What is the difference between arbitration and mediation?
Both arbitration and mediation involve a neutral third party. In arbitration, the arbitrator hears evidence and arguments, and then issues a decision that may be binding or nonbinding. In mediation, the mediator helps the parties reach their own voluntary agreement.
Can my attorney require me to participate in fee mediation?
No. Both sides must agree to mediation. The State Bar will notify the opposing party if mediation is requested.
What is the deadline for requesting fee arbitration and mediation?
If you received a Notice of Client’s Right to Fee Arbitration form from the attorney, you have 30 days from the date you received it to submit your arbitration request form to the program. You must also submit your arbitration request if you first wish to mediate the fee dispute.
If you do not file the request form within 30 days of receiving the notice, you will lose your right to arbitrate your fee dispute. A telephone call or letter to the program requesting arbitration will not protect that right. You must be sure that the request form is complete and submitted with any required filing fee.
If the attorney has already filed a lawsuit against you for unpaid fees, you may elect either to respond to the lawsuit or request fee arbitration. If you file a response to the lawsuit, you will lose your right to arbitrate the fee dispute. If you request arbitration, the lawsuit will be stayed, but you should file the appropriate notice of automatic stay with the court. To preserve your right to arbitrate, you should file a request for arbitration promptly.
Your request for mediation is part of the State Bar request for arbitration, so it will follow the same timelines listed above.
If I think an attorney has engaged in misconduct or malpractice, will fee mediation help me?
No. The mediator will not decide any issues related to attorney misconduct and/or malpractice and has no authority to make any determinations regarding the attorney’s conduct or 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 and mediate 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.
If you think you have a separate claim for legal malpractice, you should seek legal counsel.
May I ask for fee mediation if I want a refund of fees I have already paid to an attorney?
If you are seeking a refund of attorney’s fees that you have already paid, you may request fee mediation as a preliminary option along with arbitration as long as you are still within the legal time limit for filing a lawsuit about the fee dispute. To preserve your right to arbitrate, and to potentially mediate a fee dispute, you should file a request for arbitration promptly.
How do I request fee mediation?
For disputes filed with the State Bar, simply check the box agreeing to mediate on the request for fee arbitration form. Some local bar associations offer fee mediation in addition to fee arbitration. Find local fee arbitration programs.
Can an attorney refuse to mediate a disputed fee?
Yes. Mediation is voluntary and either side can decline to mediate. All parties must agree for a mediation to go forward.
What happens at a fee mediation?
Mediations will take place by videoconference. Usually, the parties are in separate areas to start but may be brought together later in the process. The mediator will typically meet separately with one party, and then the other, to understand their perspectives and to identify areas of potential agreement. This “shuttle diplomacy” will take place until an agreement is reached, or until it is clear to the mediator that it is not possible for the parties to reach an agreement. If an agreement is reached, it will be memorialized in a writing called a settlement agreement.
You may be represented by an attorney, but it is not required. You can arrange for an interpreter to attend the mediation with you.
The mediation is confidential. This means that nothing said in a mediation can be used as evidence in any later proceeding by any party at the mediation.
Should I agree to mediation?
The decision to agree to mediate is entirely up to you, but the attorney will also have to agree in order for the mediation to occur.
How does the Fee Mediation Program work?
If the dispute is eligible to be filed with the State Bar for fee arbitration, you will have the option of agreeing to mediation as part of the request for arbitration. Some local bars also offer fee mediation, but most local programs only offer fee arbitration.
When you complete the Request for Arbitration with the State Bar, you will be asked to indicate whether you are interested in mediating the fee dispute. Once your request is accepted, including receipt of payment of the applicable fee arbitration filing fee, the State Bar will serve your request to the opposing party. As part of the opposing party’s written reply to the request, they will indicate whether they agree to mediate the fee dispute prior to arbitration.
If both parties agree to mediation, a mediator will be assigned to help you and attorney try to reach a settlement of your dispute, and you will receive further instructions at that time.
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.
Do I have to disclose a prospective place of employment that has not hired me?
No; however, if you obtain new employment while your moral character application is pending or after you have received a positive moral character determination, but before you take the attorney’s oath, you must provide the new employment information to the State Bar within 30 days.
How long must I have resided at a particular location for the residence to be reportable on the moral character application?
You must disclose all residences for the past three years, regardless of how long you resided at the location.
How do I upload my Live Scan Form after I submit my application?
Post the completed Live Scan Form to your moral character case feed. Do not submit the Live Scan Form as a General Request or as a Fingerprint Request, or there may be a delay in processing.
1.4 What is the deadline for CTAPP reporting?
The CTAPP reporting deadline is the same as the licensee’s deadline for paying their license fees (Rule 2.5(C) of the Rules of the State Bar). The annual renewal cycle deadline is March 30. This is also the deadline for other requirements (e.g., MCLE compliance, etc.). (Rule 2.11 of the Rules of the State Bar.) For new attorneys, the deadline is 45 days from the invoice date for their fees (Rule 2.12 of the Rules of the State Bar).
2.7 I’m not involved with the firm’s client trust accounting; why do I have to report on client trust accounts?
If a lawyer is a signatory on a trust account, exercises managerial or primary administrative oversight for a trust account, or is otherwise responsible for complying with any of the requirements or prohibitions in rule 1.15 of the Rules of Professional Conduct—other than the disclosure and agreement requirements in rule 1.15(b) pertaining to depositing a flat fee paid in advance into a lawyer’s or law firm’s operating account—the lawyer is responsible for those funds. The lawyer remains responsible even if other lawyers are also responsible for the safekeeping of funds. The lawyer is ultimately responsible even if nonlawyers are assigned certain accounting tasks for those funds; for example, bookkeeping and banking related to client trust accounts. (See Rules Prof. Conduct, rule 5.3.)
