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.
On October 11, 2009, the following code provisions, referred to collectively as SB 94, became effective:
California Civil Code, section 2944.6(a) providing that any person who offers to negotiate, arrange or perform a mortgage loan modification or forbearance in exchange for a fee paid by the borrower, shall provide the borrower, prior to entering into a fee agreement, a separate statement advising the borrower of various points including the fact that it is not necessary to pay a third party to arrange for a modification or forbearance and that the United States Department of Housing and Urban Development provides a list of non-profit organizations that provide assistance to borrowers at no cost.
California Civil Code, section 2944.7(a)(1) providing that it shall be unlawful for any person who offers to negotiate, arrange or perform a mortgage loan modification or forbearance in exchange for a fee paid by the borrower, to claim, demand, charge, collect or receive any compensation until after the person has fully performed each and every service the person contracted to perform or represented that he or she would perform.
Section 2944.7(a)(2) prohibiting the taking of any wage assignment, lien or other security to secure the payment of compensation.
Section 2944.7(a)(3) prohibiting the taking of any power of attorney from the borrower for any purpose.
Section 2944.7(d) providing that the section applies only to mortgages and deeds of trust secured by residential real property containing four or fewer dwelling units.
California Business and Professions Code, section 6106.3, providing that a violation of Civil Code sections 2944.6 or 2944.7 by a member of the State Bar of California constitutes a cause for the imposition of discipline.
What if the fee agreement was oral and a written agreement was not required?
If the fee agreement was oral, and a written fee agreement was not required, the arbitrator will decide what you and the attorney intended as the terms of your agreement. For example, the arbitrator will determine the agreed upon hourly rate and any other fees or costs. You should be prepared to present any evidence that supports your claim, whether that evidence is in the form of written documents or a witness who was present when you discussed the fee with your attorney.
Who can come with me to the hearing?
You should check the program rules to see if nonparties and nonwitnesses may attend with you and, if so, whether that person may speak on your behalf. If allowed, that person will be bound by the same rules of confidentiality as everyone else.
Can I contact the arbitrator after the hearing?
Unless you have been directed to do so by the arbitrator, you should not contact or send any correspondence to the arbitrator after the hearing has concluded. You may contact the program administrator if you have questions.
Are there any exceptions to the reporting obligation under rule 8.3?
Yes, there are exceptions to the reporting obligation under rule 8.3. For example, rule 8.3 does not apply to information gained by a lawyer while participating in a substance use or mental health program, or information that is protected by confidentiality rules or laws.
What activities can I perform in the e-learning portal?
You can:
View and complete courses.
Download MCLE certificates or certifications of completion for completed courses.
View announcements and messages.
Generate reports.
How do I locate my MCLE Certificate or Certificate of Completion?
Go to your Learning page, and then click on the Completed tab. Once there, click the “+” icon for the course you want the certificate for. Click on the ribbon icon to view your completion certificate. Download/save a copy of the certificate for your records. The certificate will be available for only 30 days from the date of completion.
Where can I find additional information regarding MCLE requirements?
How do I annually renew my RIHC, RLAA, or RMSA? When do I need to submit my renewal application and fee?
Annual registration, or renewal, for the MJP Program is a two-step process you may complete in any order. The MJP renewal period begins in November of the current year and ends in February of the following year. For example, the renewal process for 2023 participants who want to remain in the MJP Program in 2024 must be completed from November 2023 to February 2024. If you do not comply with the annual renewal requirements, you will be suspended from the MJP program.
• Submit the renewal application: You must submit the annual renewal application in the Applicant Portal by following the steps below. Please note that you must mail a new, original Certificate of Good Standing to the Office of Admissions at 845 S. Figueroa Street, Los Angeles, CA 90017 for one U.S. jurisdiction in which you are admitted and currently active. If you are unable to access the Applicant Portal, please contact the Office of Admissions at Admissions@calbar.ca.gov or at 800-843-9053.
Click on “View Forms” under the “Apply” section heading.
Scroll down to “Multijurisdictional Practice Program for Out-of-State U.S. Attorneys” and select the MJP renewal application that applies to you (RIHC, RLAA, or RMSA).
My Testing Accommodations Application is still pending review. Am I still able to register for an exam?
Yes. The process for requesting testing accommodations is separate from the application to take an exam. You are not required to wait for a determination regarding your testing accommodations to register for an exam, and doing so is not recommended.
How do I change my testing accommodation location?
