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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.
No. Both sides must agree to mediation. The State Bar will notify the opposing party if mediation is requested.
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.
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.
To help you decide whether to file a complaint, visit the Want to File a Complaint webpage.
If you think you have a separate claim for legal malpractice, you should seek legal counsel.
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.
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.
Yes. Mediation is voluntary and either side can decline to mediate. All parties must agree for a mediation to go forward.
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.
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.
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.
The State Bar does not refer clients to lawyers or provide legal advice. We provide a directory of certified Lawyer Referral Services in your area who may be able to help you find a lawyer. Please see our Find Legal Professionals section for resources. The State Bar also publishes free legal information for consumers.
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.
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).
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.
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.
Requests for duplicate audit notices and general questions regarding the MCLE Audit should be submitted to the State Bar’s MCLE Audit Team by completing a Licensee Records and Compliance Inquiry form online. You may also call Attorney Regulation at 888-800-3400.
Pursuant to rule 9.44 of the California Rules of Court, you cannot:
Pursuant Title 3, Division 3, Chapter 4 of the Rules of the State Bar, you cannot claim in any way to be a licensee of the State Bar of California.
You must notify the State Bar of any changes in your status in any jurisdiction where you are admitted to practice or of discipline with respect to such admission within 30 days. Please do not wait to inform the State Bar of any changes until your annual renewal application is due.
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.
The law and State Bar rules and regulations set out specific guidelines for distribution of IOLTA. First, 85 percent of funds available for distribution is allocated to counties based upon their share of the state's more than 6 million indigent persons.
Within the counties, 10 percent of the money is reserved for projects that use pro bono attorneys (attorneys who volunteer their services without pay) as their principal means of delivering legal services.
Money not distributed to pro bono projects is divided among all other "qualified legal services projects" in that county, according to a statutory formula that is tied to each program's previous year expenditures. In order to be a "qualified legal services project," an organization applying for money must be a nonprofit corporation and must, as its primary purpose, provide civil legal services without charge to persons who are indigent.
Qualified legal services projects provide legal aid in a range of substantive areas: housing, healthcare, education, public benefits, consumer law, disability rights, and more.
The remaining 15 percent of available funds (the portion that is not divided among the counties) is distributed to "qualified support centers," meaning organizations that, without charge and as their primary purpose, provide training, technical and advocacy assistance on cases and other support to attorneys and paralegals employed by qualified legal services projects, as well as private attorneys who have accepted pro bono referrals from a legal services project.
These funds are distributed equally to eligible support centers that serve programs around the state. As of 2017, 22 support centers share these funds.
Works to ensure that all of the agency’s key audiences and stakeholders, including the public, attorney licensees, legal services partners, admission applicants— as well as its oversight bodies--know about the agency’s public protection role and are aware of the State Bar’s services and resources. The office supports the agency’s key strategic objectives and initiatives, provides consumer legal information, and supports all key functions of the agency through online content, social media channels, publications, and media and public outreach.
Provides legal advice to and representation of the State Bar Board of Trustees, committees, commissions, and staff in administrative and civil trial and appellate litigation and transactional work in substantive areas such as: State Bar discipline and admission cases, labor and employment, copyright, real estate, contracts, regulatory work, governance, general corporate matters, Bagley Keene and CPRA, and privacy. The office also reviews complaints against lawyers that have been closed by the Office of the Chief Trial Counsel without the filing of disciplinary charges and the complaining witness appeals.
Go to Certificate of Completion, enter your Tester ID, then click the Next button. The MCLE Self-Study Certificate of Completion, Test, and Answers will display. To print only your certificate of completion, please choose the "Printer friendly version - MCLE certificate only" link at the top of that webpage.
If you paid $25 for a particular test, you can take only that test. If you wish to take a different test, you must pay $25 for that article and test. If you wish a refund, please contact us at feedback@calbar.ca.gov. Be sure to close and restart your web browser before trying to take a new test.
Yes. The State Bar offers additional MCLE courses. For course listings, browse the E-Learning Portal catalog, where all State Bar courses are now available. If you are a California-licensed attorney or registered in the multijurisdictional practice (MJP) program, log in to My State Bar Profile to access the catalog.
Professional monitoring can be provided for as long as a participant wants it. If an attorney is required to successfully complete the LAP (often required by the State Bar’s discipline system), the attorney will have several goals to meet, including a minimum of three continuous years of sobriety and/or mental health stability.
In nonbinding arbitration, once the decision is served, either party has 30 days to file a court action to reject the award and ask for a trial. The party who files this action becomes the plaintiff in a lawsuit. This may require additional costs, and you may wish to have a new attorney represent you.
The decision to choose nonbinding or binding arbitration is up to the parties.
Fee arbitrations are nonbinding unless the parties agree in writing, after the dispute arises, to binding arbitration before the arbitrator takes any evidence. If only one of the parties agrees to binding arbitration, or if a party fails to respond, the matter will proceed as nonbinding arbitration.
If neither party files an action in court to reject the award and request a trial within 30 days of the date the award is served, the nonbinding award will automatically become binding on the parties. If the arbitration is binding, the award is final when issued, and neither you nor the attorney can request a new trial in court. A binding award can only be corrected or vacated by a court for very limited reasons.
You can calculate and view your annual State Bar fees and costs through your My State Bar Profile, and then pay by credit card or an electronic check from a checkings/savings (ACH). Annual fees are due February 1. View more information about the annual fees.
An investigation of a complaint typically takes up to six months to be completed. In particularly complex cases, the investigation could take as long as a year. Many complaints are diverted out of the process along the way. For example, there could be a referral to mandatory mediation (an agreement requiring the attorney to meet certain conditions) or the attorney’s participation in other programs.
For purposes of 2.54(A)(3) and 2.54(A)(4), attorneys are exempt who are required by the State Bar of California to maintain an active license as a result of the duties they are required to perform by virtue of their employment with the State of California or the United States government.
An example of those exempt are law clerks.
You may practice as registered in-house counsel as long as you remain eligible and your registration remains current.
Yes. You must renew your registration annually by filing the appropriate form and fees.
No. (Rule 9.47 & 9.48)
An attorney who is licensed to practice law in one or more U.S. jurisdictions other than California, resides in California, provides legal services as in-house counsel for a single qualifying institution in California, and is registered by the State Bar of California. See General Information FAQs for additional information.
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