With the compliance year beginingon November 1, 2011, Virginia will limit the number of pre-recorded (non-live) credits an attorney may use to fulfill his or her mandatory requirements to eight (8) credit hours.
From the Virginia State Bar website:
"The Mandatory Continuing Legal Education Board has always considered live interaction with course presenters and other attorneys a valuable educational component. The new regulations recognize the advantages of modern technology in continuing legal education while balancing the benefits of professional interaction. The board has determined that a minimum hourly requirement for courses that provide simultaneous live interactivity will be required. Effective November 1, 2011, for the compliance year that ends October 31, 2012, the new MCLE regulations will require active attorneys to attend a minimum of 4 credit hours of live interactive programming. “Live” programs are defined as courses where there is simultaneous, live interactivity with course presenters during the program and will include traditional live on-site programs, live presentations delivered via telephone or webcast, or other courses that may be developed that include simultaneous, live interaction with the presenter or a qualified discussion facilitator during the program."
As noted above, attorneys may still complete the four "live interactive" credits through technological means - webcast or teleseminar - they do not have to be completed through attendance at live in-person conferences. The required two credits of ethics may be earned with pre-recorded programs as well as live.
One interesting note is that all carryover credits from 2011 will count toward the 2012 live interactive requirement even if they were earned through pre-recorded programs. This will certainly allow for some flexibility for attorneys who have traditionally taken all of their credits with recorded programs transitioning to the new requirement. Going forward, with subsequent compliance periods, a maximum of eight hours (including ethics) may be carried forward from pre-recorded programs.
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