Accounting and recordkeeping activities are only one part of a lawyer’s duties to properly handle entrusted funds. Other duties include, for example, the responsibility for giving notice to the client or other person that funds were received on behalf of the client or other person and identifying and resolving disputes about entitlement to trust funds. These duties ordinarily are not the job of a firm’s bookkeeper. All of these responsibilities are considered nondelegable duties. The proactive regulation, reporting, and monitoring of CTAPP are intended to promote a lawyer’s compliance and prevent avoidable financial harm to clients. The only aspect of CTAPP reporting that can be fulfilled by the lawyer’s firm is the annual registration of client trust accounts by a firm or organization that is registered with the State Bar’s Agency Billing platform.
3.1.1 What does “responsible for complying with any of the requirements or prohibitions governing the safekeeping of funds of clients and other persons under rule 1.15 of the California Rules of Professional Conduct” mean?
A licensee is “responsible for client funds and funds entrusted by others under the provisions of rule 1.15 of the Rules of Professional Conduct” within the meaning of this rule if, at any point during the reporting period, they acted as a signatory on a trust account—even if there was no money in the account, exercised managerial or primary administrative oversight for a trust account, or were otherwise responsible for complying with any of the requirements or prohibitions in rule 1.15 of the Rules of Professional Conduct—other than the disclosure and agreement requirements in rule 1.15(b) pertaining to depositing a flat fee paid in advance into a lawyer’s or law firm’s operating account. The requirements and prohibitions in rule 1.15 are not limited to banking and recordkeeping duties and include, for example, the responsibility for giving notice to the client or other person that funds were received on behalf of the client or other person and the duty to identify and discharge liens.
Lawyers who were responsible for entrusted funds in the reporting period must also register, or have their firm register through the State Bar’s Agency Billing application, all client trust accounts, take a self-assessment of client trust account management practices, and certify their compliance with requirements of rule 1.15 of the Rules of Professional Conduct.
3.3.4 How do I disassociate a client trust account?
If you need to disassociate a client trust account that is no longer active or held by a firm by which you are no longer employed or in practice with, you should:
Log in to your My State Bar Profile.
Navigate to the CTAPP reporting section.
Locate the account you wish to disassociate in your list of accounts.
Click on the plus sign (+) on the right-hand side of the screen to expand options.
Select the “Update Connection” tab on the account details pop-up.
Change the “Connection to Attorney” to “Disassociated/Added in Error.”
You will need to provide a disassociation reason and a disassociation effective date.
If you are reporting a disassociation effective date more than 30 days after the disassociation date, the system will prompt you for a reason why you are reporting it after the 30-day update deadline. At this time, there is no penalty for noncompliance with the 30-day update requirement. Answering this question truthfully will not result in an increased likelihood of a CTAPP compliance review or investigatory audit. The State Bar’s current focus is on gathering accurate information, educating licensees about their trust account responsibilities (including the 30-day update requirement), and improving overall compliance. There is a 50-character limit on this field.
Click the “Save” button.
This process removes the account from your profile for future reporting periods but maintains the historical record as required.
4.3 How do I report IOLTA accounts outside of California?
In general, under rule 1.15(a) of the Rules of Professional Conduct, a licensee’s trust accounts must be maintained in California, or, with the written consent of the client, in another jurisdiction where there is a substantial relationship between the client or the client’s business and that other jurisdiction. Therefore, if licensees are entitled to hold IOLTA accounts outside of California, they will need to register those accounts as non-CA IOLTA accounts by selecting “Add Account” in My State Bar Profile, or, if using the Agency Billing application, selecting “Manage Accounts.”
What are some examples of pro bono legal services?
Pro bono opportunities vary depending on the needs of the client community. Examples of pro bono legal services to indigent clients may include, but are not limited to:
Representation (full or limited scope)
Negotiation and settlement
Screening and intake
Brief service by phone or in person
Legal information or “Know Your Rights” workshops
Document preparation and review
Legal research and writing
Litigation support
Legislative research and legal analysis
How long will it take for my LOS application to be processed?
Generally, the State Bar will process your LOS application within two to three weeks of receipt if you submit a complete and accurate application.
Incomplete applications will take longer to process. If your application is deemed incomplete, you will have 60 days from the date of the incomplete notice to provide the missing information or documentation. If your application is not deemed complete within this period, your application will be abandoned without a refund of any fees paid.
Do I have to take the First-Year Law Students’ Exam (FYLSX) if I complete my legal studies through the LOS Program?
All students in the LOS Program are required to take and pass the FYLSX after completing their first year of study, unless you establish an exemption, as specified in rule 4.55(A) of the Rules of the State Bar.
You must take and pass the FYLSX within the first three consecutive administrations of first becoming eligible to receive credit for your law study completed to date. If you fail to take or pass it after the first three consecutive administrations of first becoming eligible to take the exam, upon passage, you will only receive credit for your first year of legal studies.
If you completed law study at an accredited or registered law school prior to beginning the LOS Program, you are required to provide official, sealed law school transcripts. The Office of Admissions will evaluate your prior completed law study to determine if you are exempt from the FYLSX. In addition, the Office of Admissions will advise how much credit has been recognized for the prior law school study and let you know how much more study you need to complete in the LOS Program to qualify for the California Bar Exam.
I have tried the troubleshooting options provided but I’m still experiencing issues. Is there someone who can help me?
If you are still experiencing issues, send an email to elearning@calbar.ca.gov. In your email, please include the following information:
Name
Bar Number
Course you are experiencing issues with
Screen title (if applicable)
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