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.
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.
When is the deadline to submit my audit packet? What happens if I miss the deadline?
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.
I can’t find all of my certificates. What can I do?
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.
What does my organization have to do to participate?
An employer may participate in the program as either a committed participating employer or a seal recipient. To be recognized as a committed participating employer, an employer must commit to implementing at least five of the ten Action Items. Committed participating employers will have one year to implement the selected Action Items. The one-year implementation window starts when an employer’s application is approved. Once an employer implements at least five of the ten Action Items, it may be deemed a seal recipient.
Committed participating employers will be listed on the State Bar website. DEI Leadership Seal recipients will also be listed on the State Bar website and receive a seal that they can use on their web and print materials to signal their participation in the program to employees, job candidates, clients, and more.
Is participation in the DEI Leadership Seal Program required for employers with California attorneys?
No. The DEI Leadership Seal Program is voluntary.
How can my employer use the DEI Leadership Seal?
DEI Leadership Seal recipients can use the seal on their website and print materials, including on their career website and job postings, promotional materials to clients, email signatures, and more.
1.2 What are the CTAPP requirements?
CTAPP includes an annual reporting obligation that is required to be completed by almost all licensees. (See FAQ 2.2 for more information on who must comply and FAQ 2.3 for who is exempt from CTAPP.) During each billing cycle, licensees are required to complete:
Annual trust account registration (Cal. Rules of Court, rule 9.8.5(a)(1)(B));
Annual client trust account self-assessment (Cal. Rules of Court, rule 9.8.5(a)(2)(A)); and
Annual client trust account certification of compliance (Cal. Rules of Court, rule 9.8.5(a)(1)(A)).
Licensees must also submit a declaration saying the information they provided is true and correct.
CTAPP also includes:
Public education and client outreach regarding attorney responsibilities and the rights of clients;
Enhanced legal education on client trust account management for attorneys, such as the newly released Practical Trust Account Reconciliation course, which includes practical guidance on CTA recordkeeping and monthly reconciliations, and best practices guides;
Compliance reviews of selected lawyers by a certified public accountant to ensure adherence to client trust account management requirements; and
Where appropriate based on the results of the compliance reviews, investigative audits of the licensee’s trust accounts.
2.5 How do I know if I have completed my CTAPP reporting?
Your reporting is complete if:
You answered “no” to the CTAPP Screening Question and submitted your Final Declaration; or
You answered “yes” to the CTAPP Screening Question and:
Registered your trust accounts in Step 2 (Account Registration) or confirmed your firm registered your trust accounts on your behalf through Agency Billing and you or your firm updated the year-end account balance for all registered trust accounts;
Completed Step 3 (Self-Assessment);
Completed Step 4 (Annual Certification of Compliance); and
Submitted your Final Declaration.
You can verify your compliance status by logging in to My State Bar Profile and reviewing your Compliance Dashboard. Each box on the dashboard displays reminders related to each of your annual requirements, including your current CTAPP status. Click the blue button on the relevant tile to complete outstanding tasks.
If your individual reporting is complete, you can review your responses and determine if your firm has registered accounts on your behalf using the “View a Summary of your CTAPP Annual Reporting” link on the CTAPP Annual Reporting tile on the Compliance Dashboard page. You will not invalidate your declaration by reviewing this summary.
I was placed on involuntary inactive status for failure to comply with the CTAPP reporting requirements. Now what?
While a licensee is on inactive status, that licensee cannot practice law. An inactive licensee who engages in the practice of law may be guilty of a misdemeanor. (See Bus. & Prof. Code, §§ 6125–6126, 6068, subd.(a), & 6106. See also In the Matter of Burke (Review Dept. 2016) 5 Cal. State Bar Ct. Rptr. 448.) Additionally, a licensee on inactive status may have a duty to inform their client(s) or a tribunal that they are ineligible to practice law. (See Rules of Professional Conduct 1.4 and 3.3.) If you have further questions about the unauthorized practice of law, please contact the State Bar’s Ethics Hotline research service at 800-238-4427 (toll-free in California). The Ethics Hotline cannot provide legal advice, nor tell you how to comply with any of the CTAPP requirements, including whether to answer “yes” or “no” in any portion of the CTAPP reporting requirements.
