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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.
Each file is handled individually. Processing time depends on whether we receive complete information. A Foreign Legal Consultant application cannot be approved until you have received a positive moral character determination. Generally, the moral character review process can take a minimum of six months to complete.
An applicant must:
For more information, please complete the LAP/OPC Support Intake Form, give us a call (877-LAP-4HELP or 877-527-4435), or send an email to LAP@calbar.ca.gov. Contacting us is confidential.
Very often, the amount of money a lawyer handles for a single client is quite small, or will be held for such a short period of time that it cannot earn net income for the client.
When these small or short-term funds belonging to clients are placed in a single, interest- or dividend-bearing trust account, the funds collectively earn interest that the financial institution forwards to the State Bar of California to support nonprofit legal aid organizations that provide civil legal aid to indigent and low-income people, seniors and persons with disabilities.
Business and Professions Code Sections 6091.2, 6211, 6212, 6213 require that financial institutions that choose to participate in the IOLTA program offer comparable bank investment products to their IOLTA customers as they do to their similarly situated customers. If a financial institution does not meet this requirement, then attorneys are not allowed to hold their IOLTA at that financial institution.
No. Both sides must agree to mediation. The State Bar will notify the opposing party if mediation is requested.
Live Scan vendors are contracted through the DOJ and are not under the authority of the State Bar. Live Scan vendor complaints may be submitted to the State Bar, which will be sent to the DOJ. If you recently submitted your fingerprints through a DOJ-contracted Live Scan vendor and have had a negative experience, we encourage you to complete the Live Scan Vendor Complaint Form and email the completed form to the State Bar.
Yes. The 2025 annual fees will be available to calculate and pay online through My State Bar Profile effective February 1, 2025.
For a year after reporting MCLE compliance, a member must retain and provide upon demand and to the satisfaction of the State Bar the following:
Rule 2.73 adopted effective Jan. 1, 2008
You may sign into your My State Bar Profile page and navigate to the E-Learning Portal. Each MCLE course will offer a PDF-formatted certificate you may print or save, provided the courses haven’t expired. The State Bar only offers courses through the E-Learning Portal.
Please note we do not require copies of certificates for expired courses. We will have internal record of the courses you have completed via the E-Learning Portal as the direct provider. Also, the Portal will always have record of the courses you have completed, and you may view the list at any time.
California Rule of Court Rule 9.9.5, requires all active attorneys to be re-fingerprinted. This is done to ensure that the State Bar is in compliance with Business and Professions Code Section 6054, which requires the State Bar to receive notifications of attorney arrests and convictions from the California Department of Justice (DOJ).
For the past 30 years the State Bar has been statutorily required to receive notification of subsequent arrests and convictions from the DOJ. Until 2018, the State Bar was out of compliance with this statutory mandate.
The only way for the State Bar to come fully into compliance is to re-fingerprint licensed attorneys. Although attorneys were fingerprinted at the time of admission to the State Bar, unfortunately neither the State Bar nor the DOJ retained those fingerprints for future notification services.
We apologize for our previous failure to comply with a statutory mandate, and for any inconvenience that may result from the re-fingerprinting attorneys will need to undergo. However this is a new State Bar focused on regulation and public protection. This Rule of Court enables statutory compliance and reflects the State Bar’s commitment to protecting the public.
Any questions regarding the MCLE Audit should be submitted to the State Bar’s MCLE Audit Team by submitting a Licensee Records and Compliance Inquiry.
A Certificate of Good Standing must:
Contact the Office of Admissions at admissions@calbar.ca.gov or 800-843-9053
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