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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.
Information about MCLE requirements and CLE options is available online. If you have questions, please fill out the Licensee Records and Compliance Inquiry form or call 888-800-3400.
You will be notified by email when you can access your annual fees through My State Bar Profile. It’s very important to update your contact information for official State Bar use so you’ll receive these and other important notifications. Group payments must be made through Agency Billing.
The legal services you are authorized to provide are limited to advice regarding the law of the jurisdiction in which you are licensed and identified in the Foreign Legal Consultant application.
Yes. A United States embassy or consulate, as well as local law enforcement agencies, may provide the necessary fingerprinting services.
You should not communicate with the arbitrator before or after the hearing, except on procedural issues such as scheduling the hearing and issuing subpoenas. Never discuss the merits of your case with the arbitrator outside of the hearing. You will be given a chance to explain your side of the story at the hearing while the lawyer is present so that the lawyer may respond to each issue you raise.
If you have to communicate in writing with the arbitrator, you must send copies of all letters and any attachments to the attorney whose fees you are disputing.
After all the evidence has been presented, you and the lawyer are permitted to summarize your case. Comments during your summary should focus on why the lawyer's fees may be reasonable or unreasonable under the circumstances of your particular case. They should address only the evidence presented.
At all times during the hearing, both sides should avoid making personal attacks, making references to anything outside the lawyer-client relationship, or discussing matters based only on speculation or assumption.
A lawyer must report another lawyer if the lawyer knows of credible evidence that the lawyer committed a criminal act or engaged in conduct involving dishonesty, fraud, deceit, or reckless or intentional misrepresentation or misappropriation of funds or property that raises a substantial question as to that lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects.
False and malicious reports or complaints can result in criminal penalties or disciplinary action. (See Bus. & Prof. Code, § 6043.5.) Additionally, a false complaint to a judge, judicial officer, or tribunal may result in discipline. (See rule 3.3(a); Bus. & Prof. Code, § 6068, subd. (d).)
Similarly, if you threaten to file a complaint with the State Bar to obtain an advantage in a civil dispute, you may be subject to disciplinary action by the State Bar. (See rule 3.10.)
Click the Learning page on the top menu bar and click the To-Do tab to view all available courses. Click the Completed tab to view courses that you have completed.
No. All persons newly admitted to the State Bar of California must take the New Attorney Training Program courses produced by the State Bar and offered through this e-learning portal.
No other courses will satisfy completion of the New Attorney Training requirement for new admittees.
Maybe. If you click "Pause" while you are in the application, you will be able to return to the pending PHV application.
To return to the paused PHV application:
• Log in to the Applicant Portal
• Click "Special Admissions"
• Click "Pro Hac Vice”
• Under drafted applications, locate your PHV application and click "Resume."
You cannot return to a pending PHV application if you exited the application without clicking "Pause" or if a technical issue occurred that prevented you from clicking "Pause" before exiting the application. If this happens, you'll have to start over from the beginning.
A SAP’s application/program is approved for a period of two years from the date of the activity. An approval for MAP status is granted for a period of two years.
Substantive written materials handouts, presentations, slides, or other documents that provider meaningful written explanations of the topics and legal authorities covered in the program. They must do more than list agenda items or display primary sources; they should contain analysis, discussion, and practical guidance at a level that allows an attorney to use the materials as a stand-alone reference after the course. Materials consisting only of brief bullet point outlines, agendas, unannotated copies of cases, statutes, or regulations, or slide decks that are mainly pictures, charts, or a few large font bullet points without explanatory text are not considered substantive.
The California licensee is responsible for reporting their compliance/credit hours earned to the State Bar at the end of their reporting period.
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