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Common questions

How do I file a complaint against my lawyer or a lawyer referral service?

If you believe your lawyer has done something wrong, you can file a complaint with the State Bar. Complaints may be submitted online or by mail. If you have questions or need assistance in completing the form, call the State Bar’s Attorney Complaint Hotline at 800-843-9053. For more information on reporting a lawyer to the State Bar and handling other problems, read the legal guide If You Have a Problem with an Attorney.

If you have a complaint about a certified or uncertified LRS, you can file a complaint against the service with the State Bar. In order to promote public protection, the State Bar will review your complaint to determine if the LRS has violated Business and Professions Code Section 6155 and State Bar Rules.

For more information on certified lawyer referral services, contact LRS@calbar.ca.gov.

When are the annual fees due?


The due date is by March 30, or the next business day if that date falls on a weekend or holiday, each year during the annual license renewal process. The 2025 annual deadline is April 1, 2025. If you miss the deadline, you will be charged a penalty ($103 for active attorneys, $31 for inactive attorneys).

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.

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.

All Help Topics

What is included in an OSAAC certificate?

A detailed list of what the certificate will need to include can be found in California Rule of Court 9.43 and CCP Section 1282.4. The application will need to include:

  • the proceeding name and number.
     
  • a declaration by the out-of-state attorney containing his/her name, home and business addresses; where he/she is licensed to practice; and whether the attorney is a member in good standing in his/her home state.
     
  • the name, phone number, address and bar number of the California attorney of record.

It is advisable to speak with the office of the arbitrator for information regarding its requirements and documentation

Do I need to send in anything else when reporting my Compliance online?

Except in the case of an audit, an attorney should never send in any MCLE-related documentation unless specifically requested to do so by the State Bar (otherwise, it will be returned).

However, in the event that an attorney's compliance is audited, attorneys are required to maintain sufficient proof of compliance with the education requirement or of an exemption status for at least one year from the date they report compliance.

If I opt out of being part of randomized search results for potential new clients, will my existing clients still be able to find my profile online?

Yes, anyone searching for you by name or with your bar number will be able to find your profile.

Can I search by a specific area of legal practice?

At this time you cannot search by practice area. You will still see the attorney’s self-designated areas of practice. The State Bar of California’s Board of Governors limits search criteria to name, firm name, location/geography, certified legal specialization and language(s) spoken.

After I have incorporated, how much time do I have to register with the State Bar of California?

You must register with us before you start practicing law as a law corporation in the state of California.

May I have my administrator or paralegal respond to the audit on my behalf?

You may choose to delegate, however, you are ultimately responsible for the safe-keeping of your documentation, the accurate and timely submission of your response to the audit notice and payment of any penalties.

What if I completed more than 25 credit hours? Should I submit them all?

Please submit the required amount of hours based on your status during the compliance period.  Excess hours may not be applied to the next compliance period.

What is an out-of-state attorney arbitration counsel (OSAAC)?

An out-of-state attorney arbitration counsel is an attorney who is not a licensed attorney of the State Bar of California but who is an active attorney in good standing of and eligible to practice before any Bar of the United States and who has been retained to appear in the course of, or in connection with, an arbitration proceeding in this state.

How many times may I apply as an OSAAC?

There is no hard and fast rule to determine this. It is usually up to the discretion of the arbitrator and/or arbitral panel who may ask the applying attorney to inform him/her how many times the applying attorney has appeared as an OSAAC. The spirit of the rule that the arbitral panel will follow mandates that out-of-state attorneys not abuse OSAAC as a substitute for practicing in California.

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

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.

Are attorneys allowed to accept an advance fee if they offer a full refund of the fee if a loan modification is not granted?

No. Again, the language of Civil Code section 2944.7(a)(1) is sufficiently broad and prohibits the collection of any fee for loan modification services prior to the completion of all contracted services.

What does the arbitrator use as a basis for making a decision?

The arbitrator makes a decision based on any documents and testimony presented. The arbitrator's decision will be based on a number of factors. These include, among other things: 

• How difficult the case was, and the skill needed by the lawyer to handle it. 

• Whether the lawyer was prevented from taking other cases because they were hired by you. 

• How much the case was worth and what the final results were. 

• Any circumstances or time limitations that may have required that the lawyer spend additional hours. 

• The lawyer's experience and ability. 

• The time the lawyer spent on the case. 

• Whether you understood and agreed to the fee arrangement.

May I communicate with the arbitrator?

You should not communicate with the arbitrator before or after the hearing, except on procedural issues such as scheduling the hearing and issuing subpoenas. Never discuss the merits of your case with the arbitrator outside of the hearing. You will be given a chance to explain your side of the story at the hearing while the lawyer is present so that the lawyer may respond to each issue you raise. 

If you have to communicate in writing with the arbitrator, you must send copies of all letters and any attachments to the attorney whose fees you are disputing.

What happens next?

After all the evidence has been presented, you and the lawyer are permitted to summarize your case. Comments during your summary should focus on why the lawyer's fees may be reasonable or unreasonable under the circumstances of your particular case. They should address only the evidence presented. 

At all times during the hearing, both sides should avoid making personal attacks, making references to anything outside the lawyer-client relationship, or discussing matters based only on speculation or assumption.

What types of misconduct must I report under rule 8.3?

A lawyer must report another lawyer if the lawyer knows of credible evidence that the lawyer committed a criminal act or engaged in conduct involving dishonesty, fraud, deceit, or reckless or intentional misrepresentation or misappropriation of funds or property that raises a substantial question as to that lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects.

Can I be disciplined for making a false report or complaint under rule 8.3?

False and malicious reports or complaints can result in criminal penalties or disciplinary action. (See Bus. & Prof. Code, § 6043.5.) Additionally, a false complaint to a judge, judicial officer, or tribunal may result in discipline. (See rule 3.3(a); Bus. & Prof. Code, § 6068, subd. (d).

Similarly, if you threaten to file a complaint with the State Bar to obtain an advantage in a civil dispute, you may be subject to disciplinary action by the State Bar. (See rule 3.10.)

How do I view my courses?

Click the Learning page on the top menu bar and click the To-Do tab to view all available courses. Click the Completed tab to view courses that you have completed.

Can I take 10 hours of continuing legal education on similar topics provided by another source to satisfy the New Attorney Training Program?

No. All persons newly admitted to the State Bar of California must take the New Attorney Training Program courses produced by the State Bar and offered through this e-learning portal. 

No other courses will satisfy completion of the New Attorney Training requirement for new admittees.

How long will it take for my MJP application to be processed?

Generally, the State Bar will process your MJP application within 30 days of receipt if you submit a complete and accurate application. 

Incomplete applications will take longer to process. If your application is deemed incomplete, you will have 60 days from the date you submitted your application to provide the missing information or documentation. If your application is not deemed complete within this period, your application will be abandoned without a refund of any fees paid.

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