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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.
No. If you already reported criminal information to the State Bar in the moral character process or under the self-reporting mandate, you are not required to report the same information again.
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The State Bar certifies specialists in 11 areas: Admiralty & Maritime, Appellate, Bankruptcy, Criminal, Estate Planning, Family, Franchise & Distribution, Immigration, Legal Malpractice, Taxation, and Workers' Compensation. If you have questions, please fill out the Licensee Records and Compliance Inquiry Form or call 415-538-2120.
No. County employees are not exempt. Employees of California Superior Courts are exempt from MCLE requirements.
You may apply the MCLE credit from courses approved by many states and a few overseas jurisdictions if you were physically outside California when you completed them. This is by rule, so no special forms or requests are needed. Check the approved jurisdictions list on the State Bar website.
Unless the parties have reached a settlement agreement, a decision will not be made at the hearing. After the hearing, you will receive the arbitrator’s “Findings and Award,” as well as a written “Notice of Your Rights After Arbitration,” which explains your options after the award is issued. The Findings and Award may provide you with a refund of fees or costs, an amount of outstanding fees you owe to the attorney, or a determination that no money is owed to either party. The arbitrator may also allocate the program filing fee, regardless of which party initially paid it.
Pursuant to Government Code section 12011.5(b), the commission consists of attorney and public (i.e., nonattorney) members. The commission is to consist of at least twenty-seven and no more than thirty-eight members. The ratio of nonattorney members to attorney members is determined, to the extent practical, by the ratio established in sections 6013.4 and 6013.5 of the Business and Professions Code.
It is the stated intent of the Legislature that the JNE membership "shall be broadly representative of the ethnic, gender, and racial diversity of the population of California and composed in accordance with sections 11140 and 11141 of the Government Code."
Practice areas of the members are representative of the various types of practice in California, and include the public sector as well as private practice, large and small firms and sole practitioners. The actual composition of the commission has tended to reflect the diversity of the legal profession in California.
Individuals interested in serving on the commission apply to the Board of Trustees, and are appointed by the Board following the guidelines set forth in Government Code section 12011.5(b), and upon recommendation of the Board Executive Committee.
Exempt
Attorney employees of California Superior Courts
Attorneys employed by the State of California who pass judgment or opinion on the law as part of their job duties.
Law Clerks provided they are employed on a permanent or probationary basis
Attorneys employed by the military services (acting within the scope of their employment)
Nonexempt:
Attorneys employed by the University of California
Attorneys employed by the State Bar of California
District attorneys and public defenders
Annuitants, contractors, and consultants
Attorneys performing work on behalf of the State or Federal Government as part of their employment by a nongovernment entity.
You may practice as registered in-house counsel as long as you remain eligible and your registration remains current.
Yes. You must renew your registration annually by filing the appropriate form and fees.
No. (Rule 9.47 & 9.48)
An attorney who is licensed to practice law in one or more U.S. jurisdictions other than California, resides in California, provides legal services as in-house counsel for a single qualifying institution in California, and is registered by the State Bar of California. See General Information FAQs for additional information.
No. If you have successfully registered as a legal services attorney, your status will not change if you thereafter fail the California Bar Exam.
In-House Counsel may only register to work with a single qualifying institution.
No.
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