If you are requesting to change your testing accommodation test center to a different testing accommodation location, you may submit the request through the Applicant Portal or by emailing testing.accommodations@calbar.ca.gov by the test center change request deadline. Space is subject to availability, and it is not guaranteed that your request will be available.
I’m planning to apply for the PLP once the application opens. What should I do in preparation?
In preparation for the PLP application opening on September 1, 2025, you are encouraged to:
• Submit an Application for Determination of Moral Character as soon as possible in the Applicant Portal if you do not have a valid positive moral character determination or a pending moral character application.
• Sign up for the MPRE or ensure you have a passing score on file with the State Bar Office of Admissions. Verify your MPRE status via the status screen in the Applicant Portal.
• Secure a California attorney who is willing to be your Supervising Lawyer and meets the requirements of rule 9.49.
By December 31, 2025, you must have a passing MPRE score on file and either a valid positive moral character determination, or an adverse moral character determination that is pending on administrative review by the Committee of Bar Examiners or on appeal in the State Bar Court. We recommend that you fulfill these requirements as soon as possible.
What professional services can a Provisionally Licensed Lawyer (PLL) provide?
Under rule 9.49, a PLL is allowed to provide a broad array of legal servicesfor clients, including appearing before a court; drafting legal documents,such as contracts, transactional documents, and pleadings; engaging in negotiations and settlement discussions; and providing other legal advice, provided that the work is performed underthe supervision of their Supervising Lawyer. The limits on what a PLL can do, or what needs to be done under direct versus general supervision, are largely left to the Supervising Lawyer to determine based on the readiness of the PLL.
What does it mean to appear as counsel pro hac vice (PHV)?
An out-of-state attorney, who is in good standing in their jurisdiction, and does not live, work, or conduct regular business in California can request permission from a California state court (superior court, Court of Appeal, or Supreme Court) to represent their client as counsel pro hac vice, which is a Latin term meaning "for this occasion." PHV is approved for a particular case, and an active licensee of the State Bar of California must be associated as attorney of record for the case. Please refer to rule 9.40 of the California Rules of Court.
Does the State Bar of California accept PHV renewal applications and fees?
No. All documentation and fees related to a PHV renewal must be submitted to the court and not the State Bar of California. Please contact the court if you have questions regarding PHV renewals.
Who can apply for the Pathway PLP?
Under rule 9.49.1, individuals who scored between 1390 and 1439 on a California Bar Exam administered between July 2015 and February 2020, as determined by the first read score or the final score, may apply so long as they:
Have an active (unexpired) positive moral character determination or have submitted a complete Application for Determination of Moral Character. Whether the application is complete is determined by the State Bar.
Have not received an adverse moral character determination, unless more than two years have elapsed from the date of the final determination. If, when the adverse moral character determination was issued, the Committee of Bar Examiners or the State Bar provided a time frame other than two years for when the participant was eligible to reapply, that other time frame shall control here.
How long do I have to get my application in?
The deadline to submit the Pathway PLP application is December 31, 2023. No applications will be accepted after the deadline. Applicants for the Pathway PLP must have 1) an active positive moral character determination, or 2) have submitted a moral character application that has not resulted in the issuance of an adverse moral character determination. If you have not submitted a moral character application and do not have an active positive determination, you must submit a moral character application no later than December 31, 2023. Please note that your PLP application will not be considered until the moral character application is deemed complete and filed by the State Bar. If you fail to submit a moral character application by December 31, 2023, your PLP application will not be processed.
What happens if someone who is in the Original PLP takes the bar exam but is unsuccessful?
Under the program for 2020 law graduates, PLLs who attempt the bar exam but do not pass it may continue in the Provisional Licensure Program until the program terminates. Furthermore, they are not required to sit for the bar exam. No further extensions of the program are anticipated. By the end of the program, they must have passed the bar exam to continue in the practice of law.
What do I need to know before beginning the online Application for Determination of Moral Character or Application for Extension of Determination of Moral Character?
Please review the information regarding the Moral Character requirement, including the instructions for the Application for Determination of Moral Character and Application for Extension of Determination of Moral Character.
Can I receive a moral character determination before enrolling in law school?
No. You are not eligible to file a moral character application until you commence the study of law and register as a law student with the State Bar. The State Bar has published Moral Character Guidelines that may assist applicants in understanding how their past conduct could impact a moral character determination, which is a prerequisite for admission to the practice of law.
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