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Ch 41, p.4 CONTINUING LEGAL EDUCATION May 2012 Rule 41.9 Compliance with Iowa rules of professional conduct. 41.9(1) Each lawyer describing the lawyer’s practice as permitted by Iowa Rs. of Prof’l Conduct 32:7.4(a) and (c) shall report annually the lawyer’s compliance with the eligibility requirements of Iowa R. of Prof’l Conduct 32:7.4(e) on a form approved by the commission. A lawyer may report compliance with the requirement for percentage or hours of practice by providing a statement of compliance. 41.9(2) In reporting compliance with the continuing legal education requirements, the lawyer shall identify the specific courses and hours that apply to each designated or indicated field of practice. The lawyer may obtain up to six hours of the continuing legal education requirement for each designated or indicated field of practice through completion of computer-based legal education courses accredited by the commission. 41.9(3) If, due to hardship or extenuating circumstances, a lawyer is unable to complete the hours of accredited continuing legal education during the preceding calendar year as required by rule 32:7.4(e), the lawyer may apply to the commission for an extension of time in which to complete the hours. No extension of time shall be granted unless written application for the extension is made on a form prescribed by the commission. An extension of time shall not exceed a period of six months immediately following the last day of the year in which the requirements were not met. 41.9(4) The portion of the report required by this rule shall be considered public information. [Court Order April 20, 2005, effective July 1, 2005] Rule 41.10 Reinstatement from suspension. 41.10(1) An attorney who has been suspended for failure to pay the annual fee, complete required continuing legal education, or file the annual report required by rule 41.4 may be reinstated upon a showing that such failure was not willful and by filing such report showing completion of all continuing legal education required by Iowa Ct. Rs. 41.3 and 42.2 through the end of the last complete reporting year. An attorney seeking reinstatement after suspension for failure to comply with the provisions of this rule shall pay all delinquent fees and late filing penalties due under rule 41.4 and a reinstatement fee of $100.00. 41.10(2) An attorney who applies for reinstatement from suspension under the provisions of chapter 35 of the Iowa Court Rules shall first file the annual report required by rule 41.4 showing completion of all continuing legal education required by Iowa Ct. Rs. 41.3 and 42.2 through the end of the last complete reporting year, pay all fees and late filing penalties due under rule 41.4 and unpaid at the time of the suspension, and pay a reinstatement fee of $100.00. The commission may grant an attorney additional time after the effective reinstatement date, on such terms and conditions as it may prescribe, to complete and furnish evidence of compliance with these continuing legal education requirements. [Court Order April 25, 2008] Rule 41.11 Denial of reinstatement for failure to comply with certain obligations. 41.11(1) Denial of reinstatement for failure to comply with an obligation owed to or collected by the Centralized Collection Unit of the Department of Revenue. The supreme court may deny a lawyer’s application for reinstatement under rule 41.7 or 41.10 for failure to comply with an obligation owed to or collected by the Centralized Collection Unit of the Department of Revenue. The procedure shall be governed by rule 35.22. 41.11(2) Denial of reinstatement for failure to comply with an obligation owed to or collected by the College Student Aid Commission. The supreme court may deny a lawyer’s application for reinstatement under rule 41.7 or 41.10 for failure to comply with an obligation owed to or collected by the College Student Aid Commission. The procedure shall be governed by rule 35.21. 41.11(3) Denial of reinstatement for failure to comply with a support order. The supreme court may deny a lawyer’s application for reinstatement under rule 41.7 or 41.10 for failure to comply with a support order. The procedure shall be governed by rule 35.20. [Court Order June 5, 2008, effective July 1, 2008; February 20, 2012] Rule 41.12 Basic skills course requirement. 41.12(1) Every Iowa lawyer admitted to practice by examination after December 31, 2008, must complete a Basic Skills Course. The course must be completed within one year of the newly admitted
May 2012 CONTINUING LEGAL EDUCATION Ch 41, p.5 lawyer’s date of admission to practice in Iowa. 4 The course may be completed after the last day of the bar examination that resulted in admission. If the course is completed after the last day of the bar examination, but the applicant fails the examination, the applicant will remain in compliance with this rule so long as the applicant passes the next examination offered. 41.12(2) The Basic Skills Course must total at least eight actual hours of instruction and include at least one actual hour qualifying for credit in the area of legal ethics. The course shall include instruction on Iowa law selected from at least eight of the following topic areas: Civil Procedure Criminal Law Criminal Procedure Family Law Guardianships, Conservatorships, Trusts, and Powers of Appointment Business Entities Probate Torts Contracts Real Estate Transactions Ethics and Professionalism 41.12(3) Newly admitted lawyers shall be entitled to claim credit for attendance at an accredited Basic Skills Course against the continuing legal education requirements of rules 41.3 and 42.2, but are not exempt from reporting and fee payment duties of rule 41.4. 41.12(4) A lawyer who fails to complete the Basic Skills Course within one year of the date of admission may have the right to practice law suspended under the provisions of rule 41.5. 41.12(5) The commission may, in individual cases involving hardship or extenuating circumstances, grant waivers of the Basic Skills Course requirement or extensions of time in which to complete the Basic Skills Course. 41.12(6) The Basic Skills Course may be offered by any provider of continuing legal education, but must be reviewed and accredited by the Commission on Continuing Legal Education as provided in rule 42.4. The Basic Skills Course may be conducted in installments over time, and may be offered by computer-based transmission as provided in rule 42.3. Any provider of the Basic Skills Course is required to report attendance in the manner specified by the commission. [Court Order October 9, 2009; November 24, 2010] 4. As an interim implementation provision, lawyers admitted during calendar year 2009 must complete the Basic Skills Course within two years of the newly admitted lawyer’s date of admission to practice in Iowa.
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