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.
Will I be notified after the California DOJ has conducted my background check?
The State Bar will not be informing attorneys when their fingerprinting results have been received by the State Bar. Rather, attorneys are advised when they are in compliance with California Rule of Court 9.9.5 and that their fingerprints have been successfully submitted to the DOJ. The State Bar cannot advise on how long an initial background check takes, as this may vary. Additionally, since the process is an ongoing one entailing subsequent notifications from the DOJ in the future, the State Bar cannot advise an attorney that a background check is “complete.”
Criminal information reports received by the State Bar from the DOJ are required to be kept confidential. If you would like to request a copy of a DOJ record relating to yourself, you must request that record from the DOJ pursuant to procedures set forth in the California Penal Code. See Ca. Penal Code sections 11122-11123.
How do I ensure my fingerprints are successfully processed by the Live Scan vendor?
Review the Live Scan Form Check List attached to your prepopulated Live Scan form that you obtained via your My State Bar profile. When completing the form you must write in the following: sex, height, weight, eye color, hair color, place of birth, social security and address. You may need to write in any additional middle names. Please contact the State Bar, if your personal information is inaccurate. The form is prepopulated with specific codes required by the DOJ.
It is important to verify with the Live Scan vendor to prevent the rejection of your fingerprints. Review the cover page and Live Scan form with your Live Scan technician. Confirm technician has accurately entered the information into the Live Scan program.
If I live outside of California, can I travel to California to submit my fingerprints through a Live Scan vendor?
Yes. Attorneys residing outside of California can choose to travel to California to submit fingerprints through a California Live Scan vendor in lieu of submitting fingerprint cards. All attorneys impacted by the fingerprinting rule can download a prepopulated Live Scan form on their My State Bar profile. However, in the event an attorney’s Live Scan fingerprints are rejected by the DOJ and/or FBI, the attorney must return to a Live Scan vendor in California to resubmit their fingerprints without new processing charges. If the attorney chooses not to return to a California Live Scan vendor, they must be fingerprinted using a fingerprint card, which will incur additional costs.
I am no longer eligible to practice in California. Do I need to satisfy the fingerprinting rule requirements?
No. Currently, you are not required to take any action. If and when you are reinstated to active status, you will be required to satisfy the fingerprinting rule requirements. If you are reinstated to inactive status, you are not required to take any action. However, prior to transitioning from inactive status, you will be required to satisfy the fingerprinting rule requirements.
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
How long is the evaluation process?
The commission has to report to the Governor within 90 days from the date of submission of the names of the candidates.
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.
May attorneys who provide a borrower loan modification or other forbearance services agree with the borrower that the services requested will be broken down into component parts and that a fee for each component part will be earned and collected as each part is completed?
If an attorney has been employed by a borrower to assist the borrower in obtaining a loan modification or forbearance, then the answer is “no.” It is a violation of SB 94 to attempt to obtain a payment for any portion of the services contracted for in pursuit of the modification or forbearance prior to the completion of all the services required by the employment contract.
Are we allowed to settle the fee dispute before the arbitration hearing?
Yes. Parties are encouraged to discuss the dispute prior to arbitration and to try to settle it informally. Fee disputes sometimes occur because the lawyer and client have stopped communicating with each other. Sometimes, discussing the dispute may lead to early settlement. Some fee arbitration programs will refund a portion of the arbitration filing fee if the dispute is settled early in the process. Check the rules of the program you are using.
What does the arbitrator expect from the parties?
The arbitrator will expect the parties to be fully prepared to explain and support their positions on the value of the lawyer's services and to have all 2 Rev.4/7/2021 documents and witnesses organized and ready at the hearing. The arbitrator will not expect you to act like a lawyer, but they will expect your case to be presented in an organized and efficient manner. If you have documents to submit, provide copies to the arbitrator and the attorney whose fees you are disputing before the hearing.
Will the arbitrator ask questions?
The arbitrator may ask questions at any time. Sometimes the arbitrator will ask questions while you or the lawyer are presenting your case if clarification is needed.
Why is rule 8.3 important?
Lawyers are often in the best position to know if another lawyer is not fulfilling their ethical obligations and violating the Rules of Professional Conduct. Reporting another lawyer’s possible misconduct assists the State Bar to protect the public, the courts, and the legal profession from lawyer harm; helps to maintain the integrity of the legal system; and furthers public trust in the legal profession.
What if I am not sure whether I have a duty to report misconduct under rule 8.3?
If you are not sure whether you have a duty to report misconduct under rule 8.3, you may consult with another lawyer. See rule 8.3, comment [2]. A lawyer may, but is not required to, report any other violation of the Rules of Professional Conduct or the State Bar Act that is not required to be reported under rule 8.3. See rule 8.3(b), comment [4].
What is a learning page?
The Learning Page organizes the courses under two tabs: To-Do and Completed. The To-Do tab lists courses that are in-progress or that you have not started. The Completed tab lists courses that you have completed.
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