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.
How do I know if I will be working for an IOLTA-funded organization?
“IOLTA” stands for Interest on Lawyers’ Trust Accounts. IOLTA is a method of raising money, primarily for providing legal services to those unable to afford them.
The State Bar’s Legal Services Trust Fund Program collects the interest generated by IOLTA accounts and distributes the funds to more than 100 nonprofit legal aid organizations that provide civil legal aid to indigent Californians.
Effective August 1, 2023, lawyers must comply with Rule of Professional Conduct 8.3, which requires a lawyer to report certain misconduct by another lawyer. The Rule 8.3 Reporting Requirements page provides more information about this reporting obligation.
California criminal prosecutors are required to notify the State Bar when they file criminal charges (felony or misdemeanor) against an attorney.[7]
California courts are required to notify the State Bar when an attorney is convicted of any crime;[8] when an attorney has been found in contempt;[9] when an attorney has been sanctioned $1,000 or more (except for discovery sanctions);[10] when an attorney has been found in violation of certain statutes;[11] or when a civil judgment has been entered against an attorney for fraud, misrepresentation, breach of fiduciary duty, or gross negligence committed in a professional capacity.[12]
Insurance companies are required to notify the State Bar upon receipt of a claim or action against an attorney for fraud, misrepresentation, breach of fiduciary duty, or gross negligence committed in a professional capacity.[13]
The insurance commissioner reports workers’ compensation fraud to the State Bar.[14]
Banks submit reports to the State Bar when an attorney trust account is overdrawn.[15]
The State Bar is statutorily authorized to receive Criminal Offender Record Information (CORI)[16] from the California Department of Justice for purposes of admission, discipline, and regulation of attorneys.[17]
The State Bar is statutorily authorized to receive subsequent arrest notification services[18] for attorneys.[19]
What types of courses do you offer?
We offer a variety of online courses, the majority of which qualify for Minimum Continuing Legal Education (MCLE) credit, with a focus on required credits such as legal ethics and attorney competency. All courses are self-paced, allowing you to start, pause, and continue learning whenever it works best for you.
Is my payment information secure?
Yes, payments are processed through a secure gateway, and we do not store your card details.
I have completed all of the screen elements and the course remains stuck or frozen on a particular screen.
Your device may be referring to an earlier memory cache (version) of the course and may not be refreshing correctly. Try carrying out each of these options until you resolve the issue:
Clear your browser’s memory cache/history.
Try using a different Internet browser. The following are optimal: Windows 7/10: Google Chrome, Internet Explorer 11 or above iOS: Safari
Try launching the course on a different device.
What are the different levels of discipline that the State Bar Court imposes on attorneys?
The Probation Unit of the Office of Chief Trial Counsel monitors attorneys’ compliance with the conditions imposed on suspensions and reprovals.
The State Bar Court also may put attorneys on involuntary inactive status if they appear to pose a serious threat to the public.
If a State Bar investigation indicates that an attorney’s conduct only bordered on a violation or was a minor breach, State Bar prosecutors may choose an alternative to discipline.
The State Bar’s Office of Chief Trial Counsel could decide to:
Send a Directional or Warning Letter to the attorney, and close the case.
Issue an Admonition informing the attorney that no further action will take place as long as they stay out of trouble for two years.
Settle on an Agreement in Lieu of Discipline that requires the attorney to fulfill specially tailored remedial conditions.
Does the Ethics Hotline provide written responses?
No, the Ethics Hotline does not provide written opinions or research memoranda. Assistance is offered by phone, and staff will identify relevant rules, cases, and ethics opinions during the call.
What is the Ethics Hotline?
The Ethics Hotline is a confidential research service provided by the State Bar of California. It offers guidance to licensed attorneys on questions related to their professional responsibilities under the Rules of Professional Conduct and the State Bar Act.
How can people comment while the program is being developed?
Meeting materials are posted online in advance. Written comments may be sent to adrwg@calbar.ca.gov, and oral comments are allowed at the start of each Working Group meeting. Once a tentative proposal is ready, it will be posted online for preliminary public comment.
Can I extend my certification period under my current or previously approved Supervising Attorney(s)?
No. Your certification is only valid for the period stated in your application. You must submit a new Application for the Certified Law Student Program in the Applicant Portal with the required documentation and fee.
I graduated last year. Could I still apply for the program?
No. An applicant who graduates from a juris doctor (JD) program, completes one year in a Master of Laws (LLM) program, or completes their law study through the Law Office Study Program is eligible to apply for the Certified Law Student Program for up to 30 days after completing the program.
Can I pause my studies while participating in the LOS program?
No, you cannot pause your studies during your six-month study period. A pause between sessions can take place; however, your participation in the LOS Program will be terminated if you fail to submit a semi-annual report within a year of your last semi-annual report. You will retain law study credit already received and recognized by the State Bar.
What happens if I miss a response deadline, provide poor records, delay providing documents, or do not cooperate?
