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.
Does pro bono always mean taking on an entire case?
No. A broad range of pro bono activities do not require direct, full representation, and/or court appearances. Many legal services and pro bono programs have volunteer opportunities at clinics and hotlines. Your only commitment is for the time spent at the clinic or covering the hotline. California courts allow unbundled (or limited scope) services, so that you can draft pleadings only or take on just a portion of the representation without committing to full representation.
Where do I go if I have questions about my MCLE compliance?
How and when will I receive notice of the annual fees?
You will be notified by email when you can access your annual fees through My State Bar Profile. It’s very important to update your contact information for official State Bar use so you’ll receive these and other important notifications. Group payments must be made through Agency Billing.
What legal services can I provide?
The legal services you are authorized to provide are limited to advice regarding the law of the jurisdiction in which you are licensed and identified in the Foreign Legal Consultant application.
3.4.3 Why am I being required to take a self-assessment on client trust accounting practices, and is it a wrong answer if I respond “no” to any of the self-assessment items?
The required self-assessment is a tool to help attorneys evaluate their current practices and to provide citations to relevant rules and other references, including sections of the Handbook on Client Trust Accounting for California Attorneys. The objective is to promote awareness of duties and facilitate thoughtful consideration of any possible changes to an attorney’s current practices.
Given the great variety of practice settings, including situations where an attorney’s practice is conducted in part or completely in another state with different rules, an attorney might appropriately respond “no” to a self-assessment item. Responding “no” should not be considered a wrong answer when that response accurately reflects an attorney’s current practices. However, if you respond “no” to any question, you may want to consider carefully whether you should make changes to your trust account management practices. Even if you decide not to change your trust account management practices, you should consider documenting in your records the purpose of any “no” responses. The self-assessment questions may be reviewed if you are selected for a compliance review. Documentation will assist the reviewer to quickly understand the purpose of the firm’s practice.
In taking the self-assessment, if an attorney is unsure about how California rules and recordkeeping standards apply to a specific practice setting, an inquiry to the Ethics Hotline research service at 800-238-4427 (toll-free in California) can be helpful. The Ethics Hotline might be able to provide more citations and resource references than the ones included in the self-assessment. The Ethics Hotline cannot provide legal advice, nor tell you how to comply with any of the CTAPP requirements, including the self-assessment.
Only by thoughtfully and honestly completing the self-assessment will an attorney realize the benefits of this compliance tool. Please keep in mind that the self-assessment questions are framed in the present tense and as such, they do not elicit information about prior conduct. Most importantly, what is learned from the self-assessment should inform an attorney’s future conduct in providing competent and professionally responsible services when handling funds and property of clients and others.
What is required?
The State Bar encourages, but does not require, active California licensees to provide pro bono legal services each year. While providing pro bono or reduced legal fee services is not mandatory, licensees are required by Business and Professions Code section 6073.2 to annually report the amount of these services performed each year. Licensees will report either their hours in ranges (e.g., less than 1 hour, 1–5 hours, 6–10 hours, 11–19 hours, etc.), that they did not track their pro bono or reduced fee legal services hours, that they did not complete any pro bono or reduced fee legal services hours, or that they decline to answer.
What is an e-learning portal?
An e-learning portal is a personalized website for accessing e-learning courses and other educational content.
For the final assessment for each course, is a passing score required in order to receive MCLE credit for the course?
No. Although there are knowledge checks and an assessment for each course, you are not required to achieve a passing score in order to receive MCLE credit. The purpose of the assessment is to provide a self-evaluation of what you have learned following the completion of this course. If you would like to improve your score, you will have the option to retake the assessment, or the course in its entirety, after completing the course.
When can I set up my E-Bill Express account?
After April 10, 2025, the State Bar will send you a one-time enrollment email to set up your EBill Express account. Once you receive that email, you can follow the instructions provided to complete your account setup.
Does the State Bar of California accept PHV renewal applications and fees?
No. All documentation and fees related to a PHV renewal must be submitted to the court and not the State Bar of California. Please contact the court if you have questions regarding PHV renewals.
What does it mean to appear as counsel pro hac vice (PHV)?
An out-of-state attorney, who is in good standing in their jurisdiction, and does not live, work, or conduct regular business in California can request permission from a California state court (superior court, Court of Appeal, or Supreme Court) to represent their client as counsel pro hac vice, which is a Latin term meaning "for this occasion." PHV is approved for a particular case, and an active licensee of the State Bar of California must be associated as attorney of record for the case. Please refer to rule 9.40 of the California Rules of Court.
How do I report one of these events to the State Bar?
Changes to your licensee record information may be made in the My State Bar Profile application.
Please use the forms listed here for other self-reporting.
How do I find the right course?
Use the search bar or filter by subject to browse relevant courses.
Who do I contact for technical support or billing issues?
Please contact our support team via email at elearning@calbar.ca.gov. Please note, response times may take up to 48 hours.
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