Will you send me a reminder before my deadline? Will there be a reminder in My State Bar Profile?
No. The State Bar will not send a reminder before your NAT completion deadline. You are personally responsible for tracking and meeting your deadline.
If you do not complete NAT by your deadline, the State Bar will send you a notice of noncompliance. The notice will explain that you must complete NAT and pay any assessed noncompliance penalty to avoid being enrolled as inactive and becoming ineligible to practice law.
Because NAT is a onetime requirement, it may not appear in the same area of My State Bar Profile as your annual MCLE compliance obligations. Remember to:
Keep your email address and mailing address current with the State Bar,
Review your notifications in My State Bar Profile regularly, and
Complete NAT well before your deadline.
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.
What is the New Attorney Training Program?
The State Bar of California’s New Attorney Training (NAT) Program is a mandatory online training program for all newly admitted California attorneys. It consists of nine State Bar–produced courses covering professional responsibilities and practical skills for practicing law. The courses may be completed in any order and at your own pace.
Topic
MCLE Credit
Attorney as an Officer of the Court—Civility and Pro Bono Legal Services
1.0 hour of Civility
Attorney Communication Duties
1.25 hours of Legal Ethics
Attorney Well-Being: The Bedrock of Competence
1.0 hour of Competence: Prevention and Detection
Attorney-Client Relationships
1.25 hours of Legal Ethics
Conflict Resolution, Interpersonal and Communication Skills, and Technology
0.75 hours of General
Elimination of Bias
1.0 hour of Elimination of Bias
Introduction to Law Practice Management Skills
1.0 hour of General
The Attorney as a Fiduciary of Funds and Property of Clients and Others
1.5 hours of Legal Ethics
The Duty of Confidentiality and Conflicts of Interest
1.25 hours of Legal Ethics
Can I claim MCLE credit for NAT courses?
The State Bar’s New Attorney Training is a separate requirement and is not MCLE. However, you may apply NAT course hours toward your MCLE requirements if you complete the hours during your first MCLE compliance period. (Rule 2.142.) Review your MCLE requirements, including any proportional requirement, to determine whether and how the NAT hours apply to your situation.
When is my deadline to complete NAT?
You must complete NAT by the last day of the month of your one-year anniversary as a State Bar licensee. (Rule 2.141.)
For example, if you were admitted on October 15, your deadline is October 31 of the following year. If you have a question about your deadline, complete the Licensee Records and Compliance Inquiry form.
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.”
Can I get a fee waiver for the course?
No. Fee waivers are not available. The fee to access all nine NAT courses is $55.
Can I request an exemption or time extension?
There are no exemptions from the NAT requirement. (Rule 2.143.)
Time extensions are granted only in rare cases involving documented personal hardship. (Rule 2.144.) If you believe you have a qualifying hardship, submit the applicable State Bar request as soon as possible and ideally before your NAT deadline, if feasible.
Submitting a request does not excuse compliance unless the State Bar grants it. Do not delay beginning or completing NAT while awaiting a decision.
I’m a former Provisional Licensure Program (PLP) participant and was recently admitted. Do I need to take NAT again?
If you completed any portion of NAT while enrolled in the State Bar’s PLP, you are considered to have satisfied that portion of the NAT requirement and do not need to retake it. Make sure you complete all nine NAT courses by the deadline.
Check your E-Learning Portal to confirm that your completed courses are reflected. If a completed course does not appear in your record, contact elearning@calbar.ca.gov for assistance.
As a federal or state employee, am I exempt from completing NAT?
No. Although certain federal or state employees may be exempt from the general MCLE requirement, there are no exemptions from the NAT requirement for new licensees. (Rule 2.143.) You must complete NAT by your one-year admission anniversary deadline.
How are LAP group meetings different from self-help group meetings like The Other Bar, and why do I need to participate in both?
Participation in self-help recovery groups is an essential element of recovery for many people. LAP groups are an important adjunct to the recovery process, rather than a substitute for participation in self-help programs.
LAP groups are supportive process groups that are facilitated by licensed mental health professionals. LAP groups differ from self-help groups by providing an individualized focus to the recovery process and more personalized support from the group, under the guidance of the group facilitator. Only law students, State Bar applicants, and attorneys are in the LAP groups. It is not open to the general public.
