It depends on the jurisdiction — in some states retired attorneys are exempt from CLE, in others they must satisfy conditions or file for waiver. Whether you are exempt will be determined by the CLE rules of your specific state or jurisdiction.
Here’s a breakdown of how some jurisdictions treat retired attorneys:
| State / Jurisdiction | Retired attorneys exempt? | Conditions or notes |
|---|---|---|
| Delaware | Yes | Emeritus and Retired Attorneys have no obligation to fulfill any CLE requirements. |
| New York | Possibly | If you certify that you are retired and did not practice during the reporting period, you may be exempt. |
| Ohio | Yes (if registered as retired) | Attorneys registered as retired under the rule are exempt from CLE requirements. |
| Illinois | Yes (if registered) | Attorneys must be registered as retired (or inactive) by the end of their reporting period to qualify for exemption. |
| California | No (generally) | Retired attorneys (annuitants) are not considered exempt from MCLE under the standard rules. |
Practical Steps
- Look up your state’s CLE / MCLE rules (often on the State Bar, Supreme Court, or CLE board website).
- Check whether there is a “retired,” “emeritus,” or “non-practicing” status and what it provides.
- If an exemption is available, see whether you must apply or certify your retired status within deadlines.
- Be cautious: in some states, you lose exemption if you ever practice law again (even minimally) or fail to maintain the retired registration.
Key Takeaway
Retired attorneys may be exempt from CLE requirements in many jurisdictions, but it is not universal — you must consult your state’s rules and sometimes formally claim or register the retired/emeritus status to qualify.