Substantive written materials handouts, presentations, slides, or other documents that provider meaningful written explanations of the topics and legal authorities covered in the program. They must do more than list agenda items or display primary sources; they should contain analysis, discussion, and practical guidance at a level that allows an attorney to use the materials as a stand-alone reference after the course. Materials consisting only of brief bullet point outlines, agendas, unannotated copies of cases, statutes, or regulations, or slide decks that are mainly pictures, charts, or a few large font bullet points without explanatory text are not considered substantive.
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.
Are there separate Certificates of Attendance for speakers?
No. Except for the credit hours awarded, the certificate is the same for both speakers and nonspeakers.
Can a speaker receive credit as an attendee?
The speaker should receive credit for their attendance time less their speaking time. As an example, a speaker who speaks for 15 minutes during a 1-hour program would only be eligible for 45 minutes of attendance credit (i.e., 60 minutes of program time minus 15 minutes of speaking time = 45 minutes or 0.75 hours).
How are speaker credit hours calculated?
Regardless of the time increment, the speaker should be awarded their actual speaking time multiplied by four. For example, a speaker who speaks for 15 minutes would receive 1 hour of speaking credit (i.e., 0.25 hours x 4 = 1.00 hour speaking credit). Additionally, the speaker credit should be rounded to the nearest quarter-hour if necessary. For example, a speaker who speaks for 10 minutes should receive 45 minutes of speaking credit (i.e., 10 minutes x 4 rounded up to the nearest quarter-hour = 45 minutes or 0.75 hours).
Please note: Speaker credit should only be granted for the first presentation of a program. Speakers who repeat the same presentation should only receive attendance credit for that presentation.
How does a provider track attendance for participatory activities?
Providers can use the State Bar’s Record of Attendance form, or its equivalent, to take attendance. In addition to the California licensee’s name, State Bar number, and signature, the form must include the following information:
• The title of the MCLE activity;
• Date of the MCLE activity; and
• Total hours awarded, including any credit hours or partial credit hours awarded for legal ethics, recognition and elimination of bias, implicit bias, competence issues, or legal specialization as a component of the activity.
I am an approved SAP, so why am I not listed on the website?
Only MAPs are listed on the State Bar’s website. A provider with MAP status is considered to have demonstrated a strong understanding of both the standards for approval of MCLE activities and their responsibilities as outlined in the MCLE provider rules, and therefore, activities held by these providers are presumed to be approved by the State Bar.
How long does the provider’s status remain effective once approved?
A SAP’s application/program is approved for a period of two years from the date of the activity. An approval for MAP status is granted for a period of two years.
What types of legal education providers are approved in California?
There are two types of approved providers in California: Single Activity Providers and Multiple Activity Providers. A Single Activity Provider (SAP) is an organization approved to hold and grant Minimum Continuing Legal Education (MCLE) or Legal Specialty Minimum Continuing Legal Education (LSMCLE) credit for a single MCLE or LSMCLE activity for a period of two years from the date of the activity, provided that no substantive changes are made to the program. A SAP must apply for and receive approval of the activity in accordance with the State Bar’s procedures and pay applicable fee(s). More on becoming a Single Activity Provider
A Multiple Activity Provider (MAP) is an organization approved to hold and grant credit for any MCLE or LSMCLE activity for two years after applying for and receiving approval of MAP status in accordance with State Bar procedures and paying the applicable fee(s). Providers approved for MAP status do not have to submit separate applications to request approval for each program offered. More on becoming a Multiple Activity Provider
What is the Commission on Judicial Nominees Evaluation?
The Commission on Judicial Nominees Evaluation (JNE; JNE Commission), is an agency of the State Bar created by statute for the express purpose of evaluating judicial candidates nominated by the Governor. The language of the statute, Government Code section 12011.5, is mandatory. It provides that, prior to exercising their constitutional right to make judicial appointments, the Governor shall submit to JNE the names of all potential appointees or nominees for judicial office for evaluation of their judicial qualifications. The commission operates pursuant to rules and procedures adopted by the Board of Trustees of the State Bar.
What constitutes a transaction or other non-litigation matter?
A transaction or other non-litigation matter refers to any legal matter other than litigation, arbitration, mediation, or a legal action before an administrative decision-maker.
Will I receive a receipt following my renewal?
To request a receipt of your MJP renewal fees, please call Member Records and Billing at 888-800-3400. Press "0" and a representative will assist you.
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.
Can I obtain a copy of the DOJ/FBI criminal offender record information sent to the State Bar?
The State Bar is unable to provide you with a copy of confidential information received from the Department of Justice. Only those authorized entities or persons authorized by statute may obtain access to DOJ records. If you would like to request a copy of a DOJ record relating to yourself, you must request that records from the DOJ pursuant to procedures set forth in the California Penal Code. See Ca. Penal Code sections 11122-11123.
Is the guarantee the same as malpractice insurance?
Not necessarily. The standard law corporation guarantee ensures payment by the corporation of all claims established against it by its clients for errors or omissions arising out of the practice of law by the corporation of a certain dollar amount which is proportionate to the number of persons practicing law on behalf of the corporation. It is not required that the law corporation send us proof of malpractice insurance.
Why am I being audited?
Members were chosen at random so you did not do anything to influence your being selected for the audit. All recipients selected for the audit are required to respond as directed in the Audit Notice in order to be found in compliance.
May I submit a certificate with someone else’s name on it if we took the course together?
You may only submit unaltered certificates from the official approved provider bearing your name and bar number.
Does the State Bar have a standard certificate form for OSAAC?
Yes, see Forms.
What kinds of approved activities always count for participatory credit?
The following activities always count for participatory credit:
"Live" education verified by a provider
A law school class (whether taught or attended)
Speaking or teaching at an approved MCLE education activity
How long is the evaluation process?
The commission has to report to the Governor within 90 days from the date of submission of the names of the candidates.
Why are Special Masters required?
Section 1524 of the Penal Code requires that Special Masters be used in conducting searches under search warrants for documentary evidence in the possession of or under the control of certain professionals. Special Masters have been required since 1979. The use of Special Masters is designed to balance the interests of professionals and their clients in protecting confidentiality and of prosecutors in securing evidence of suspected criminal activity.
May attorneys who provide a borrower loan modification or other forbearance services agree with the borrower that the services requested will be broken down into component parts and that a fee for each component part will be earned and collected as each part is completed?
If an attorney has been employed by a borrower to assist the borrower in obtaining a loan modification or forbearance, then the answer is “no.” It is a violation of SB 94 to attempt to obtain a payment for any portion of the services contracted for in pursuit of the modification or forbearance prior to the completion of all the services required by the employment contract.
Are we allowed to settle the fee dispute before the arbitration hearing?
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.
What does the arbitrator expect from the parties?
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.
Contact us
Need additional help? Visit our Contact Us page for additional resources.
