Find a Certified Lawyer Referral Service Check Attorney Profile
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 operative date has not yet been set; it depends on completion of the public comment and Board approval processes.
You may find client trust accounting resources and training materials on the State Bar’s Client Trust Accounting Resources and Materials webpage, and there is more information about the CTAPP compliance review program on the CTAPP Compliance Review webpage.
All records submitted for the compliance review are retained securely by the State Bar and/or CPA firm within the State Bar Audit Platform for the duration required to complete the review and fulfill regulatory obligations. The CPA firms agree that the State Bar will retain all files. Confidentiality and privilege protections remain in place. After the review is concluded, records are handled in accordance with the State Bar’s retention policies and applicable confidentiality rules.
When the State Bar selects an attorney for a compliance review, the review is conducted on the firm’s trust accounting practices. The cost of a compliance review will generally range between $5,000 and $10,000. However, poor recordkeeping, slow response times in turning over requested documents, and unclear communications will generally require the CPA to spend more time completing the compliance review, potentially increasing the cost. On the other hand, records that are well-maintained and comply with the rules outlined in the scope of the compliance review procedures published for public comment will likely result in lower costs to attorneys.
Attorneys who are eligible for fee scaling and agree to comply with all required obligations by the April 1, 2025, including:
f an attorney is assessed a noncompliance penalty for any required annual reporting obligation, they will no longer be eligible for the installment plan and must pay all outstanding fees and costs in full by June 30, 2025.
Yes, attorneys may pay their installments in advance if they wish to complete their payments before the final deadline of October 1, 2025.
No. Pursuant to rule 9.40 of the California Rules of Court, the application must include the out-of-state attorney's residence and office address.
No. Arrests are not reportable actions under current law, and the fact that an attorney has been arrested is not an independent basis for disbarment or suspension.
We offer a variety of online courses, the majority of which qualify for Minimum Continuing Legal Education (MCLE) credit, with a focus on required credits such as legal ethics and attorney competency. All courses are self-paced, allowing you to start, pause, and continue learning whenever it works best for you.
Yes, payments are processed through a secure gateway, and we do not store your card details.
Your device may be referring to an earlier memory cache (version) of the course and may not be refreshing correctly. Try carrying out each of these options until you resolve the issue:
Any active licensee who does not meet one of the exemptions in Business and Professions Code section 6073.2(d) is required to report the amount of pro bono service hours provided in the past year, including pro bono professionals, law school professors, and attorneys employed at law schools. Attorneys are asked to provide their best, good faith effort at reporting the amount of pro bono and/or reduced fee legal services hours provided to low-income individuals, nonprofit organizations, or public law libraries during the past year to meet the requirement of Business and Professions Code section 6073.2. Even licensees who are exempt from reporting their pro bono hours must declare their exemption status in My State Bar Profile.
Yes, to the extent consistent with the information needed to research the issue.
All information about program participation is reported in aggregate. To view data about the LAP, please see the annual Lawyer Assistance Program Fact Sheet.
Need additional help? Visit our Contact Us page for additional resources.