Confused About New Attorney CLE in NY Forum

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Confused About New Attorney CLE in NY

Post by Anonymous User » Fri Jan 13, 2023 11:47 am

Hello! I am confused about certain aspects of New York's CLE requirements and can't find much guidance online. Mainly, I don't know whether I'm required do any CLE for my first year or not, based on my circumstances.

For background, I was admitted to the NY bar at the end of April 2022. At that time, I worked for a legal nonprofit, and continued working there for another four months. In that role, I was never involved in litigation or representing clients—I almost exclusively worked on legislative projects and legal research for my supervisor. The closest I got to really feeling like a practicing attorney was one project during which I did research on standing when we were considering potentially bringing a lawsuit at one point. Following this PI fellowship, I began clerking in an out-of-state federal district court, which is where I currently work.

From my understanding, I do not need to do CLE for any of the months I've been clerking, since I'm out-of-state. However, I'm unsure whether I need to do 6 prorated credits for the four months during which I was admitted and working for the legal nonprofit. The NY CLE Rules state the following:
  • Attorneys practice law pursuant to this section if, during the reporting period, they give legal advice or counsel to, or provide legal representation for, a particular body or individual in a particular situation in either the public or private sector. The practice of law does not include the performance of judicial or quasi-judicial (e.g., administrative law judge, hearing officer) functions
I'm really not sure if my time at the legal nonprofit qualified as practicing law under this rule. My role primarily consisted of legislative/regulatory advocacy and drafting, and I don't think that necessarily makes someone a practicing attorney, right?

If I do need to do CLE, I'm not sure how I'm going to do the 6 credits outside of paying for courses myself, since the court's CLE courses aren't applicable for newly admitted NY attorneys (they explicitly say so). Ugh...

Edit: Realizing I'd only need to do 4 prorated credits since I have 2 ethics credits.


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