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.
Can my attorney require me to participate in mandatory fee arbitration?
The program is generally designed for a client to be able to require their attorney to participate in fee arbitration. However, an attorney may require the client to participate if the client and attorney have a signed agreement to submit fee disputes to a mandatory fee arbitration program. In general, binding arbitration agreements are not enforceable if they were entered into before the dispute arose.
How does the program work?
If an attorney claims you owe an outstanding balance of fees or costs, they must provide to you a “Notice of Client’s Right to Fee Arbitration” form approved by the State Bar before or at the time of filing a lawsuit, or other proceeding to collect the amount. You will then have the option of asking for mandatory fee arbitration with the appropriate local bar association program within 30 days of receiving that notice, or with the State Bar if the appropriate local bar association does not offer mandatory fee arbitration. If you fail to request mandatory fee arbitration within 30 days, you will have waived your right to arbitration, and the attorney may take legal action to collect the fees or costs.
After you submit a request for arbitration form and filing fee to the appropriate program, the attorney can respond to your request. A neutral arbitrator, or a panel of three arbitrators, depending on the amount in dispute, will be assigned to listen to both you and the attorney, and decide the appropriate fees. The arbitrator may decide that you paid the attorney more than is appropriate, and you may be awarded a refund of attorney’s fees or costs already paid.
The arbitrator may also decide that you must pay the attorney unpaid fees, or that neither of you owe anything further. In no event will an arbitrator order you to pay more than what you agreed to in your fee agreement.
What kinds of violations typically result in disbarment and other levels of discipline?
Each case is different. Most disbarred attorneys fall into one of two categories: (1) They committed a very serious violation, such as perjury or stealing client funds, or (2) they have a history of misconduct.
Reproval, either public or private, usually is reserved for first-time offenders whose misconduct falls on the low end of the scale.
For example, abandoning one client might lead to a private reproval or remedial action, such as Ethics School. Abandoning 12 clients, however, would likely result in much more serious discipline.
An attorney is placed on probation so that his or her conduct in the practice of law can be monitored—much like supervised probation in the criminal justice system.
Occasionally, another practicing attorney—serving as a probation monitor—meets with the disciplined attorney. The disciplined attorney then files regular reports and could be required to meet special conditions during the probationary period. Most conditions of probation are monitored by the Probation Unit.
May I provide personal or individual representation to anyone other than through my employer?
No. You must practice law exclusively on behalf of the qualifying legal services provider (with the exception that you may practice simultaneously as registered in-house counsel).
May an attorney who has complied with SB 94 accept payment for loan modification services he or she has provided if the lending institution denies the modification or forbearance?
Yes. SB 94 does not mandate that an attorney’s entitlement to a fee is contingent on a lending institution’s agreement to grant a modification or forbearance. An attorney may accept payment once he or she has completed all loan modification services he or she contracted to perform.
What will be decided in the fee arbitration?
The issues to be decided in the fee arbitration are limited. The arbitrator will decide the amount of fees and costs, if any, you owe the lawyer or whether you should receive a refund from the lawyer.
What if the fee agreement does not comply with the law?
If the fee agreement fails to comply with the law, you may "void" or reject it, but the lawyer may still be entitled to receive a reasonable fee. So, as discussed below, you must still be prepared to present a case to the arbitrator with the specific reasons why you believe the fee charged is not reasonable. You may present evidence of what a reasonable fee should be
How formal is the hearing?
The arbitration hearing is typically informal, although evidence is usually taken under oath. Arbitration hearings may be held in a conference room in the arbitrator's office or at the bar association. Generally, only the arbitrator, you, the lawyer, and maybe witnesses will be in the room. You do not need to be represented by a lawyer. However, you may choose to have a lawyer represent you if you wish.
What types of legal education providers are approved in California?
There are two types of approved providers in California: Single Activity Providers and Multiple Activity Providers. A Single Activity Provider (SAP) is an organization approved to hold and grant Minimum Continuing Legal Education (MCLE) or Legal Specialty Minimum Continuing Legal Education (LSMCLE) credit for a single MCLE or LSMCLE activity for a period of two years from the date of the activity, provided that no substantive changes are made to the program. A SAP must apply for and receive approval of the activity in accordance with the State Bar’s procedures and pay applicable fee(s). More on becoming a Single Activity Provider
A Multiple Activity Provider (MAP) is an organization approved to hold and grant credit for any MCLE or LSMCLE activity for two years after applying for and receiving approval of MAP status in accordance with State Bar procedures and paying the applicable fee(s). Providers approved for MAP status do not have to submit separate applications to request approval for each program offered. More on becoming a Multiple Activity Provider
I know that the lawyer’s conduct was already reported to the State Bar. Do I still need to report?
Yes, there is no exception in rule 8.3 for when a lawyer knows that a complaint was already filed with the State Bar, concerning the same conduct.
What is a Dashboard? How can I use it?
The dashboard provides a bird’s-eye view of your course availability and completion. The dashboard presents:
New courses that have been launched recently.
Messages: Check this section for important messages from the site administrator.
I just completed a course but the course does not appear on the Completed tab in the “Overall Course Credit Report.”
Although your Dashboard and Learning page update course completion in real-time, the LMS does not update completion progress for the system reports in real-time. The update of the reports will likely appear in your account the day following completion.
What does it mean to appear as counsel pro hac vice (PHV)?
An out-of-state attorney, who is in good standing in their jurisdiction, and does not live, work, or conduct regular business in California can request permission from a California state court (superior court, Court of Appeal, or Supreme Court) to represent their client as counsel pro hac vice, which is a Latin term meaning "for this occasion." PHV is approved for a particular case, and an active licensee of the State Bar of California must be associated as attorney of record for the case. Please refer to rule 9.40 of the California Rules of Court.
Does the State Bar of California accept PHV renewal applications and fees?
No. All documentation and fees related to a PHV renewal must be submitted to the court and not the State Bar of California. Please contact the court if you have questions regarding PHV renewals.
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