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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.
The proportional requirement rules specify that if a licensee is subject to the MCLE requirement for four months or less, s/he does not need to comply with the MCLE education requirement for that compliance period.
Thus, if an attorney was admitted in December and his or her Compliance Group's deadline is less than 2 months away, it is unnecessary to comply with the MCLE requirement for that compliance period. The next compliance period for this group begins on February 1, and an attorney can count only activities earned on or after February 1 toward the requirement for that next compliance period. (There is no carryforward of credit hours from one compliance period to the next. [Rule 2.72(D)])
Any marketing of or other communication or publication regarding your institution’s participation in the State Bar’s Leadership Bank program must be limited to the fact that your institution has been recognized by the State Bar for paying higher rates on IOLTA accounts, resulting in increased funding of free legal services for those in need. Leadership Banks may not state or imply that the State Bar has endorsed them generally or made any other endorsements or representations about their products or services. Failure to comply with these requirements may result in, withdrawal of the Leadership Bank designation, and withdrawal of all State Bar approval, endorsement, and connection, including the ability to offer IOLTA products.
The State Bar has no authority and involvement with the security training and certification of Live Scan vendors. California law requires any individual who rolls fingerprints manually or electronically for licensure, certification and/or employment purposes to be certified by the state Department of Justice (Penal Code section 11102.1). For more information go to the California Department of Justice website.
No. However, attorneys granted a specified fee reduction at 25 or 50 percent rate will be eligible to receive a one-time credit on their annual billing to cover a portion of the DOJ and FBI processing fees.
No. Currently, you are not required to take any action. Prior to returning to active status, you will be required to satisfy the fingerprinting rule requirements.
After you print your Live Scan form, when you add in other required information, you can add your other/legal name to the form by writing it in the space labeled “Other Name (AKA or Alias)” that appears underneath your name of record on the form.
Please submit your information both online and by email, fax or mail. We will review the submission and let you know if you need to correct any deficiencies or provide further documentation. Once the administrative portion of the audit has been completed, you will be notified by mail. Attorneys who attested to compliance but failed to provide sufficient proof may be referred to the Office of Chief Trial Counsel for further investigation and/or disciplinary prosecution.
MCLE records should be kept at least one year from the date compliance is reported online. Records should be kept in the event that an attorney's compliance is audited. Go to Compliance Information for information on what records to keep.
The assigned investigating commissioners personally interview the candidate; the commission as a whole does not.
The State Bar certifies professional law partnerships to allow attorneys to limit their vicarious liability for the acts tortious or otherwise, of their partners and employees.
LLP information.
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