What is the difference between arbitration and mediation?
Both arbitration and mediation involve a neutral third party. In arbitration, the arbitrator hears evidence and arguments, and then issues a decision that may be binding or nonbinding. In mediation, the mediator helps the parties reach their own voluntary agreement.
Can my attorney require me to participate in fee mediation?
No. Both sides must agree to mediation. The State Bar will notify the opposing party if mediation is requested.
What is the deadline for requesting fee arbitration and mediation?
If you received a Notice of Client’s Right to Fee Arbitration form from the attorney, you have 30 days from the date you received it to submit your arbitration request form to the program. You must also submit your arbitration request if you first wish to mediate the fee dispute.
If you do not file the request form within 30 days of receiving the notice, you will lose your right to arbitrate your fee dispute. A telephone call or letter to the program requesting arbitration will not protect that right. You must be sure that the request form is complete and submitted with any required filing fee.
If the attorney has already filed a lawsuit against you for unpaid fees, you may elect either to respond to the lawsuit or request fee arbitration. If you file a response to the lawsuit, you will lose your right to arbitrate the fee dispute. If you request arbitration, the lawsuit will be stayed, but you should file the appropriate notice of automatic stay with the court. To preserve your right to arbitrate, you should file a request for arbitration promptly.
Your request for mediation is part of the State Bar request for arbitration, so it will follow the same timelines listed above.
If I think an attorney has engaged in misconduct or malpractice, will fee mediation help me?
No. The mediator will not decide any issues related to attorney misconduct and/or malpractice and has no authority to make any determinations regarding the attorney’s conduct or to discipline attorneys for professional misconduct.
If you wish to file a disciplinary complaint with the State Bar of California about your attorney’s conduct, you may do so online. Please keep in mind that a discipline complaint and a request to arbitrate and mediate a fee dispute are separate matters. Filing a complaint may result in disciplinary action against the attorney; however, the result may or may not require the attorney to refund fees.
If you think you have a separate claim for legal malpractice, you should seek legal counsel.
May I ask for fee mediation if I want a refund of fees I have already paid to an attorney?
If you are seeking a refund of attorney’s fees that you have already paid, you may request fee mediation as a preliminary option along with arbitration as long as you are still within the legal time limit for filing a lawsuit about the fee dispute. To preserve your right to arbitrate, and to potentially mediate a fee dispute, you should file a request for arbitration promptly.
How do I request fee mediation?
For disputes filed with the State Bar, simply check the box agreeing to mediate on the request for fee arbitration form. Some local bar associations offer fee mediation in addition to fee arbitration. Find local fee arbitration programs.
Can an attorney refuse to mediate a disputed fee?
Yes. Mediation is voluntary and either side can decline to mediate. All parties must agree for a mediation to go forward.
What happens at a fee mediation?
Mediations will take place by videoconference. Usually, the parties are in separate areas to start but may be brought together later in the process. The mediator will typically meet separately with one party, and then the other, to understand their perspectives and to identify areas of potential agreement. This “shuttle diplomacy” will take place until an agreement is reached, or until it is clear to the mediator that it is not possible for the parties to reach an agreement. If an agreement is reached, it will be memorialized in a writing called a settlement agreement.
You may be represented by an attorney, but it is not required. You can arrange for an interpreter to attend the mediation with you.
The mediation is confidential. This means that nothing said in a mediation can be used as evidence in any later proceeding by any party at the mediation.
Should I agree to mediation?
The decision to agree to mediate is entirely up to you, but the attorney will also have to agree in order for the mediation to occur.
How does the Fee Mediation Program work?
If the dispute is eligible to be filed with the State Bar for fee arbitration, you will have the option of agreeing to mediation as part of the request for arbitration. Some local bars also offer fee mediation, but most local programs only offer fee arbitration.
When you complete the Request for Arbitration with the State Bar, you will be asked to indicate whether you are interested in mediating the fee dispute. Once your request is accepted, including receipt of payment of the applicable fee arbitration filing fee, the State Bar will serve your request to the opposing party. As part of the opposing party’s written reply to the request, they will indicate whether they agree to mediate the fee dispute prior to arbitration.
If both parties agree to mediation, a mediator will be assigned to help you and attorney try to reach a settlement of your dispute, and you will receive further instructions at that time.
How do I file a complaint against my lawyer or a lawyer referral service?
If you believe your lawyer has done something wrong, you can file a complaint with the State Bar. Complaints may be submitted online or by mail. If you have questions or need assistance in completing the form, call the State Bar’s Attorney Complaint Hotline at 800-843-9053. For more information on reporting a lawyer to the State Bar and handling other problems, read the legal guide If You Have a Problem with an Attorney.
If you have a complaint about a certified or uncertified LRS, you can file a complaint against the service with the State Bar. In order to promote public protection, the State Bar will review your complaint to determine if the LRS has violated Business and Professions Code Section 6155 and State Bar Rules.
For more information on certified lawyer referral services, contact LRS@calbar.ca.gov.
When are the annual fees due?
