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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.
Eleven areas:
When a search warrant is issued for documents under the control of the specified professionals, the court appoints a Special Master to accompany the peace officer serving the warrant.
Yes. Parties are encouraged to discuss the dispute prior to arbitration and to try to settle it informally. Fee disputes sometimes occur because the lawyer and client have stopped communicating with each other. Sometimes, discussing the dispute may lead to early settlement. Some fee arbitration programs will refund a portion of the arbitration filing fee if the dispute is settled early in the process. Check the rules of the program you are using.
The arbitrator will expect the parties to be fully prepared to explain and support their positions on the value of the lawyer's services and to have all 2 Rev.4/7/2021 documents and witnesses organized and ready at the hearing. The arbitrator will not expect you to act like a lawyer, but they will expect your case to be presented in an organized and efficient manner. If you have documents to submit, provide copies to the arbitrator and the attorney whose fees you are disputing before the hearing.
The arbitrator may ask questions at any time. Sometimes the arbitrator will ask questions while you or the lawyer are presenting your case if clarification is needed.
Lawyers are often in the best position to know if another lawyer is not fulfilling their ethical obligations and violating the Rules of Professional Conduct. Reporting another lawyer’s possible misconduct assists the State Bar to protect the public, the courts, and the legal profession from lawyer harm; helps to maintain the integrity of the legal system; and furthers public trust in the legal profession.
If you are not sure whether you have a duty to report misconduct under rule 8.3, you may consult with another lawyer. See rule 8.3, comment [2]. A lawyer may, but is not required to, report any other violation of the Rules of Professional Conduct or the State Bar Act that is not required to be reported under rule 8.3. See rule 8.3(b), comment [4].
The Learning Page organizes the courses under two tabs: To-Do and Completed. The To-Do tab lists courses that are in-progress or that you have not started. The Completed tab lists courses that you have completed.
Yes. All persons newly admitted to the State Bar of California are required to complete the New Attorney Training Program.
Once your MJP application has been approved and the State Bar has issued you a certificate of registration, you may engage only in the activities permitted by the applicable rule of the California Rules of Court.
Once your MJP application has been approved, you may:
• RIHC: only provide legal services in California to the qualified institution that employs you. Upon submittal of a supplemental form, you may also provide pro bono legal services under the supervision of a California attorney for an eligible legal aid organization defined by rule 9.45(a)(1) of the California Rules of Court, or the qualifying institution that employs you.
• RLAA: under the supervision of a California attorney, provide legal services while working, with or without pay, at a qualified legal aid organization and only on behalf of its clients or customers. Practice under this rule is limited to a total of five years.
• RMSA: under the supervision of a California attorney, practice law in California in all forms of legal practice that are permissible for a licensed attorney of the State Bar of California. Practice under this rule is limited to a total of five years.
Once you become ineligible for the MJP Program, you must notify the State Bar within 30 days.
You must report the above information in the Applicant Portal by following the steps below or emailing mjp@calbar.ca.gov.
• Log in to the Applicant Portal.
• From the home page in the Applicant Portal
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