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Common questions

How do I file a complaint against my lawyer or a lawyer referral service?

If you believe your lawyer has done something wrong, you can file a complaint with the State Bar. Complaints may be submitted online or by mail. If you have questions or need assistance in completing the form, call the State Bar’s Attorney Complaint Hotline at 800-843-9053. For more information on reporting a lawyer to the State Bar and handling other problems, read the legal guide If You Have a Problem with an Attorney.

If you have a complaint about a certified or uncertified LRS, you can file a complaint against the service with the State Bar. In order to promote public protection, the State Bar will review your complaint to determine if the LRS has violated Business and Professions Code Section 6155 and State Bar Rules.

For more information on certified lawyer referral services, contact LRS@calbar.ca.gov.

When are the annual fees due?


The due date is by March 30, or the next business day if that date falls on a weekend or holiday, each year during the annual license renewal process. The 2025 annual deadline is April 1, 2025. If you miss the deadline, you will be charged a penalty ($103 for active attorneys, $31 for inactive attorneys).

What activities qualify for general MCLE credit?

Activities that qualify for general MCLE credit must: (1) relate to legal subjects that are directly relevant to California attorneys, and (2) offer current, significant educational, professional, or practical content with the specific objective of increasing each participant’s professional competency as an attorney. Programs created primarily for nonattorney audiences (for example, general public, clients, or business staff) do not qualify and will not be approved for general MCLE credit. More on Standards for MCLE activity Approval.

What is IOLTA?

IOLTA stands for Interest on Lawyers’ Trust Accounts. Attorneys deposit client funds that they plan to hold briefly, or that are too small to earn interest for the client, into larger shared accounts. Over 73,000 attorneys make deposits in approximately 49,000 IOLTA accounts in California. As of September 2019, IOLTA accounts hold nearly $5 billion. Any interest earned on these accounts is paid by financial institutions to the State Bar, which in turn distributes those funds as grants to qualified nonprofit civil legal organizations throughout the state.

Refer to the State Bar’s IOLTA FAQ page for more information.

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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.

The State Bar's pamphlet, "If You Have a Problem with an Attorney," may be helpful in deciding whether to file a complaint.

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.

How do I obtain a Certificate of Standing?

A Certificate of Standing must be ordered online. Certificates of Standing are not provided by fax or email and are typically sent out within 3–4 business days of receipt of request (regardless of shipping method selected). Order a Certificate of Standing.

What address should I use as my address of record for State Bar purposes?

The office address of the attorney's employer (qualifying institution for in-house counsel and qualifying legal services provider for legal services attorney) will be considered your address of record. If your current employer changes its address, you must submit a written notice to:

Office of Admissions (MJP)
The State Bar of California
845 S. Figueroa St.
Los Angeles, CA 90017-2515

or

e-mail: mjp@calbar.ca.gov within 30 days of the change.

If your address change is due to new employment, you must submit a Change of Employment Form for registration with the State Bar.

MJP attorneys are not allowed to practice law with other institutions without registration by the State Bar.

Which institutions do not qualify under rule 9.46?

Governmental entities and entities that provide legal services to others do not qualify.

What happens if I change employers?

You must submit a Change of Employment Form if you wish to continue to practice law in California as in-house counsel.

If I have been disciplined by an attorney regulatory or other regulatory agency, does my disciplinary history affect my eligibility?

No. Notwithstanding a prior disciplinary history, if you are currently licensed and entitled to practice law, you may register as in-house counsel. However, a record of discipline could lead to an adverse moral character determination depending on the nature of the circumstances leading to the imposition of discipline, the nature and amount of rehabilitation that has taken place, and the length of time since the events that led to discipline. For more information, go to the page that discusses Moral Character

Who may act as my supervising attorney?

An active licensed attorney in good standing of the California bar who has practiced law as a full-time occupation for at least four years, and has actively practiced law in California as a full-time occupation for at least the two years immediately preceding the time of supervision. See rule 9.45 for additional requirements.