Reinstatement of your license requires payment of any applicable fees, completion of the past due CTAPP reporting requirements, and applying for reinstatement. To submit payment of applicable fees, please log in to My State Bar Profile and click the “Pay Fee” link on the CTAPP Annual Reporting tile on your Compliance Dashboard or click the blue “Make a payment” button on the Profile Summary page to go to the “Annual Fee” page. You should go to the Annual Fee page to pay outstanding fees even if you have already paid your annual licensing fee for 2026. From there, click the blue “Calculate and pay my fees” button to see a breakdown of the fees owed. Click continue and follow the steps to complete your payment.
If you were involuntarily enrolled as inactive for noncompliance in 2026, you can complete your CTAPP reporting in My State Bar Profile and then complete and submit the first page of the CTAPP Noncompliance Reinstatement Form. If you were involuntarily enrolled as inactive for CTAPP noncompliance in 2023, 2024, or 2025, you will need to complete and submit the first page of the CTAPP Noncompliance Reinstatement Form and the attached CTAPP reporting forms for all missing years.
3.3.2 The bank holding my trust account was acquired by or merged with another bank. My routing number and account number haven’t changed, but the bank name has changed. How do I report this change to my account?
The State Bar is in the process of updating all bank names according to the names listed in the official Registrar of Routing Numbers for the American Bankers Association. Therefore, if your bank name changed, but your routing number and account number stayed the same, the State Bar will update the bank name to your existing trust account record. You do not need to do anything to change the bank name. You will still need to provide the year-end balance for your existing trust account.
4.1 I am licensed in multiple jurisdictions, and I maintain an active California license; however, I do not represent any California clients, I do not have any matters pending in California, and I do not have any client funds in California or any funds from clients in California. Do I need to report my out-of-state accounts?
Unless exempt (see FAQ 2.3, above), California licensees, regardless of where they practice, must still comply with the CTAPP reporting requirements. To answer Step 1 (Annual Client Trust Account Reporting) questions, licensees must determine whether they are responsible for client funds and funds entrusted by others under the provisions of rule 1.15 of the California Rules of Professional Conduct. (See Rules Prof. Conduct, rule 8.5.) If so, because rule 1.15 of the California Rules of Professional Conduct requires attorneys who handle trust funds to hold those funds in one or more client trust accounts labeled as a “Trust Account,” or words of similar import, the licensee must answer “yes” to at least one of the CTAPP Annual Client Trust Account Reporting questions of whether they maintained any trust accounts under Business and Professions Code section 6211, subdivision (a) where the interest is paid to the State Bar, also known as an Interest on Lawyers’ Trust Account (IOLTA) or trust accounts under Business and Professions Code section 6211, subdivision (b) where the interest is payable to a client or other person, also known as non-IOLTA trust accounts, and complete the remaining CTAPP requirements.
Only if the licensee is not responsible for any client funds and funds entrusted by others under rule 1.15 of the California Rules of Professional Conduct may the licensee answer “no” to the CTAPP Annual Client Trust Account Reporting questions.
For information on reporting an IOLTA account outside California, please refer to CTAPP FAQ 4.3, below.
Are any attorneys exempt from reporting pro bono hours?
Yes. Some categories of attorneys are exempt from reporting pro bono hours. However, even licensees who are exempt from reporting their pro bono hours must declare their exemption status in My State Bar Profile. The reporting requirement applies to active licensees, including participants in the State Bar’s Pro Bono Practice Program. The reporting requirement does not apply to:
Licensees employed by an organization primarily engaged in the provision of pro bono legal services, including qualified legal services projects and qualified support centers, legal aid organizations, and nonprofit public benefit corporations.
Full-time employees, officers, or elected officials of the State of California, political subdivisions, or the federal government. This includes city and county employees (such as public defenders), trial court attorneys employed by the judicial branch, and employees of tribal governments and the University of California. Attorneys working for state governments outside California are not included in this exemption.
Licensees whose current employer prohibits them from performing pro bono legal services (if declared on their My State Bar Profile by selecting the corresponding checkbox under this option).
For more information, see Business and Professions Code section 6073.2.
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