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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.
No. If you already reported criminal information to the State Bar in the moral character process or under the self-reporting mandate, you are not required to report the same information again.
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The State Bar certifies specialists in 11 areas: Admiralty & Maritime, Appellate, Bankruptcy, Criminal, Estate Planning, Family, Franchise & Distribution, Immigration, Legal Malpractice, Taxation, and Workers' Compensation. If you have questions, please fill out the Licensee Records and Compliance Inquiry Form or call 415-538-2120.
No. County employees are not exempt. Employees of California Superior Courts are exempt from MCLE requirements.
You may apply the MCLE credit from courses approved by many states and a few overseas jurisdictions if you were physically outside California when you completed them. This is by rule, so no special forms or requests are needed. Check the approved jurisdictions list on the State Bar website.
The State Bar does not have a list of low-cost MCLE programs, only a complete list of all approved providers. Attorneys may find the following resources useful in determining the most convenient and cost-effective method of fulfilling requirements:
Attorneys can fulfill up to one-half of their total required MCLE hours by utilizing self-study options and should consider:
IOLTA stands for "Interest on Lawyers' Trust Accounts." Rule 1.15 of the Rules of Professional Conduct requires attorneys who handle client funds or funds entrusted by others, including settlement checks, fees advanced for services not yet performed, or money to pay court fees, to hold those funds in one or more interest-bearing bank accounts labeled as a “Trust Account,” or words of similar import.
If the amount is large or the funds are to be held for a long period of time, the attorney must place the money in an individual interest-bearing account for the benefit of the client.
However, if the amount of client funds is small or the funds will be held for such a short period of time that they are not capable of earning interest for the client in excess of the cost of maintaining a separate bank account, then they are pooled in a single account with similar funds of other clients.
The interest on these pooled-fund, IOLTA accounts is forwarded to the State Bar of California and used to support approximately 100 nonprofit legal aid organizations that provide civil legal aid to indigent and low-income people, seniors, and persons with disabilities.
If you completed your test and received your certificate of completion, you do not need to do anything. If you need to complete a test, access a certificate of completion, or save a receipt after the fact, you need the Tester ID. If you cannot locate your ID, please contact us at feedback@calbar.ca.gov.
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Yes. The State Bar offers additional MCLE courses. For course listings, browse the E-Learning Portal catalog, where all State Bar courses are now available. If you are a California-licensed attorney or registered in the multijurisdictional practice (MJP) program, log in to My State Bar Profile to access the catalog.
Professional monitoring can be provided for as long as a participant wants it. If an attorney is required to successfully complete the LAP (often required by the State Bar’s discipline system), the attorney will have several goals to meet, including a minimum of three continuous years of sobriety and/or mental health stability.
In nonbinding arbitration, once the decision is served, either party has 30 days to file a court action to reject the award and ask for a trial. The party who files this action becomes the plaintiff in a lawsuit. This may require additional costs, and you may wish to have a new attorney represent you.
The decision to choose nonbinding or binding arbitration is up to the parties.
Fee arbitrations are nonbinding unless the parties agree in writing, after the dispute arises, to binding arbitration before the arbitrator takes any evidence. If only one of the parties agrees to binding arbitration, or if a party fails to respond, the matter will proceed as nonbinding arbitration.
If neither party files an action in court to reject the award and request a trial within 30 days of the date the award is served, the nonbinding award will automatically become binding on the parties. If the arbitration is binding, the award is final when issued, and neither you nor the attorney can request a new trial in court. A binding award can only be corrected or vacated by a court for very limited reasons.
An investigation of a complaint typically takes up to six months to be completed. In particularly complex cases, the investigation could take as long as a year. Many complaints are diverted out of the process along the way. For example, there could be a referral to mandatory mediation (an agreement requiring the attorney to meet certain conditions) or the attorney’s participation in other programs.
The office address of the attorney's employer (qualifying institution for in-house counsel and qualifying legal services provider for legal services attorney) will be considered your address of record. If your current employer changes its address, you must submit a written notice to:
Office of Admissions (MJP)
The State Bar of California
845 S. Figueroa St.
Los Angeles, CA 90017-2515
or
e-mail: mjp@calbar.ca.gov within 30 days of the change.
If your address change is due to new employment, you must submit a Change of Employment Form for registration with the State Bar.
MJP attorneys are not allowed to practice law with other institutions without registration by the State Bar.
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