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.
I reside out of state but decided to travel to California to be fingerprinted using a California Live Scan service. However, I was sent a rejection notice regarding my Live Scan fingerprints. What should I do?
You have two options: (1) You can return to California and follow the instructions for being re-fingerprinted by a Live Scan vendor using the same OATI number; OR (2) You can order fingerprint cards and follow the instructions for out-of-state attorneys or out-of-country attorneys.
Where can I find information about client trust accounts?
Who is responsible for the oversight of the IOLTA program?
The IOLTA Program is a department within the State Bar of California that administers IOLTA accounts, as well as two other sources of funding for free civil legal aid to low-income and indigent people: the California Equal Access Fund and the Greg E. Knoll Justice Gap Fund.
The State Bar initiated the IOLTA Program due to the lack of resources available for indigent clients who are in need of civil legal services. The substantial amount of money the program generates makes it possible for hundreds of thousands of these people to get the legal help that they need every year.
A 21-member Legal Services Trust Fund Commission appointed by the State Bar's Board of Trustees and the Chief Justice (on behalf of the Judicial Council of California) oversees the Trust Fund Program. Two-thirds of the commission members are attorneys and one-third are public members.
At least two of the 21 members must be "indigent persons" as defined by law. Three judges serve as non-voting advisors to the commission.
The Commission determines the eligibility of programs applying for funding, reviews recipients' budgets for compliance with the law, and monitors and evaluates the activities of programs receiving Trust Fund Program grants.
I purchased a CLE package. Do I need to list every course on the summary log?
Yes. You must enter each course included in the package into the online summary log and provide a copy of any proof of completion it may have included (for example, a log and witness statement, if the MCLE bundle include them.)
We are dissolving our LLP, how do we terminate our Certificate of Registration with the State Bar?
In order to voluntarily terminate the LLP's Certificate of Registration with the State Bar, you must submit an original certified copy of the Secretary of State's LLP-4 form (including the blue and white cover sheet with red date stamp), showing that the entity ceases to exist as a limited liability partnership. Pursuant to 9.0 of the State Bar's LLP Rules and Regulations, the termination shall be effective as of the date the LLP is dissolved by the Secretary of State.
Do I lose my exemption if I do work "outside the scope of my employment?"
Yes. You lose your exemption for the entire compliance period, with the exception of "qualified" pro bono work (see details below).
Full-time employees of the State of California or the United States government are exempt under 2.54(A)(3) and 2.54(A)(4) only if the sole legal work done by the attorneys is within the scope of their employment.
If these attorneys engage in any legal activity outside the scope of their employment, including pro bono work (see below for exception) or legal work for the attorney personally, close friends or immediate family (such as drafting a will for a relative, reviewing a contract for a non-profit association of which the attorney is a member and giving advice respecting it, they are not covered by the exemption of section 2.54(A)(3) and 2.54(A)(4) and must comply with the full MCLE requirements.
I was exempt during the compliance period. Do I still have to respond to the audit?
If you claimed exempt status for any portion of the compliance period, please complete the MCLE Online Summary Log by selecting “Yes” in the Exempt box and provide a letter from all of your supervisors confirming your titles and dates of employment relative to the MCLE compliance period along with the MCLE Audit Submission Cover Sheet by the deadline. If you also have a proportional requirement you should submit the necessary number of certificates.
What are the requirements of OSAAC?
Section 1282.4 of the California Code of Civil Procedure details the prerequisites of an OSAAC appearance. Generally, an out-of state attorney may apply to become an OSAAC if he/she is not a resident of the State of California and is a member in good standing in the jurisdiction to which he/she has been admitted. The out-of-state attorney must provide the name and address of the California attorney of record and to disclose the title of the court in which the out-of-state attorney has applied to appear pro hac vice and OSAAC within the preceding two years. The out-of-state must file a Certificate with the arbitral panel and serve a copy on the State Bar of California. The State Bar is considered the custodian of records for OSAAC applications and does not approve or disapprove the OSAAC certificates. Approval of the certificate is determined by the arbitrator or arbitral panel to which the application is being made.
May I provide personal or individual representation to anyone other than through my employer?
No. You may provide legal services only to your employer. You are not permitted to provide personal or individual representation to any customers, shareholders, owners, partners, officers, employees, servants, or agents of your employer.
What activities count as participatory credit?
An education activity is participatory if a provider verifies the "participation." Provider verification consists of the following:
the provider has the attorney sign in at the time of the activity (electronic sign-in is acceptable),
the provider keeps a list of those who sign in, and
the provider issues a certificate of attendance to attendees
Online courses, and some CD- and tape-based courses can count for participatory credit if they are verified by an approved provider. Contact the individual provider to verify that the program has been approved for participatory credit.
What is the role of the JNE Commission?
The role of the JNE Commission is to gather information about the candidates and to conduct a confidential evaluation of the judicial qualifications of candidates whose names have been submitted to the commission by the Governor and to report its findings, in absolute confidence, to the Governor.
The commission, in evaluating candidates, functions independently of the Board of Trustees of the State Bar. Board liaison attend the commission meetings periodically but do not participate in discussions, express opinions, or vote, and are bound by the same rules of confidentiality as commission members.
Does SB 94 apply to an attorney who has been employed to enforce an existing loan modification agreement?
No. SB 94 applies only to employment contracts which are entered into for the purpose of obtaining a loan modification or forbearance for a borrower.
Does SB 94 apply to contracts or fee agreements entered into prior to October 11, 2009?
No. The law is not retroactive. Advanced fees paid to an attorney prior to October 11, 2009 are not affected by SB 94.
What if a written fee agreement was required but there isn't one?
If the lawyer did not use a written fee agreement, but was required to by law, the arbitrator will consider the terms of any oral agreement and whether they were reasonable. For example, if you orally agreed to pay the lawyer $300 per hour, but the arbitrator believes that $300 is not reasonable, the arbitrator may assess a reduced hourly fee. Or, if you orally agreed to a minimum fee per telephone call, even if the actual time spent on the call was less, and the arbitrator believes this is a reasonable practice, those charges will be enforced.
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