Find a Certified Lawyer Referral Service Check Attorney Profile
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.
Replace with the following:
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.
E-Bill Express accepts debit cards, credit cards, and ACH payments.
Rule 9.40 of the California Rules of Court does not set a limit on the number of appearances an out-of-state attorney may make as PHV. However, the court determines if the applicant is ineligible for PHV due to multiple appearances.
Client Trust Accounting (CTA) School provides an overview of the California Rules of Professional Conduct and relevant provisions of the State Bar Act and Rules of the State Bar relating to client trust accounting. The course is designed to help attorneys understand their fiduciary responsibilities, avoid common trust accounting violations, and maintain compliance. It is self-paced and available 24/7 on the State Bar’s E-Learning Portal. It replaces the previously offered live sessions.
The general requirement is that the report must be made within 30 days of the time you have knowledge of the triggering event.[1] Exceptions:
Reporting duties are not stayed while a sanction order is on appeal.[4]
Simply browse the course catalog, select the course you're interested in, and click “Add to Cart.” Once you complete checkout, you’ll have immediate access to the course through your account dashboard.
Make sure that you have completed all interactive elements on the screen. The “NEXT” button will only activate once all of the screen elements have been completed. In addition, please allow the screen seek bar to progress on its own. If you manually drag it to complete the course, the “NEXT” button may not activate properly.
Each case is different. Most disbarred attorneys fall into one of two categories: (1) They committed a very serious violation, such as perjury or stealing client funds, or (2) they have a history of misconduct.
Reproval, either public or private, usually is reserved for first-time offenders whose misconduct falls on the low end of the scale.
For example, abandoning one client might lead to a private reproval or remedial action, such as Ethics School. Abandoning 12 clients, however, would likely result in much more serious discipline.
An attorney is placed on probation so that his or her conduct in the practice of law can be monitored—much like supervised probation in the criminal justice system.
Occasionally, another practicing attorney—serving as a probation monitor—meets with the disciplined attorney. The disciplined attorney then files regular reports and could be required to meet special conditions during the probationary period. Most conditions of probation are monitored by the Probation Unit.
The course is approximately one and a half hours long, but you may complete it at your own pace and save your progress.
If you are taking the course as the result of being disciplined by the State Bar, CLE credit is not available. Attorneys completing the course for this purpose must submit a certificate of completion to the Office of Case Management and Supervision upon completion of the course.
If you are taking this course as a condition of an abeyance stipulation related to an Application for Determination of Moral Character, MCLE credit is not available. Individuals completing the course for this purpose must submit a certificate of completion to the Office of Admissions upon conclusion of the course.
When browsing the course catalog, select “CTA School—Client Trust Accounting Rules and Regulations.” Do not select the course that covers similar content (e.g., “Client Trust Accounting Rules and Regulations”). Taking any similar voluntary course will not satisfy your mandatory obligation to complete the course, whether mandated by an order of the California Supreme Court or the State Bar Court, or required by the Office of Admissions. To satisfy a mandatory obligation, you must take the mandatory CTA School course, which is not eligible for MCLE credit.
This service is available to licensed California attorneys, out-of-state attorneys, judges, paralegals, law firm administrators, law school students, and State Bar applicants, so long as the question is not related to a pending disciplinary investigation or case with the State Bar.
A date has not been set. It depends on when subgroups finish their recommendations and the Working Group approves its complete tentative proposal.
Need additional help? Visit our Contact Us page for additional resources.