The due date is by March 30, or the next business day if that date falls on a weekend or holiday, each year during the annual license renewal process. The 2025 annual deadline is April 1, 2025. If you miss the deadline, you will be charged a penalty ($103 for active attorneys, $31 for inactive attorneys).
What activities qualify for general MCLE credit?
Activities that qualify for general MCLE credit must: (1) relate to legal subjects that are directly relevant to California attorneys, and (2) offer current, significant educational, professional, or practical content with the specific objective of increasing each participant’s professional competency as an attorney. Programs created primarily for nonattorney audiences (for example, general public, clients, or business staff) do not qualify and will not be approved for general MCLE credit. More on Standards for MCLE activity Approval.
What is IOLTA?
IOLTA stands for Interest on Lawyers’ Trust Accounts. Attorneys deposit client funds that they plan to hold briefly, or that are too small to earn interest for the client, into larger shared accounts. Over 73,000 attorneys make deposits in approximately 49,000 IOLTA accounts in California. As of September 2019, IOLTA accounts hold nearly $5 billion. Any interest earned on these accounts is paid by financial institutions to the State Bar, which in turn distributes those funds as grants to qualified nonprofit civil legal organizations throughout the state.
Refer to the State Bar’s IOLTA FAQ page for more information.
For most individuals, it takes less than five minutes from logging in to signing the Settlement Agreement.
How long do I have to pay?
The entire settlement must be paid by December 31, 2025. No exceptions. If you do not pay the new settlement amount by December 31, 2025, the Settlement Agreement will be terminated. You will owe the original amount of the debt (less what you have paid) and the State Bar reserves all rights to pursue, or continue to pursue, all available legal remedies to recover the total owed debt, including without limitation reporting the debt to FTB, credit reporting agencies, entry of a Superior Court money judgment and/or pursuing legal actions.
I have settled or plan to settle debt from a judgment. Will the State Bar file an Acknowledgment of Satisfaction of Judgment?
Yes, upon receipt of the full settlement amount, within two weeks the State Bar will file appropriate documentation to satisfy the judgment and remove any property liens.
Are there different implementation or recognition levels in the DEI Leadership Seal program?
The DEI Leadership Seal program recognizes bronze, silver, and gold seal recipients, based on the number of Action Items implemented.
• Employers that implement five Action Items are eligible to be recognized as bronze-tier recipients.
• Employers that implement seven Action Items are eligible to be recognized as silver-tier recipients.
• Employers that implement nine Action Items are eligible to be recognized as gold-tier recipients.
All participating employers, regardless of tier, must commit to implementing the first two Action Items and then select from the remaining eight.
When will my employer receive the DEI Leadership Seal?
The program will have annual application windows for participating employers to indicate their commitment to, or implementation of, five of the ten Action Items. These dates will be posted on our website. Please allow approximately two months for State Bar staff to review and respond to applications.
Committed participating employers will then have up to one year to implement the Action Items before being recognized as seal recipients and receiving the DEI Leadership Seal to use on their own materials. For example, committed participating employers who applied in 2026 must demonstrate implementation of five of the ten Action Items by spring 2027 to receive the DEI Leadership Seal.
What is the goal of the DEI Leadership Seal Program?
In support of the mission to “support... efforts for greater access, and inclusion in, the legal system,” the State Bar aims to encourage and incentivize legal employers to take action to advance diversity, equity, and inclusion in their organizations. Similarly, promoting diversity and inclusion in the legal system is a key priority of the State Bar’s 2022–2027 Strategic Plan. A more diverse, accessible, and inclusive legal workplace improves the experience of employees and their clients. A legal profession that better reflects the diversity of California’s communities can improve public access to, and fair treatment in, the legal system.
Moral Turpitude
The commission explored the experiences of respondents who are charged with moral turpitude. Moral turpitude is discussed in Business and Professions Code section 6016 as follows: “The commission of any act involving moral turpitude, dishonesty or corruption, whether the act is committed in the course of his relations as an attorney or otherwise, and whether the act is a felony or misdemeanor or not, constitutes a cause for disbarment or suspension.”
Attorneys can be charged with moral turpitude as an original matter or when OCTC seeks discipline for a criminal conviction. Business and Professions Code section 6101 requires OCTC to transmit criminal conviction cases to the State Bar Court Review Department within 30 days of receipt if it determines that the case may or does involve moral turpitude. Attorneys are ineligible for participation in the Alternative Discipline Program, a program that supports attorneys whose misconduct stems from mental health or substance abuse, if their misconduct involves moral turpitude, a program that involves treatment.
In its study of moral turpitude, the Ad Hoc Commission on the Discipline System found that:
Criminal conviction matters based on misdemeanor cases have high rates of nondisciplinary action and pretrial case dismissal initiated by OCTC.
There is no rule (or sufficient time) that authorizes either an ENEC or other pretransmittal meeting in a misdemeanor criminal conviction proceeding, at which respondents or the State Bar Court could weigh in on whether a respondent’s misdemeanor criminal conviction involves moral turpitude or other misconduct warranting discipline.
There appears to be ambiguity within the State Bar rules involving referrals to the Alternative Discipline Program, with one rule effectively disallowing participation without the opportunity for attorneys to litigate moral turpitude allegations.
