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.
A report to the State Bar can be made using this online complaint form. When completing the form, you should indicate that you are a lawyer, and you are submitting under rule 8.3. In some instances, a lawyer can report another lawyer to a tribunal, as defined in rule 1.0.1(m), but only if the tribunal has jurisdiction to investigate or act upon such misconduct. A lawyer who intends to report to a tribunal should review rule 8.3 Comment [6].
What is an e-learning portal?
An e-learning portal is a personalized website for accessing e-learning courses and other educational content.
What is the Overall Course Credit Report? How can I display it?
The overall course credit report is a graphical representation depicting the total number of courses completed and the associated credit hours earned. To display it, select the option Overall Course Credit Report from the Reports tab.
Do I need to report my compliance to the State Bar once I have completed all courses of the New Attorney Training Program?
No. Your completion status will be captured and reported to the State Bar automatically and displayed on your online My State Bar Profile. However, if you are audited for compliance, you will need to provide copies of your MCLE certificates of completion as verification.
My request for testing accommodations was denied or only partially approved. What are my options?
If a testing accommodations application is denied in whole or in part, applicants may request review of the decision by the Committee of Bar Examiners once for each exam cycle. However, if you submit your initial application less than 60 days before the filing deadline, there may not be enough time after receiving a decision to appeal for the upcoming administration of the exam. Requests for review must be submitted through the Applicant Portal no later than the first business day of the month in which that exam is scheduled to be administered. Launch a case via the Applicant Portal by clicking the Request for Review link on the right side of the page, under the column labeled Application Action Link. You must complete the required questions, including a statement of the reason you do not agree with the initial determination, and upload any documentation you wish for the committee to consider.
Which testing accommodations test site was I reassigned to?
You can view your testing location by accessing the corresponding examination case in your Applicant Portal. Your exam location will be listed in the Details tab, underneath the Examination Event Information. Once your Admittance Ticket is available, you can view your assigned testing accommodations site on the ticket. The ticket will list the general location of the exam. Upon arrival at the test site, you may need to check in at the staff table to receive your room assignment.
How do I know if I am eligible for the PLP as a first-time taker of the February 2025 California Bar Exam (CBX)?
Applicants who are eligible for the PLP as first-time takers were notified by the Office of Admissions in June 2025 via email.
You may also verify your eligibility via the status screen in the Applicant Portal. There are multiple PLP programs listed in your applicant portal. Make sure you are checking your eligibility for the PLP for first-time takers of the February bar exam, and not the expansion program also listed on the portal.
If I participate in the PLP as a first-time taker of the February 2025 CBX, do I have to pass the CBX to be admitted to practice law?
Yes. Applicants who are eligible for the PLP as first-time takers, similar to the PLLs who qualified to participate as 2020 graduates, must pass the bar exam and meet all other requirements for admission to practice law. Participation in the PLP for these cohorts is not a pathway to licensure; however, it does provide valuable real-world experience practicing law under the supervision of an experienced California attorney. In response to a prior survey, the vast majority (89%) of the PLLs agreed or strongly agreed that the program was valuable in preparing them for the practice of law.
Does provisional licensure automatically terminate upon issuance of an adverse moral character determination?
No. The license is suspended to give the PLL the opportunity to contest the determination. If no request for review or appeal is timely filed, the provisional license is terminated. If a request for review or appeal is timely filed, the provisional license will remain suspended until the final outcome, unless the provisional license is terminated as a result of other factors (such as failing to timely meet other program requirements).
Is there a limit on the number of times I can appear as PHV?
Rule 9.40 of the California Rules of Court does not set a limit on the number of appearances an out-of-state attorney may make as PHV. However, the court determines if the applicant is ineligible for PHV due to multiple appearances.
I didn’t apply before because I could not find a supervisor. Can I apply for the Original PLP now?
Unfortunately, you cannot. The most recent amendments to rule 9.49 provide that the recently granted program extension applies to those 2020 law graduates who were admitted to the Original PLP prior to December 31, 2022.
Do applicants for the Pathway PLP have to live in California?
No. An applicant does not need to live in California so long as they are employed by or volunteering with—or have a conditional offer of employment or to volunteer with a legal employer, as defined—with an office in California and are supervised by an eligible California lawyer.
Can a PLL’s supervised hours include unpaid work?
While the PLP recognizes that some PLLs may engage in unpaid volunteer work, nothing in the program purports to exempt employers from any applicable employment and wage and hour laws. Employers interested in supervising a PLL in unpaid volunteer work should determine whether such an arrangement is legally permissible given the specific factual circumstances and should follow all applicable laws as required. Also, refer to the California Lawyers Association’s webpage about employing and paying a PLL.
