The Great MCLE Shakedown: Checking Boxes and Writing Checks….
There is a specific brand of bureaucratic theater that exists solely to make people feel “protected” while doing absolutely nothing of the sort. In the legal world, we call this Mandatory Continuing Legal Education (MCLE).
I’ve kept my law license active. I don’t practice anymore, but I still read SCOTUS opinions for breakfast and keep tabs on Illinois appellate rulings because, frankly, I care about the law. Yet, the State of Illinois still demands I sit through 30 hours of “education” to prove I’m a fit member of the Bar.
The Grift of the Seminar
Let’s be honest about who this actually benefits:
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Professional Development Companies: The ones charging $500 for a “Comprehensive Guide to [Insert Niche Topic Here]” that you’ll forget by the time you reach the parking lot.
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Legal Organizations: They get a captive audience and a steady stream of registration fees to keep their lights on.
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Bureaucrats: They get to point at a spreadsheet and say, “Look! Our lawyers are 100% compliant and therefore 100% competent!”
Performative Competence
The absurdity lies in the lack of relevance. Illinois doesn’t care if I spend 15 hours studying the granular details of bankruptcy law – an area I have never touched and would rather eat glass than practice. They don’t care if I sleep through 30 hours or play games on my phone. As long as I have the certificate and the “Ethics” box is checked, the state is satisfied.
It’s the exact type of regulation I detest: it feels virtuous. It sounds great in a press release: “We require our lawyers to stay current!” But it’s a mile wide and an inch deep.
The Two Types of Lawyers
The irony is that MCLE doesn’t change behavior.
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The Diligent: The lawyers who actually care about their clients and their craft are already reading the law, staying organized, and attending meaningful sessions because they want to be good at their jobs.
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The Slackers: The ones who don’t care will either find the ultimate “blow-off” PDs – where they can answer emails in the back of the room – or they’ll simply lie on the self-reporting forms.
The “College Level” Loophole
Just so we’re clear: this isn’t a “woe is me” post about finding the time. Since I teach law at the college level, I can sleepwalk my way into those 30 hours through teaching credits. It’s not that the requirement is hard to meet; it’s that it’s stupid.
It is a performance without a purpose, a tax on time and money that serves the system rather than the law. But hey, at least the certificate looks nice in the recycling bin.