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PROFESSIONAL RULES

Rules of the Minnesota State Boardof Continuing Legal Education

Rule 14.Emeritus Status

A.Qualification.

A lawyer who is on retired status pursuant to Rule 7 of the Rules of the Supreme Court on Lawyer Registration and who has elected restricted status under the CLE Rules may elect emeritus status by complying with the requirements for emeritus status listed below.

B.Limitation of Practice.

A lawyer on emeritus status is authorized solely to provide pro bono legal representation to a pro bono client in a matter referred to the lawyer by an approved legal services provider.

C.Contents of Emeritus Affidavit Appendix IV.

Prior to representation as described by Rule 14B, the lawyer shall complete and submit to the Board an affidavit of emeritus status (Appendix IV) which shall include the following:

(1) The list of approved CLE courses that the lawyer has attended or participated in during the 90-day period immediately preceding the submission of the emeritus affidavit, totaling no fewer than 5 credit hours of approved continuing legal education courses, and including:

(a) 3 credit hours in approved courses in the substantive area of law in which the lawyer intends to be performing pro bono services;

(b) 1 credit hour approved as ethics or professional responsibility; and

(c) 1 credit hour approved as elimination of bias in the legal profession and in the practice of law.

(2) A certification signed by the emeritus lawyer, affirming that if the lawyer provides pro bono representation in multiple areas such as in a brief advice clinic, the lawyer shall obtain the necessary training and resources to provide those services in a competent and ethical manner.

D.Transfer to Emeritus Status.

When a lawyer submits an affidavit of emeritus status, the Board office shall verify the information and shall, for a period of three years, maintain a public posting on the Board's website listing the lawyer's name as being on emeritus status.

E.Expiration of Emeritus Status.

Emeritus status shall expire three years from the date that the lawyer's name is posted. A lawyer shall not represent clients after expiration of the lawyer's emeritus status.

F.Renewal of Emeritus Status.

Prior to the expiration of a lawyer's emeritus status, the lawyer may renew emeritus status by submitting to the Board an affidavit of emeritus status (Appendix IV) which shall include the following:

(1) The list of approved CLE courses attended or participated in by the lawyer during the three-year period immediately preceding the submission of the emeritus affidavit, totaling no fewer than 5 credit hours of approved continuing legal education courses, and including:

(a) 3 credit hours in approved courses in the substantive area of law in which the lawyer intends to perform pro bono services;

(b) 1 credit hour approved as ethics or professional responsibility; and

(c) 1 credit hour approved as elimination of bias in the legal profession and in the practice of law.

(2) A certification signed by the emeritus lawyer, affirming that when the lawyer provides pro bono representation in multiple areas such as in a brief advice clinic, the lawyer shall obtain the necessary training and resources to provide those services in a competent and ethical manner.

(Added effective July 1, 2013; amended effective July 1, 2018.)