Does provisional licensure automatically terminate upon issuance of an adverse moral character determination?
No. The license is suspended to give the PLL the opportunity to contest the determination. If no request for review or appeal is timely filed, the PLL is terminated. If a request for review or appeal is timely filed, the PLL will remain suspended until the final outcome, unless the PLL is terminated as a result of other factors (such as failing to timely meet other program requirements).
I filed my moral character application at the same time my classmate submitted their application. Why was their application approved quickly while my application remains pending?
Applications are considered on an individual basis, and no two applications are the same. Processing times are affected by variables such as the relative complexity of an applicant’s history. It typically takes 180 days or more from the date an application is deemed complete to finish processing the application. You are permitted to submit a moral character application any time after you meet the eligibility requirements by commencing the study of law and registering with the State Bar as a law student or an attorney applicant. Applicants are encouraged to submit a moral character application before the start of their last year of law study.
Can I request a copy of my application?
Yes. A copy of your moral character application can be requested by submitting a Service Request Form with the applicable fee as a General Request in the Applicant Portal. Please allow approximately 30−45 days to process the request.
1.3 What are entrusted funds and how must they be handled?
All funds received by a lawyer in connection with legal representation in which a client or a third party has an interest are funds that must be deposited in a trust account. Examples include advances for fees received from clients (until they are earned by the lawyer), funds of others that are being held for disbursement at a later time, personal injury awards, and litigation settlements.
Client and third-party funds must be held in either an IOLTA or non-IOLTA type client trust account. The definitions of each are as follows:
IOLTA—An attorney or firm that holds funds for a client or third party that are nominal in amount or are held for too short a time to earn interest income for the benefit of the client or third party in excess of the cost to hold the funds in a separate account is required to place those funds in an IOLTA account. (Bus. & Prof. Code, § 6211, subd. (a)). A California IOLTA account must be established and maintained with an eligible institution that offers IOLTA accounts that meet certain requirements. The State Bar website has a list of IOLTA-eligible institutions.
Non-IOLTA—An attorney or firm that holds funds for a client or the benefit of a single party in a matter that is large enough to generate more than nominal interest, or an attorney who holds funds for a single party for an extended period must hold such funds in a non-IOLTA trust account. An example would be funds held by the administrator of a family trust. The attorney must use a non-IOLTA account because these entrusted funds will earn interest in excess of the costs to maintain the account. The interest earned goes to the client or third party. (Bus. & Prof. Code, § 6211, subd. (b)).
When registering a client trust account as part of CTAPP, you must identify the trust account type. The account will either be IOLTA or non-IOLTA; an account will never be both. The account type was established at the time the account was opened and does not change. A California IOLTA must bear the State Bar of California’s Taxpayer Identification Number to ensure that interest or dividends generated by this account will be paid to the State Bar’s IOLTA program. A non-IOLTA will bear the Social Security Number or Tax ID number of the client or third party.
2.6 I have already completed my reporting, but I want to change an answer during the annual CTAPP reporting period. How do I do that?
If you have already completed your CTAPP reporting for the current period and you want to change an answer before the reporting deadline, you can access the CTAPP reporting page by logging in to My State Bar Profile. On your Client Trust Reporting page (third blue tab at the top), click the CTAPP Annual Reporting tile. You can click through the pop-up warning that says you have already submitted your CTAPP Annual Reporting declaration and that you will have to resubmit your declaration, or you will be out of compliance. NOTE: Even if you make no changes, be sure to click all the way through and resubmit your declaration.
2.13 How do I report changes to my trust accounts outside of the annual CTAPP reporting period (rule 2.2(C) of the Rules of the State Bar)?
A lawyer must report any changes to their client trust account to the State Bar within 30 days. A lawyer may add or close an account using the 30-day reporting window in My State Bar Profile, and a firm administrator may add or close an account or add or remove an attorney from an account through the 30-day reporting window in the Agency Billing platform. When a firm administrator adds a new attorney or removes an attorney from a trust account, they provide the effective date and reason for the disassociation as part of the reporting.
3.3.3 The bank holding my trust account was acquired by or merged with another bank. The new bank changed my routing number and/or account number, but I cannot update those fields during my CTAPP reporting. How do I report this change to my account?
The trust account reporting system does not allow changes to routing numbers or account numbers of previously registered trust accounts. To report this change, please close the registration of the existing account by clicking the “Update Account Information” link and then entering, in the “Edit Close Date” tab, the date the account was changed to the new routing and account number. You will also need to enter the balance on that date.
You can then register the account with the new routing number and account number. In the open date field, please enter the date the account was changed to the new routing and account number. Please be sure to enter the bank balance of the new account as of December 31.
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