Capacity, Chronic Conditions, and the Rules
Approved for 2.00 hours of California MCLE credit
Including 0.75 Legal Ethics and 1.00 Wellness Competence.
Approval period: November 2, 2026 – November 1, 2028.
Actualis Attorney Wellness, California MCLE Provider #21025.
About This Course
This two-hour program addresses physical wellness in the practice of law and its effect on competence, which California Rule of Professional Conduct 1.1(b) defines to include the physical ability reasonably necessary to perform legal services. It covers the physical demands of legal work and the 2026 ABA/Krill findings, practices that protect capacity, and practicing with a chronic condition, injury or disability. It covers rules 1.3, 1.4, withdrawal under 1.16(a)(3) and (b)(8), firm measures under 5.1(a) and 5.3, and 8.4.1. Education for lawyers, not medical advice.
Format
On-demand video, 130 minutes (120 minutes of instruction). Participatory. Includes written materials, a 40-question assessment, a course evaluation and a Record of Attendance.
Schedule
| Time | Topic |
|---|---|
| 0:00–0:03 | Welcome, objectives and scope: education for lawyers, not medical advice |
| 0:03–0:23 | The physical demands of legal work: the 2026 ABA/Krill findings; sedentary hours, chronic sleep debt, alcohol as a recovery strategy, deferred medical care |
| 0:23–0:48 | Maintaining capacity: sleep, movement, nutrition and recovery after peak periods, designed to survive a trial calendar |
| 0:48–1:03 | The rules, part one: physical ability as part of competence under California Rules of Professional Conduct, rule 1.1(b); diligence under rule 1.3; communication under rule 1.4 and Bus. & Prof. Code § 6068(m) |
| 1:03–1:05 | Stretch break |
| 1:05–1:35 | Practicing with a chronic condition, injury, disability or the changes that come with age: pacing, workload design, coverage, assistive tools, and when to reduce or hand off work |
| 1:35–1:50 | The rules, part two: withdrawal under rule 1.16(a)(3) and (b)(8); firm measures under rules 5.1(a) and 5.3; physical disability and medical condition under rule 8.4.1 |
| 1:50–2:05 | Applied case study: the trial lawyer, the scheduled surgery and the calendar that did not move |
| 2:05–2:10 | Quiz, evaluation, certificate |
Course Content
Course Includes
- 1 Lesson