OCTC is not bound to follow judges’ judicial evaluations during the ENEC process, even those that raise concerns regarding a lack of evidence to support moral turpitude charges.
As a result, the commission recommended that the Board of Trustees:
Direct staff to work with stakeholders to study possible revisions to all applicable rules to determine the feasibility of conducting a pretransmittal meeting similar to an ENEC in misdemeanor conviction matters subject to rule 5.340–5.347 that would determine whether or not the facts and circumstances underlying the misdemeanor conviction involve moral turpitude or other misconduct warranting discipline and if appropriate, evaluate a potential disposition of the matter.
Direct staff to work with stakeholders to study and clarify all applicable rules involving referrals to the Alternative Discipline Program, specifically concerning whether or not moral turpitude has resulted in significant harm to a client or the administration of justice.
Direct staff to work with stakeholders to propose revisions to all applicable rules to promote the use of ENECs as a mechanism for arriving at prefiling settlements of State Bar disciplinary proceedings.
How will attorneys know that we are a Leadership Bank?
Starting in January 2020, the State Bar will highlight the Leadership Bank Program through press releases and social media accounts. In addition, the State Bar will ensure that Leadership Banks are prominently displayed on its website and have active hyperlinks to the Leadership Banks’ IOLTA websites. Lastly, designated Leadership Banks may advertise their IOLTA offerings with the State Bar Leadership Bank logo.
Is the candidate given an opportunity to refute and/or respond to any negative comments received by the investigating commissioners?
Yes. The investigating commissioners are required by the rules to notify the candidate at least four business days prior to the interview of any criticisms they have preliminarily found to be substantial and credible.
The candidate is given an opportunity to respond to, and present evidence to rebut, all reported criticisms at the interview.
How long is the evaluation process?
The commission has to report to the Governor within 90 days from the date of submission of the names of the candidates.
Can I use my own Evaluation, Record of Attendance, and Certificate of Attendance or Completion forms?
Yes, provided that the forms contain the required information as outlined in the MCLE Provider Rules.
Does an assessment test need to contain a specific number of questions to be considered substantive and have the potential to qualify for MCLE credit?
The State Bar recommends a minimum of 10 questions per 30-minute activity segment to be considered substantive.
I want to complain about content in a State Bar–approved MCLE course. How do I do that?
Pursuant to rule 3.605 of the Rules of the State Bar, the State Bar does not intervene in disputes between a provider and an attendee or potential attendee. However, complaints that the State Bar receives regarding a provider are considered in assessing the provider’s compliance with State Bar certification rules. Please email your concerns to providers@calbar.ca.gov.
What proof will I need to provide if requested by the State Bar?
The State Bar of California does randomly audit the fee scaling program, and if selected, you will be required to provide the prior year 1040 tax return to support your declaration. If your documents don’t support the deduction in fees, you will be responsible for the full fee, plus a late fee of $100.
When can I access the Fresh Start Settlement Program's website?
Current and former State Bar licensees will be invited to participate in stages to ensure a smooth process. You will receive an invitation via mail and email when you are eligible. Please wait for your individualized invitation via mail and email for the website link and log-in instructions. Former licensees and suspended licensees or licensees not otherwise eligible to practice law (as of January 1, 2025) will be notified by the end of March 2025.
Licensees on active and voluntary inactive status (as of January 1, 2025) will be invited in May to have the opportunity to settle discipline costs, monetary sanctions and/or CSF reimbursements due with their annual fee renewals in 2026 and beyond. Any portion of the abovementioned debt due with your 2025 renewal fees, or otherwise due in 2025, must be paid in full in 2025, in alignment with the State Bar’s Schedule of Charges and Deadlines, as a condition of continued practice. This program does not include any other type of debt owed to the State Bar, included but not limited to, past due license fees, CTAPP and/or MCLE non-compliance penalties.
What happens if I reject the State Bar’s settlement offer?
If you reject the State Bar’s settlement offer you will have the opportunity to provide feedback as to why you rejected the offer and submit a counteroffer. If your counteroffer is not accepted and you would like to return to the original State Bar offer, please email collections@calbar.ca.gov to reset your original offer.
When can I expect my billing record to be updated once I complete the Fresh Start settlement payment?
Upon completion of your Fresh Start settlement payment, please allow two weeks for your billing record to be updated. This applies to nondisbarred and nonresigned attorneys only. Disbarred and resigned attorneys do not have active billing records.
What do I do if I don’t recognize the cases listed in my account?
Please email collections@calbar.ca.gov to request copies of judgments, Supreme Court Orders and Client Security Fund documents.
My employer is a committed participating employer. By when must the Action Items be implemented?
Committed employers should use the Tier Advancement form to identify and document which Action Items have been implemented. Tier Advancement forms are accepted on a rolling basis. Tier Advancement form due dates will be posted on our website.
Does the State Bar have any guidance on how to implement the Action Items?
The State Bar has created a Resource Guide that provides tips and best practices to consider when implementing the Action Items. The guide is intended to be one tool to help organizations develop and achieve their DEI goals and is not intended to provide step-by-step instructions.
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