be devoted to alternative dispute resolution equivalent to five (5) credit units.

"d.) At least nine (9) hours shall be devoted to updates on substantive and procedural laws, and jurisprudence equivalent to nine (9) credit units.

"e.) At least four (4) hours shall be devoted to legal writing and oral advocacy equivalent to four (4) credit units.

"f.) At least two (2) hours shall be devoted to international law and international conventions equivalent to two (2) credit units.

"g.) The remaining six (6) hours shall be devoted to such subjects as may be prescribed by the MCLE Committee, equivalent to six (6) credit units; these are:

"a. Technology and the Law

"b. Law and Economics

"c. Environmental Law

"d. International Legal Processes

"e. Transnational Business Transaction

"f. Law Reforms in Specific Areas of Law

"g. Law as a Means of Social Control”

In fact, Bar Matter 1922 dated June 3, 2008 requires practicing members of the Bar to indicate, in all pleadings filed before the courts or quasi-judicial bodies, the number and date of issue of their MCLE Certificate of Compliance. Hence, MCLE is not optional but rather a continuing requirement to effective and dynamic lawyering.

We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.