Are carryover CLE credits allowed in New York?

New York does not have a status labeled “inactive attorney” for CLE purposes; instead, attorneys who do not practice law in New York during a reporting cycle may be exempt from CLE under 22 NYCRR § 1500.5(b)(1).

If an attorney certifies as retired (under 22 NYCRR § 118.1(g)), that attorney is exempt from CLE entirely.

Details:

• All New York attorneys are presumed to practice law in the state; to claim exemption, the attorney must show they did not practice law in New York during the entire biennial CLE cycle (i.e. gave no legal advice or representation).
• If an attorney practices law in New York in any part of the cycle, a prorated CLE requirement may apply: 1 hour of CLE credit for each month during which the attorney practiced.
• A retired attorney, by certifying retirement under § 118.1(g), is exempt from paying the registration fee and from CLE requirements, so long as the retirement condition (no compensated practice) is met.
• If a retired attorney returns to active status, the CLE obligations resume prospectively.
• The CLE Rules also allow for waiver or modification of CLE obligations in cases of hardship or extenuating circumstances.

Key Takeaway:
In New York, there is no “inactive attorney” CLE status—but attorneys who do not practice law in New York may be exempt for that cycle, and certified retirees are permanently exempt unless they return to practice.

In New York, you don’t “report” CLE credits immediately — you certify compliance only when you file your attorney registration form following your reporting cycle. The CLE section of the registration is when your credits are reported.

You may, however, apply for accreditation of out-of-state or nonapproved courses within 30 days after attending them if needed.

Key Details

• New York operates on a biennial (two-year) reporting cycle tied to your birthday.
• You certify your CLE compliance in the CLE section of your attorney registration form, which is submitted within 30 days after your birthday in alternate years.
• You do not send certificates to the CLE Board; you are responsible for retaining them for audit for at least four years.
• If you take a course not preapproved by New York, you may submit an Application for Accreditation within 30 days after the course date.
• Once your registration form is filed, the CLE section acts as your “report” of what credits you’ve earned during the biennial period.

Key Takeaway
In New York, you formally “report” CLE credits only when you fill out your attorney registration form after your biennial cycle — not immediately after each course.

Yes — New York attorneys may request an extension of time to complete CLE requirements in cases of undue hardship or extenuating circumstances. The NYS CLE Board permits extensions of up to 90 days under its rules.

Key Provisions & Process

• Under 22 NYCRR § 1500.14, attorneys (including newly admitted ones) may petition for a waiver or modification of CLE requirements, and may request an extension for extenuating circumstances not to exceed 90 days.
• The NYS CLE Board provides an Application for Extension of Time (CLE), which must be submitted via email to the CLE office.
• The CLE Board may grant extensions “based upon undue hardship or extenuating circumstances.”
• While awaiting decision, attorneys must continue completing any remaining CLE.

What You Should Do

1. Download and complete the Application for Extension of Time (CLE) form.
2. Email the completed application to the CLE Board ([email protected]).
3. Explain your hardship or extenuating circumstances, list CLE credits earned, and propose a plan to finish the remainder.
4. Await processing, which may take 30-45 days.
5. If granted, complete and submit CLE under the extended schedule; update your attorney registration form and filing as required.

Limitations & Considerations

• The extension is discretionary — not guaranteed.
• The extension generally may not exceed 90 days, unless special circumstances justify more.
• The extension does not relieve you of the obligation to timely file your Attorney Registration form or pay required fees.
• Approval depends on the strength of your justification and documentation.
• Extensions do not alter the required CLE categories or amounts — you still must meet the full requirement under NY rules.

Key Takeaway

New York allows for a limited extension (commonly up to 90 days) to complete CLE for undue hardship or extenuating circumstances — file a CLE extension application, support it with documentation, and continue pursuing compliance even while the request is pending.

Yes, at least one state — New York — requires a dedicated CLE credit in cybersecurity, privacy, and data protection. Other states are moving toward similar mandates through broader “technology CLE” requirements.

Current Cybersecurity CLE Requirements

• New York: Attorneys must complete 1 credit in cybersecurity, privacy, and data protection as part of their biennial CLE cycle (effective July 1, 2023).
• Florida: Requires 3 technology-related CLE credits every three-year cycle, which may include cybersecurity training.
• North Carolina: Requires 1 technology CLE credit annually, and cybersecurity courses may satisfy this requirement.
• New Jersey: Beginning in April 2025, attorneys must complete 1 technology CLE credit per biennial cycle, potentially including cybersecurity content.

Practical Implications

• Cybersecurity CLE is not yet universal but is becoming more common as part of broader technology-competence rules.
• Attorneys should confirm whether their state recognizes cybersecurity as a standalone requirement or as part of technology or ethics credits.
• Sprout Education tracks emerging CLE categories like cybersecurity and ensures attorneys meet both current and new compliance standards.

Key Takeaway: Cybersecurity CLE is required in New York and may be covered under technology CLE in states like Florida, North Carolina, and New Jersey, but it is not yet a universal mandate.

The CLE reporting deadline in New York is within 30 days after your birthday in the second year of your biennial cycle.

Attorneys must complete their CLE requirement by that same date, then certify compliance when they file their biennial attorney registration.

New York CLE Reporting Rules

• Experienced attorneys: 24 CLE credits every two years, reporting within 30 days after your birthday.
• Newly admitted attorneys: Complete 16 credits in each of the first two years and certify at registration.
• Reporting method: Certification of CLE compliance is part of the biennial registration form — no separate CLE-only filing.

Key Takeaway: In New York, your CLE reporting deadline is tied to your birthday — within 30 days after it — in the second year of your two-year cycle.

No — New York’s CLE rules do not distinguish part-time vs full-time attorneys; all attorneys subject to the program must satisfy the same requirement (unless exempt or prorated).

Under 22 NYCRR § 1500.22, experienced attorneys must complete 24 accredited CLE credit hours in each biennial reporting cycle, including at least 4 in ethics/professionalism, 1 in diversity/inclusion, and 1 in cybersecurity/privacy/data protection.

Newly admitted attorneys (in their first two years) must complete 32 credits (16 per year) in categories including ethics, skills, law practice management/areas of professional practice, and cybersecurity.

If an attorney practices law in New York for only part of a reporting cycle, a pro rata CLE requirement (1 credit per month of practice) may apply.

The CLE Board may grant waiver or modification for undue hardship or extenuating circumstances.

Key Takeaway: New York imposes the same CLE structure on all attorneys — there is no separate part-time rate — though partial‐cycle practice may trigger a prorated requirement.