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What are the CLE requirements for inactive attorneys 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.

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