What address should MJP attorneys use as their address of record for State Bar purposes?

The office address of the attorney's employer (qualifying institution for in-house counsel and legal services attorney) will be considered your address of record. If your current employer changes its address, you must submit a written notice to:

Office of Admissions (MJP)
The State Bar of California
845 S. Figueroa St.
Los Angeles, CA 90017-2515

or

e-mail: mjp@calbar.ca.gov within 30 days of the change.

If your address change is due to new employment, you must submit a Change of Employment Form to the State Bar's Office of Admissions.

MJP attorneys are not allowed to practice law with other institutions without registration by the State Bar.

Am I allowed to make court appearances in California?

No. You are not permitted to make court appearances in California state courts or engage in any other activities for which pro hac vice admission is required. The only exception is if you are also registered as a legal services attorney and provide legal services in accordance with that rule.

Am I eligible if I have resigned with charges pending, or been disbarred or suspended from the practice of law in any other jurisdiction?

No.

Is it possible for me to access my most recently submitted State Bar registration, California Bar Examination application and/or Moral Character Determination application?

Yes.

Applications can be reviewed in the prior Admissions system by accessing the following link: https://www.nationalapplicationcenter.com/ and by using the old CalBarXAP.com credentials log-in for up to 2 years from 2/28/2019. Applications may be printed for informational purposes only and no edits can be made.

Can I obtain a copy of the DOJ/FBI criminal offender record information sent to the State Bar?

The State Bar is unable to provide you with a copy of confidential information received from the Department of Justice. Only those authorized entities or persons authorized by statute may obtain access to DOJ records. If you would like to request a copy of a DOJ record relating to yourself, you must request that records from the DOJ pursuant to procedures set forth in the California Penal Code. See Ca. Penal Code sections 11122-11123.

If my employer is offering to provide Live Scan services and cover the cost, will my employer be receiving my criminal offender record information as a result of the fingerprinting?

Your employer will not receive information regarding criminal history as a result of submitting your fingerprints. The State Bar will be the only entity receiving your information once you submit your fingerprints using the pre-populated Live Scan form obtained from your My State Bar Profile or a State Bar authorized fingerprint card. The State Bar is prohibited from sharing your criminal offender record information with outside entities.

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 do I know if I need to be re-fingerprinted?

Almost all active attorneys will need to be re-fingerprinted. The only exceptions are:

(1) attorneys for whom the State Bar has hard copy fingerprint cards. (Due to the State Bar’s previous retention policy of destroying fingerprint cards after 3 years, this applies only to a limited number of attorneys who applied from admission from outside California on or after July 1, 2014.)

and;

(2) attorneys who applied to the State Bar after July 1, 2017.

Your My State Bar Profile will indicate if you are required to be fingerprinted.

I was already fingerprinted when I applied for admission to the State Bar, so the State Bar should have my fingerprints. Why can't the State Bar just use those fingerprints to obtain my criminal record information?

The State Bar is not in possession of the majority of attorney fingerprints. As part of the moral character review process, applicants provide the State Bar with fingerprint cards or fingerprints are submitted electronically directly to the DOJ. A contract with the DOJ is required in order for the State Bar to receive subsequent notification of arrests and conviction information from the DOJ for attorneys admitted to the State Bar or multijurisdictional practitioners. The State Bar entered into this contract on July 1, 2017. As a result, the vast majority of attorneys will need to be re-fingerprinted.

A Subsequent Arrest Notification (SAN) services contract between the State Bar and the DOJ was finalized on June 28, 2017, effective July 1, 2017, to address the error of not securing SAN services on all persons admitted to the State Bar. Due to DOJ policies, the SAN services cannot be applied retroactively. Accordingly, the Supreme Court of California is requiring the resubmission of attorney fingerprints to the DOJ.

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).

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