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.
IOLTA is a primary source of funding for civil legal aid in California. Civil legal aid provides free legal services to those who would not otherwise be able to afford them. On average low-income Californians report experiencing twice as many civil legal problems in a year as nonindigent Californians. Approximately 20 percent of Californians live in poverty and rely on these services for their civil legal needs.
Currently, almost 100 organizations receive IOLTA grants from the State Bar. In 2018 the State Bar distributed over $51 million to support civil legal aid. (This includes other funds besides IOLTA, such as the Equal Access Fund and the Greg E. Knoll Justice Gap Fund.) Top areas where these organizations provided legal assistance included housing, immigration, and family law/domestic violence cases. In 2017, almost 5,000 families were able to stay in their homes, over $16 million in unpaid wages were recovered, and over 2,000 individuals were able to obtain or maintain their health insurance as a result of civil legal aid.
When is the deadline to submit my audit packet? What happens if I miss the deadline?
The deadline to show proof of compliance is stated on your MCLE Audit Notice. If you fail to submit adequate proof of compliance by the deadline, you will be assessed a $103 penalty for late compliance, and you will receive a Non-Compliance Notice that gives you 60 days to comply. If you do not submit adequate proof of compliance and pay the late fee within that time period, you will be placed on Not Eligible to Practice status until you submit the required proof of compliance, pay the $103 non-compliance fee, and pay an additional $308 reinstatement fee.
I can’t find all of my certificates. What can I do?
If you are unable to locate your certificates or proof of course completion, please contact your provider immediately to request a copy of the attendance certificate or a printout. Many providers are happy to assist. However, please note that California MCLE course providers are not required to issue replacement certificates. The State Bar only mandates that they provide the original certificate received upon course completion.
When completing the Live Scan form, are you required to provide the same name that you have on record to the State Bar?
While not required, it is recommended to provide the same name to avoid delays in processing time.
How often do I need to be fingerprinted?
For most attorneys, only once. However, if your fingerprints are rejected by the DOJ and/or the FBI you may be required to resubmit them. The State Bar will notify you if your fingerprints are rejected. The rejection notice will include instructions for resubmitting your fingerprints. The State Bar will update your My State Bar Profile indicating that your fingerprints were rejected. In addition, if an attorney is disbarred or resigns from the State Bar and later seeks re-admission, the attorney will need to be fingerprinted again.
I was already fingerprinted for another reason (i.e., as a notary, as an employee in the public sector). This means the DOJ already has my fingerprints. Do I still need to be fingerprinted?
Yes. It is a DOJ policy to limit disclosure of fingerprint records to the contractual agreement specific to the requesting agency. Fingerprints are not transferable from one agency to another.
Which non-California attorneys are permitted to practice under the MJP rules?
Attorneys working for a qualified legal services provider and under the supervision of a California attorney working for the same provider (rule 9.45); attorneys working as in-house counsel for a qualifying institution (rule 9.46); attorneys practicing law temporarily in California as part of litigation (rule 9.47); and non-litigating attorneys temporarily in California to provide legal services (rule 9.48).
What happens to an attorney after charges are filed against them in State Bar Court?
The accused attorney must file an answer, or risk a default judgment and involuntary enrollment as an inactive State Bar member pending the outcome of the case. The clerks in State Bar Court schedule a status conference (a meeting of all parties), to be held within 45 days after the complaint is filed. The next step depends on the individual case. There could be additional status conferences, settlement conferences, or simply the trial date.
What are the ratings?
The definition of the ratings of judicial candidates to be used by the commission in reporting to the Governor's office are:
Definition of Ratings - vary by candidate type:
Candidates for the Superior Court:
Exceptionally Well Qualified: Possessing qualities and attributes of remarkable or extraordinary superiority that enable them to perform the judicial function with distinction.
Well Qualified: Possessing qualities and attributes indicative of a superior fitness to perform the judicial function with a high degree of skill and effectiveness.
Qualified: Possessing qualities and attributes sufficient to perform the judicial function adequately and satisfactorily.
Not Qualified: Possessing less than the minimum qualities and attributes.
Candidates for the Court of Appeal or the Supreme Court:
Exceptionally Well Qualified: Possessing qualities and attributes of remarkable or extraordinary superiority that enable them to perform the appellate judicial function with distinction.
Well Qualified: Possessing qualities and attributes indicative of a superior fitness to perform the appellate judicial function with a high degree of skill, effectiveness, and distinction.
Qualified: Possessing qualities and attributes sufficient to perform the appellate judicial function with a high degree of skill and effectiveness.
Not Qualified: Possessing less than the minimum qualities and attributes.
Superior Court candidates are expected to have the qualities of decisiveness, oral communication skills, and patience.
Court of Appeal candidates are expected to have the qualities of collegiality, writing ability, and scholarship.
Supreme Court candidates are expected to have the qualities of collegiality, writing ability, scholarship, distinction in the profession, and breadth and depth of experience.
Must I work full-time to be exempt?
No. Part-time employees can be exempt as long as they are permanent or probationary employees who do not otherwise practice law. The words "those employed full-time ... who do not otherwise practice law" in sections 2.54(A)(3) and 2.54(A)(4) refer to employees "employed on a permanent or probationary basis, regardless of their working hours, who do not practice law in California" except as employees of the State of California or the United States government.
What is the difference between participatory and self-study?
The MCLE rules specify that some types of activities qualify only for self-study credit. Other kinds of activities can qualify for either participatory or self-study credit, depending on whether or not the member participated in the particular activity is verified by a provider.
If a provider verifies your "participation," an activity is "participatory." Provider verification consists of ALL the following:
the provider has you sign in at the time of the activity (electronic sign-in is acceptable)
the provider keeps a list of those who signed in
the provider issues a certificate of attendance to attendees
Online courses, CD ROM-based courses, and some tape-based courses can count for participatory credit if they are verified by an approved provider. If unsure, contact the individual provider to verify that the program has been approved for participatory credit. To confirm a tape or other self-study activity is still current, contact the provider.
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.
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