Will you send me a reminder before my deadline? Will there be a reminder in My State Bar Profile?
No. The State Bar will not send a reminder before your NAT completion deadline. You are personally responsible for tracking and meeting your deadline.
If you do not complete NAT by your deadline, the State Bar will send you a notice of noncompliance. The notice will explain that you must complete NAT and pay any assessed noncompliance penalty to avoid being enrolled as inactive and becoming ineligible to practice law.
Because NAT is a onetime requirement, it may not appear in the same area of My State Bar Profile as your annual MCLE compliance obligations. Remember to:
Keep your email address and mailing address current with the State Bar,
Review your notifications in My State Bar Profile regularly, and
Complete NAT well before your deadline.
If I miss the deadline, how do I pay the noncompliance penalty?
If you do not complete NAT by your deadline, you will be assessed a noncompliance penalty, which may take up to 90 days to appear in My State Bar Profile. To pay the noncompliance penalty:
Select “Compliance Dashboard” in the top navigation menu.
In the “Annual License Fee Status” section, select “Pay your annual fees.”
Select “Calculate and pay my fees.”
Follow the instructions to pay any outstanding balance.
Even after a noncompliance penalty has been assessed, you are still required to complete NAT. If you do not complete NAT and resolve any assessed fees by the applicable deadlines, you may be enrolled as involuntarily inactive and become ineligible to practice law.
What is the New Attorney Training Program?
The State Bar of California’s New Attorney Training (NAT) Program is a mandatory online training program for all newly admitted California attorneys. It consists of nine State Bar–produced courses covering professional responsibilities and practical skills for practicing law. The courses may be completed in any order and at your own pace.
Topic
MCLE Credit
Attorney as an Officer of the Court—Civility and Pro Bono Legal Services
1.0 hour of Civility
Attorney Communication Duties
1.25 hours of Legal Ethics
Attorney Well-Being: The Bedrock of Competence
1.0 hour of Competence: Prevention and Detection
Attorney-Client Relationships
1.25 hours of Legal Ethics
Conflict Resolution, Interpersonal and Communication Skills, and Technology
0.75 hours of General
Elimination of Bias
1.0 hour of Elimination of Bias
Introduction to Law Practice Management Skills
1.0 hour of General
The Attorney as a Fiduciary of Funds and Property of Clients and Others
1.5 hours of Legal Ethics
The Duty of Confidentiality and Conflicts of Interest
1.25 hours of Legal Ethics
Can I claim MCLE credit for NAT courses?
The State Bar’s New Attorney Training is a separate requirement and is not MCLE. However, you may apply NAT course hours toward your MCLE requirements if you complete the hours during your first MCLE compliance period. (Rule 2.142.) Review your MCLE requirements, including any proportional requirement, to determine whether and how the NAT hours apply to your situation.
When is my deadline to complete NAT?
You must complete NAT by the last day of the month of your one-year anniversary as a State Bar licensee. (Rule 2.141.)
For example, if you were admitted on October 15, your deadline is October 31 of the following year. If you have a question about your deadline, complete the Licensee Records and Compliance Inquiry form.
How do I access the New Attorney Training?
The New Attorney Training Program courses can be accessed through My State Bar Profile. The fee to access all nine courses is $55. Fee waivers are not available.
Locate the e-learning section toward the bottom of the home page, and select “E-Learning Portal.”
On the E-Learning Dashboard’s top navigation bar, select “View Catalog.”
In the search box, type “New Attorney Training.”
Select “Add to Cart” and complete the checkout process.
After you purchase the courses, when you return to the E-Learning Dashboard, select “Not Started” to locate the course you want to start. Then, select the red + button to the right of the course title, and select “Launch.”
Can I get a fee waiver for the course?
No. Fee waivers are not available. The fee to access all nine NAT courses is $55.
Can I request an exemption or time extension?
There are no exemptions from the NAT requirement. (Rule 2.143.)
Time extensions are granted only in rare cases involving documented personal hardship. (Rule 2.144.) If you believe you have a qualifying hardship, submit the applicable State Bar request as soon as possible and ideally before your NAT deadline, if feasible.
Submitting a request does not excuse compliance unless the State Bar grants it. Do not delay beginning or completing NAT while awaiting a decision.