When do I receive the arbitration decision?
Unless the parties have reached a settlement agreement, a decision will not be made at the hearing. After the hearing, you will receive by mail the arbitrator’s “Findings and Award,” as well as a written “Notice of Your Rights After Arbitration,” which explains your options after the award. The findings may provide you a refund of fees or costs, an amount of outstanding fees you owe, or a determination that no money is owed to either party. The arbitrator may also allocate the program filing fee, regardless of which party initially paid it.
How many members serve on the JNE Commission? How are they appointed?
Pursuant to Government Code section 12011.5(b), the commission consists of attorney and public (i.e., nonattorney) members. The commission is to consist of at least twenty-seven and no more than thirty-eight members. The ratio of nonattorney members to attorney members is determined, to the extent practical, by the ratio established in sections 6013.4 and 6013.5 of the Business and Professions Code.
It is the stated intent of the Legislature that the JNE membership "shall be broadly representative of the ethnic, gender, and racial diversity of the population of California and composed in accordance with sections 11140 and 11141 of the Government Code."
Practice areas of the members are representative of the various types of practice in California, and include the public sector as well as private practice, large and small firms and sole practitioners. The actual composition of the commission has tended to reflect the diversity of the legal profession in California.
Individuals interested in serving on the commission apply to the Board of Trustees, and are appointed by the Board following the guidelines set forth in Government Code section 12011.5(b), and upon recommendation of the Board Executive Committee.
What are some examples of exempt and nonexempt attorneys?
Exempt
Attorney employees of California Superior Courts
Attorneys employed by the State of California who pass judgment or opinion on the law as part of their job duties.
Law Clerks provided they are employed on a permanent or probationary basis
Attorneys employed by the military services (acting within the scope of their employment)
Nonexempt:
Attorneys employed by the University of California
Attorneys employed by the State Bar of California
District attorneys and public defenders
Annuitants, contractors, and consultants
Attorneys performing work on behalf of the State or Federal Government as part of their employment by a nongovernment entity.
Can the Governor appoint a candidate whom the JNE Commission finds not qualified?
Yes. If the Governor appoints a person to a trial court who has been found not qualified, the State Bar may make this fact public after due notice to the appointee of its intention to do so.
If the Governor nominates or appoints a person who has been found not qualified to the Supreme Court or Court of Appeal, the JNE commission submits its recommendation, and the reasons for such recommendation, to the Commission on Judicial Appointments.
Do I have to be a permanent or probationary employee in order to be exempt?
Yes. However, retired attorneys (annuitants) and consultants do not meet the standard of being a permanent or probationary employee and are not exempt from MCLE compliance.
I joined the Bar towards the end of the compliance period. How do I calculate my proportional hours?
This link includes a table you can use to verify your proportional requirement:
I am in the process of moving to California or have just moved to California. Can I still apply as an out-of-state attorney through rule 9.43?
No. If you reside in California you will not be eligible for OSAAC.
Do I earn self-study or participatory credit for watching approved videotapes or listening to approved audiotapes?
Participatory credit for watching or listening to an approved education activity recorded on electronic media is available if:
the provider has the attorney sign in at the time of the activity and keeps a record of attendance;
the program is approved for participatory credit; and
provider gives the attorney a certificate of attendance.
Otherwise, an attorney receives self-study credit.
Can the JNE Commission nominate or appoint judges?
No, that is entirely a gubernatorial prerogative.
What is a Special Master?
Special Masters are volunteer attorneys who accompany peace officers in searches for documentary evidence in the possession of or under the control of attorneys, physicians, psychotherapists and clergy.
Are attorneys allowed to accept an advance fee if they place the fee in a Client Trust Account or escrow account until they complete all contracted services?
No. The language of Civil Code section 2944.7(a)(1) is sufficiently broad and prohibits the collection or receipt of any fee for loan modification services prior to the completion of all contracted services.
What evidence does the arbitrator use to make a decision?
One of the first things the arbitrator will look at is whether there is a written fee agreement. If there is, the parties should submit a copy of the agreement to the arbitrator. In most instances, lawyers are required to use written fee agreements. If they do not, however, they are still entitled to a reasonable fee. The arbitrator will also consider the testimony of the parties, the billing statements, and other relevant evidence presented.
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