Poor recordkeeping, delayed responses, or lack of cooperation may prolong the compliance review and may be considered noncompliance with CTAPP requirements. Consequences can include:
Additional time and cost, as the CPA may need to spend more hours completing the review due to incomplete or unclear documentation
Serious or unresolved findings that may result in escalation to an investigative audit by the State Bar or possible referral to the Office of Chief Trial Counsel for potential disciplinary action
Timely communication and good faith cooperation are essential. If you anticipate any delays, you are encouraged to notify the CPA or the State Bar as early as possible. Reasonable extensions may be granted when appropriate.
What records am I required to maintain for my trust account?
Account journal for each trust account, organized in chronological order with the daily running balance for the overall trust account
Client ledgers showing all receipts and disbursements for individual clients, organized in chronological order with the daily running balance
Bank statements with copies of checks
Monthly three-way reconciliations balancing the account journal, client ledgers, and bank statements, including support documentation required to complete monthly reconciliations, such as monthly client ledger summaries, lists of outstanding deposits, and lists of outstanding disbursements
In addition, records supporting Rules of Professional Conduct, rule 1.15, and other related statutes governing trust account recordkeeping practices include:
Records of notices to clients or other persons of the receipt of funds within 14 days
Records supporting all deposits and disbursements to establish compliance
Engagement letters, fee agreements, settlement agreements, invoices or billings, and client communications regarding fees, accounting, and disputes
We recommend completing the Firm Self-Assessment with Practice Aid for a complete list of records and recordkeeping practices to evaluate compliance with the Rules of Professional Conduct and applicable law regarding the safekeeping of funds entrusted by clients or others and any related obligations.
Does uncompensated work by volunteer attorneys at a legal aid organization or law school, or as a court mediator, count as pro bono legal services?
Yes. Uncompensated work by volunteer attorneys that enables the delivery of legal services at a charitable, religious, civic, community, governmental, or education organization in matters in furtherance of its organizational purposes would qualify as bono hours as defined under Business and Professions Code section 6073.1(c)(1)(C). This includes volunteer teaching at a law school as well as volunteer mediation or arbitration services provided through a court, even when the parties are not indigent.
If I miss the deadline, how do I pay the noncompliance penalty?
If you do not complete NAT by your deadline, you will be assessed a noncompliance penalty, which may take up to 90 days to appear in My State Bar Profile. To pay the noncompliance penalty:
Select “Compliance Dashboard” in the top navigation menu.
In the “Annual License Fee Status” section, select “Pay your annual fees.”
Select “Calculate and pay my fees.”
Follow the instructions to pay any outstanding balance.
Even after a noncompliance penalty has been assessed, you are still required to complete NAT. If you do not complete NAT and resolve any assessed fees by the applicable deadlines, you may be enrolled as involuntarily inactive and become ineligible to practice law.
How do I access the New Attorney Training?
The New Attorney Training Program courses can be accessed through My State Bar Profile. The fee to access all nine courses is $55. Fee waivers are not available.
Locate the e-learning section toward the bottom of the home page, and select “E-Learning Portal.”
On the E-Learning Dashboard’s top navigation bar, select “View Catalog.”
In the search box, type “New Attorney Training.”
Select “Add to Cart” and complete the checkout process.
After you purchase the courses, when you return to the E-Learning Dashboard, select “Not Started” to locate the course you want to start. Then, select the red + button to the right of the course title, and select “Launch.”
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.
The Live Scan vendor is requesting a rejection notice that was issued by the DOJ or FBI. How do I obtain a copy of this rejection notice? How is this information different from the State Bar–issued rejection emails?
You can email the State Bar and request a copy of your DOJ/FBI rejection notice. These notices include information on the reason why the DOJ and/or FBI rejected your fingerprints. The State Bar reviews each response and provides attorneys with a rejection email that summarizes the reason for the rejection and details the necessary steps to successfully resubmit fingerprints.
Who is responsible for the oversight of the IOLTA program?
The IOLTA Program is a department within the State Bar of California that administers IOLTA accounts, as well as two other sources of funding for free civil legal aid to low-income and indigent people: the California Equal Access Fund and the Greg E. Knoll Justice Gap Fund.
The State Bar initiated the IOLTA Program due to the lack of resources available for indigent clients who are in need of civil legal services. The substantial amount of money the program generates makes it possible for hundreds of thousands of these people to get the legal help that they need every year.
A 21-member Legal Services Trust Fund Commission appointed by the State Bar's Board of Trustees and the Chief Justice (on behalf of the Judicial Council of California) oversees the Trust Fund Program. Two-thirds of the commission members are attorneys and one-third are public members.
At least two of the 21 members must be "indigent persons" as defined by law. Three judges serve as non-voting advisors to the commission.
The Commission determines the eligibility of programs applying for funding, reviews recipients' budgets for compliance with the law, and monitors and evaluates the activities of programs receiving Trust Fund Program grants.
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