I’m a former Provisional Licensure Program (PLP) participant and was recently admitted. Do I need to take NAT again?
If you completed any portion of NAT while enrolled in the State Bar’s PLP, you are considered to have satisfied that portion of the NAT requirement and do not need to retake it. Make sure you complete all nine NAT courses by the deadline.
Check your E-Learning Portal to confirm that your completed courses are reflected. If a completed course does not appear in your record, contact elearning@calbar.ca.gov for assistance.
As a federal or state employee, am I exempt from completing NAT?
No. Although certain federal or state employees may be exempt from the general MCLE requirement, there are no exemptions from the NAT requirement for new licensees. (Rule 2.143.) You must complete NAT by your one-year admission anniversary deadline.
How are LAP group meetings different from self-help group meetings like The Other Bar, and why do I need to participate in both?
Participation in self-help recovery groups is an essential element of recovery for many people. LAP groups are an important adjunct to the recovery process, rather than a substitute for participation in self-help programs.
LAP groups are supportive process groups that are facilitated by licensed mental health professionals. LAP groups differ from self-help groups by providing an individualized focus to the recovery process and more personalized support from the group, under the guidance of the group facilitator. Only law students, State Bar applicants, and attorneys are in the LAP groups. It is not open to the general public.
When do I receive the arbitration decision?
Unless the parties have reached a settlement agreement, a decision will not be made at the hearing. After the hearing, you will receive by mail the arbitrator’s “Findings and Award,” as well as a written “Notice of Your Rights After Arbitration,” which explains your options after the award. The findings may provide you a refund of fees or costs, an amount of outstanding fees you owe, or a determination that no money is owed to either party. The arbitrator may also allocate the program filing fee, regardless of which party initially paid it.
How many members serve on the JNE Commission? How are they appointed?
Pursuant to Government Code section 12011.5(b), the commission consists of attorney and public (i.e., nonattorney) members. The commission is to consist of at least twenty-seven and no more than thirty-eight members. The ratio of nonattorney members to attorney members is determined, to the extent practical, by the ratio established in sections 6013.4 and 6013.5 of the Business and Professions Code.
It is the stated intent of the Legislature that the JNE membership "shall be broadly representative of the ethnic, gender, and racial diversity of the population of California and composed in accordance with sections 11140 and 11141 of the Government Code."
Practice areas of the members are representative of the various types of practice in California, and include the public sector as well as private practice, large and small firms and sole practitioners. The actual composition of the commission has tended to reflect the diversity of the legal profession in California.
Individuals interested in serving on the commission apply to the Board of Trustees, and are appointed by the Board following the guidelines set forth in Government Code section 12011.5(b), and upon recommendation of the Board Executive Committee.
What are some examples of exempt and nonexempt attorneys?
Exempt
Attorney employees of California Superior Courts
Attorneys employed by the State of California who pass judgment or opinion on the law as part of their job duties.
Law Clerks provided they are employed on a permanent or probationary basis
Attorneys employed by the military services (acting within the scope of their employment)
Nonexempt:
Attorneys employed by the University of California
Attorneys employed by the State Bar of California
District attorneys and public defenders
Annuitants, contractors, and consultants
Attorneys performing work on behalf of the State or Federal Government as part of their employment by a nongovernment entity.
I want to complain about content in a State Bar–approved MCLE course. How do I do that?
Pursuant to rule 3.605 of the Rules of the State Bar, the State Bar does not intervene in disputes between a provider and an attendee or potential attendee. However, complaints that the State Bar receives regarding a provider are considered in assessing the provider’s compliance with State Bar certification rules. Please email your concerns to providers@calbar.ca.gov.
What do lawyers need to do to participate in IOLTA?
By law, all lawyers who handle small amounts of money for their clients, or money that is held for a short period of time, must participate in the program.
They must open interest- or dividend-bearing trust accounts at Eligible Financial Institutions and deposit all small and short-term sums into these accounts. They also must report annually to the State Bar whether or not they held a client trust account (including IOLTA) at any time during the prior year.
Once the account is designated an IOLTA account, lawyers are not responsible for ensuring that the interest is accumulated and forwarded to the State Bar.
