New Hampshire’s CLE rule (Rule 53) uses the term “inactive membership status” to reflect members who are “exempt provided not engaged in the practice of law,” and those on inactive status are exempt from the annual CLE requirement when they are not practicing.
If an attorney returns to active status after being inactive for more than two consecutive reporting years, they must complete 360 minutes (6 hours) of additional CLE (beyond the standard requirement) either in the year they return or in the year immediately preceding reinstatement.
Details:
- Rule 53.2 provides that lawyers in inactive status, not engaged in the practice of law, are exempt from certification and fulfillment requirements under the CLE rule.
- The Rule 53 “Membership Status Chart” by the NH Bar Association confirms that inactive members are marked as “Exempt … provided not engaged in the practice of law.”
- Rule 53.1(B)(2) states that lawyers who have been inactive (or suspended) for more than two consecutive reporting years must complete 360 additional minutes of CLE upon returning to active status.
- The standard CLE requirement is 720 minutes (12 hours) per reporting year for active members, at least 120 minutes (2 hours) of which must be in ethics/professionalism-related subjects.
- In carrying forward credits, ethics credit may be carried forward only if not used to meet that year’s minimum ethics requirement.
Key Takeaway:
In New Hampshire, attorneys on inactive status are exempt from CLE so long as they are not practicing; returning to active status after an extended inactive period may trigger a catch-up obligation of 6 extra CLE hours before full compliance.
