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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.
No. Both sides must agree to mediation. The State Bar will notify the opposing party if mediation is requested.
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.
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.
To help you decide whether to file a complaint, visit the Want to File a Complaint webpage.
If you think you have a separate claim for legal malpractice, you should seek legal counsel.
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.
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.
Yes. Mediation is voluntary and either side can decline to mediate. All parties must agree for a mediation to go forward.
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.
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.
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.
Live Scan vendors are contracted through the DOJ and are not under the authority of the State Bar. Live Scan vendor complaints may be submitted to the State Bar, which will be sent to the DOJ. If you recently submitted your fingerprints through a DOJ-contracted Live Scan vendor and have had a negative experience, we encourage you to complete the Live Scan Vendor Complaint Form and email the completed form to the State Bar.
Yes. The 2025 annual fees will be available to calculate and pay online through My State Bar Profile effective February 1, 2025.
Failure to complete the requirements during the compliance period will result in your having to make up the deficiency. You will have to submit all required hours to the online log and then submit the proof of compliance. You will also need to provide the audit submission cover sheet, a brief cover letter explaining why you were unable to complete the requirements during the compliance period along with the $205 deficiency fee for non-compliance by the deadline.
Photocopies are sufficient for the purposes of the audit. Hold on to your originals through the end of the year you report MCLE compliance.
By law, all lawyers who handle small amounts of money for their clients, or money that is held for a short period of time, must participate in the program.
They must open interest- or dividend-bearing trust accounts at Eligible Financial Institutions and deposit all small and short-term sums into these accounts. They also must report annually to the State Bar whether or not they held a client trust account (including IOLTA) at any time during the prior year.
Once the account is designated an IOLTA account, lawyers are not responsible for ensuring that the interest is accumulated and forwarded to the State Bar.
The financial institutions with which the funds are deposited are responsible for complying with the law, and the IOLTA Program is responsible for monitoring compliance.
If your deceased attorney was part of a law firm or law partnership, that firm would maintain custody of your file.
If your deceased attorney was a sole practitioner, you will need to obtain new counsel. Generally, the executor or administrator of the attorney's estate is responsible for notifying clients and returning their files. In some instances, the local superior court may appoint a practice administrator to handle these duties.
In other instances, the deceased attorney's law practice may be sold to another member of the bar. (Such sales are governed by ethical limitations outlined in the Rules of Professional Conduct).
Finally, there are unfortunate instances in which an attorney dies leaving no responsible person in charge of the law practice. In those instances, the State Bar or local county bar associations may assist in winding down the law practice (after obtaining authorization from the Superior Court).
Your first step should be to contact the law offices of your deceased attorney to determine whether your file is available. If you are unsuccessful, you may contact the State Bar Office of Chief Trial Counsel: 800-843-9053
The Tester ID was displayed when you paid for the test, on the payment confirmation webpage. It was also emailed to the account you used when you registered with the State Bar or, for those not licensed in California, to the email address you entered when you started the Self-Study payment process. If you cannot find the email, please check your spam or junk folder.
If you fail the exam, the course will allow you to click “Retry” to retake the exam. You may retake the exam as many times as needed until you obtain a passing score. Because you must complete all lessons before reaching the Final Assessment, each lesson will be unlocked and available for review.
A failing score will allow you to review which questions you answered incorrectly. It is advisable to take your time and use the navigation menu to review the lesson covering that topic before retaking the Final Assessment.
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.
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.
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 seek legal counsel. 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.
To help you decide whether to file a complaint, visit the Want to File a Complaint webpage.
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.
No. Superior Court attorney employees are “Employees of the State of California” who are exempt from MCLE.
An attorney licensed to practice law in one or more U.S. jurisdictions other than California who is providing litigation services in California as part of legal proceedings pending or anticipated either in California or another jurisdiction. See General Information FAQs for additional information.
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