The financial institutions with which the funds are deposited are responsible for complying with the law, and the IOLTA Program is responsible for monitoring compliance.
What happens to my files if my attorney dies?
If your deceased attorney was part of a law firm or law partnership, that firm would maintain custody of your file.
If your deceased attorney was a sole practitioner, you will need to obtain new counsel. Generally, the executor or administrator of the attorney's estate is responsible for notifying clients and returning their files. In some instances, the local superior court may appoint a practice administrator to handle these duties.
In other instances, the deceased attorney's law practice may be sold to another member of the bar. (Such sales are governed by ethical limitations outlined in the Rules of Professional Conduct).
Finally, there are unfortunate instances in which an attorney dies leaving no responsible person in charge of the law practice. In those instances, the State Bar or local county bar associations may assist in winding down the law practice (after obtaining authorization from the Superior Court).
Your first step should be to contact the law offices of your deceased attorney to determine whether your file is available. If you are unsuccessful, you may contact the State Bar Office of Chief Trial Counsel: 800-843-9053
Where can I find my Tester ID?
The Tester ID was displayed when you paid for the test, on the payment confirmation webpage. It was also emailed to the account you used when you registered with the State Bar or, for those not licensed in California, to the email address you entered when you started the Self-Study payment process. If you cannot find the email, please check your spam or junk folder.
What if I don’t pass the exam?
If you fail the exam, the course will allow you to click “Retry” to retake the exam. You may retake the exam as many times as needed until you obtain a passing score. Because you must complete all lessons before reaching the Final Assessment, each lesson will be unlocked and available for review.
A failing score will allow you to review which questions you answered incorrectly. It is advisable to take your time and use the navigation menu to review the lesson covering that topic before retaking the Final Assessment.
What guarantees do I have that my participation in the LAP will be kept confidential?
Per Business & Professions Code section 6234, any information obtained by the LAP is confidential and cannot be disclosed as part of a civil proceeding, a disciplinary proceeding, or a public records request.
Licensed mental health professionals who may work within the LAP must still comply with laws regarding the reporting of danger to self or others, suspected elder or dependent adult abuse, and suspected child abuse.
What is expected of the participant while in the Lawyer Assistance Program?
While participants receive a personalized plan tailored to their individual needs, there are general similarities. Some common recommendations are:
- Attend several abstinence-based self-help group meetings each week
(for those with substance use problems) or attend therapy sessions
(for those with mental health concerns).
- Attend LAP support group meetings each week.
- Abstain from all drugs that are not prescribed, including alcohol.
- Meet with the Clinical Review Team periodically.
- Maintain regular contact with a Clinical Rehabilitation Coordinator.
- Participate in lab testing on a random basis (typically for those with a history of problematic substance use).
There may be additional and more specific recommendations depending on the needs of an individual participant, such as inpatient treatment or counseling for a specific problem.
If I think an attorney has engaged in misconduct or malpractice, will fee arbitration help me?
No. By law, mandatory fee arbitration cannot help you recover damages or offset expenses incurred for the attorney’s misconduct or malpractice. If the arbitrator determines that the attorney’s malpractice or professional misconduct reduced the value of legal services provided, the arbitrator can reduce the attorney’s fees.
If you think you have a separate claim for legal malpractice, you should discuss your rights with an independent lawyer. However, if you file a lawsuit for malpractice or seek court resolution of the fee dispute after receipt of the Notice of Client’s Right to Fee Arbitration, you waive your right to pursue mandatory fee arbitration.
The Mandatory Fee Arbitration Program does not have the authority 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 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.
Does the State Bar have information about insurance for attorneys?
The State Bar sponsors several insurance programs specifically designed to serve the needs of licensed attorneys. These programs include Workers’ Compensation insurance, life insurance, and Accidental Death and Dismemberment insurance.
You can find more information about these programs at CalBar Connect. The website is managed by CalBar Connect, a subsidiary of California ChangeLawyers (formerly California Bar Foundation). Purchases you make through CalBar Connect provide legal services to Californians in need.
Are Superior Court attorneys required to comply with MCLE requirements?
No. Superior Court attorney employees are “Employees of the State of California” who are exempt from MCLE.
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