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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.
The law and State Bar rules and regulations set out specific guidelines for distribution of IOLTA. First, 85 percent of funds available for distribution is allocated to counties based upon their share of the state's more than 6 million indigent persons.
Within the counties, 10 percent of the money is reserved for projects that use pro bono attorneys (attorneys who volunteer their services without pay) as their principal means of delivering legal services.
Money not distributed to pro bono projects is divided among all other "qualified legal services projects" in that county, according to a statutory formula that is tied to each program's previous year expenditures. In order to be a "qualified legal services project," an organization applying for money must be a nonprofit corporation and must, as its primary purpose, provide civil legal services without charge to persons who are indigent.
Qualified legal services projects provide legal aid in a range of substantive areas: housing, healthcare, education, public benefits, consumer law, disability rights, and more.
The remaining 15 percent of available funds (the portion that is not divided among the counties) is distributed to "qualified support centers," meaning organizations that, without charge and as their primary purpose, provide training, technical and advocacy assistance on cases and other support to attorneys and paralegals employed by qualified legal services projects, as well as private attorneys who have accepted pro bono referrals from a legal services project.
These funds are distributed equally to eligible support centers that serve programs around the state. As of 2017, 22 support centers share these funds.
You can download and print a paper bar card or order a plastic card after you log in to My State Bar Profile and pay your fees.
Go to Complete Unfinished Test and enter the Tester ID you received for the test. Then click Next. You will be taken to the MCLE article and 20 questions.
Special Masters are needed in all counties in California. The State Bar attempts to maintain a large list of qualified Special Masters to avoid overburdening individual Special Masters.
Ethics School provides an overview of the California Rules of Professional Conduct and relevant provisions of the State Bar Act. It is designed to help attorneys identify and avoid common ethical pitfalls in practice. The course is self-paced and available on the State Bar’s E-learning Portal 24/7. It replaces the live monthly sessions previously offered.
Participation in self-help recovery groups is an essential element of recovery for many people. LAP groups are an important adjunct to the recovery process, rather than a substitute for participation in self-help programs.
LAP groups are supportive process groups that are facilitated by licensed mental health professionals. LAP groups differ from self-help groups by providing an individualized focus to the recovery process and more personalized support from the group, under the guidance of the group facilitator. Only law students, State Bar applicants, and attorneys are in the LAP groups. It is not open to the general public.
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.
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