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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.
The State Bar also accredits the following organizations, which certify attorneys in eleven additional practice areas:
American Board of Certification
National Board of Trial Advocacy
American Board of Professional Liability Attorneys
National Association of Counsel for Children
IOLTA is a primary source of funding for civil legal aid in California. Civil legal aid provides free legal services to those who would not otherwise be able to afford them. On average low-income Californians report experiencing twice as many civil legal problems in a year as nonindigent Californians. Approximately 20 percent of Californians live in poverty and rely on these services for their civil legal needs.
Currently, almost 100 organizations receive IOLTA grants from the State Bar. In 2018 the State Bar distributed over $51 million to support civil legal aid. (This includes other funds besides IOLTA, such as the Equal Access Fund and the Greg E. Knoll Justice Gap Fund.) Top areas where these organizations provided legal assistance included housing, immigration, and family law/domestic violence cases. In 2017, almost 5,000 families were able to stay in their homes, over $16 million in unpaid wages were recovered, and over 2,000 individuals were able to obtain or maintain their health insurance as a result of civil legal aid.
Sources: State Bar of California, The California Justice Gap Study: Measuring the Unmet Civil Legal Needs of Californians (2019); State Bar of California, Making a Difference: California Legal Aid Impact Report (January 2019), pp. 2, 4, 8, 10.
The deadline to show proof of compliance is stated on your MCLE Audit Notice. If you fail to submit adequate proof of compliance by the deadline, you will be assessed a $103 penalty for late compliance, and you will receive a Non-Compliance Notice that gives you 60 days to comply. If you do not submit adequate proof of compliance and pay the late fee within that time period, you will be placed on Not Eligible to Practice status until you submit the required proof of compliance, pay the $103 non-compliance fee, and pay an additional $308 reinstatement fee.
If you are unable to locate your certificates or proof of course completion, please contact your provider immediately to request a copy of the attendance certificate or a printout. Many providers are happy to assist. However, please note that California MCLE course providers are not required to issue replacement certificates. The State Bar only mandates that they provide the original certificate received upon course completion.
Yes. Paralegals and assistants must create their own account in the Office of Admissions' Applicant Portal using their own credentials (email address and name). Once the paralegal or assistant has access to the Applicant Portal, they may submit a PHV application with the fee on behalf of the out-of-state attorney.
A licensed California attorney may also submit a PHV application on behalf of the out-ofstate attorney. The California attorney must sign into the Applicant Portal using their credentials or contact the Office of Admissions at 800-843-9053 to reset their login information for the Applicant Portal.
You will automatically receive a receipt via email after you remit payment. Please ensure that you complete the final step and submit the application.
Please do not click "Print Receipt" since it will eject you from the application and prevent you from submitting it. If you accidentally click the link before submitting your application, please contact the Office of Admissions at prohac@calbar.ca.gov or 800- 843-9053.
Using Zoom software, providers can track the time at which attendees log in and log out of each session. It is also acceptable to use codes or pop-up verification windows throughout the virtual presentation as methods of verifying attendance.
The provider’s Record of Attendance form must include the bar numbers of all California licensees participating in the activity. It is the provider’s responsibility to obtain this information from the attorney prior to submitting their Record of Attendance form to the State Bar.
No. Except for the credit hours awarded, the certificate is the same for both speakers and nonspeakers.
Calculate your total gross annual individual income for 2024 using your 2024 W-2’s, 1099’s, and any other source of gross income that would be included in your 2024 federal tax return.
Gross individual income means all income from whatever source derived, including (but not limited to) the following items: wages, salaries, tips, interest, rents, social security, unemployment, disability, royalties, dividends, annuities, retirement distributions, pensions, etc. (exception: spouse’s wages and salaries, as noted above).
For example, when using the 2024 Form 1040, you may refer to Total Income on Line 9 to determine if you are eligible. If you use Schedule C to calculate profit or loss from your business, then the grossincome amount on line 7 would be included in yourtotal gross annual individual income.
Refer to the IRS Form 1040 instructions to determine what items are included in your Total Income on Line 9.
You will be required to enter into a Settlement and Release of Claims Agreement with the State Bar and pay the full settlement amount either immediately in one lump sum or in installments by December 31, 2025. The State Bar will thereafter consider the eligible debt as itemized in the Fresh Start Settlement Program Platform paid in full for all purposes, including for purposes of return to active status or reinstatement to the practice of law. The State Bar will make no further effort to collect on the debt, including but not limited to, referral of debt to the Franchise Tax Board (FTB), credit reporting agencies, entry of a Superior Court money judgment, our pursing other legal action.
You will enter your State Bar Number and PIN, and you will see how much you owe the State Bar. Click “Settlement Offer” to receive an offer to settle your debt.
Paying the settlement all at once entitles you to an additional five percent reduction in the amount owed.
The State Bar is authorized to participate in the FTB tax intercept program pursuant to Business and Professions Code section 6034. Section 6304 provides that the State Bar is authorized to participate in this program for the “collection of any unpaid amount owed to the State Bar of California, including any fine, penalty, assessment, cost, or reimbursement imposed under sections 6806.10, 6140.5c, and any other applicable law.”
The State Bar is also authorized to participate in the FTB Court Ordered Debt program pursuant to Revenue and Taxation Code section 19280 (as revised in January 2019). Revenue and Taxation Code section 19280 provides that the State Bar is authorized to participate in this program for “any amounts due pursuant to Section 6086.10 or 6140.5 of the Business and Professions Code.”
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