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.
I had a bad experience with a Live Scan vendor. Can I report them to the State Bar?
Live Scan vendors are contracted through the DOJ and are not under the authority of the State Bar. Live Scan vendor complaints may be submitted to the State Bar, which will be sent to the DOJ. If you recently submitted your fingerprints through a DOJ-contracted Live Scan vendor and have had a negative experience, we encourage you to complete the Live Scan Vendor Complaint Form and email the completed form to the State Bar.
Will I be assessed fees from the State Bar?
Yes. The 2025 annual fees will be available to calculate and pay online through My State Bar Profile effective February 1, 2025.
What if I didn’t take enough courses during the compliance period?
Failure to complete the requirements during the compliance period will result in your having to make up the deficiency. You will have to submit all required hours to the online log and then submit the proof of compliance. You will also need to provide the audit submission cover sheet, a brief cover letter explaining why you were unable to complete the requirements during the compliance period along with the $205 deficiency fee for non-compliance by the deadline.
Do I send in the original certificates or the copies?
Photocopies are sufficient for the purposes of the audit. Hold on to your originals through the end of the year you report MCLE compliance.
What percent of candidates have been found not qualified?
2025: 9.9 percent of candidates were rated not qualified.
2024: 8.7 percent of candidates were rated not qualified.
2023: 15.1 percent of candidates were rated not qualified.
2022: 8.7 percent of candidates were rated not qualified.
2021: 11.1 percent of candidates were rated not qualified.
2020: 6.5 percent of candidates were rated not qualified.
2019: 8.1 percent of candidates were rated not qualified.
2018: 7.2 percent of candidates were rated not qualified.
2017: 7.9 percent of candidates were rated not qualified.
2016: 5.5 percent of candidates were rated not qualified.
2015: 7.9 percent of candidates were rated not qualified.
2014: 7.1 percent of candidates were rated not qualified.
2013: 10.7 percent of candidates were rated not qualified.
2012: 13.82 percent of candidates were rated not qualified.
2011: 6.36 percent of candidates were rated not qualified.
2010: 9.13 percent of candidates were rated not qualified.
What happens if I just ignore the MCLE audit?
Failure to comply with the audit by the deadline will result in the assessment of a $103 late penalty and the issuance of a 60-day notice. Failure to pay the penalty and comply with the audit by the deadline on the notice will result in your placement on Administrative Inactive Status or Not Eligible to Practice status until you submit the required proof of compliance, pay the $103 penalty and an additional $205 reinstatement fee. You will not be eligible for reinstatement until you comply with the audit. You may also be referred to the State Bar discipline system for filing a false declaration of compliance.
Does the letter from my supervisor have to be on company letterhead or will you accept an email?
What is the criteria for financial assistance and how much does it cover?
Contact the LAP office for details about the income eligibility requirements and the application process. Financial assistance can cover up to one year of LAP group fees and one year of lab testing fees.
Can I be trained in an area outside my usual practice?
Yes. Many legal aid and pro bono legal services providers offer training in substantive legal areas that volunteer attorneys may not already be familiar.You can learn about a new area of law and, in many cases, be connected with a mentor who is an expert in the field, who can answer questions that may come up as you go along. Pro bono work is a great way to gain both knowledge and experience.Contact a pro bono or qualified legal services provider to explore the opportunities. You can also find training opportunities through the Practising Law Institute or Pro Bono Training Institute.
How does the State Bar handle attorney misconduct?
The State Bar’s Office of Chief Trial Counsel handles complaints about unethical attorney conduct from several different sources, including clients, family and friends of clients, courts, opposing counsel, members of the public or other third parties, and anonymous submissions.
An inquiry is opened for every written communication that involves a complaint about an attorney’s conduct. After the inquiry is evaluated, the accused attorney may be diverted out of the system, or the inquiry may be closed.
If it appears that the attorney may be a repeat offender or may have committed a violation where there is a serious likelihood of discipline being imposed, an investigator and a State Bar prosecutor take responsibility for the investigation.
The accused attorney is given an opportunity to respond, witnesses are contacted, and documents are reviewed. At the investigation’s conclusion, the State Bar decides whether to:
Dismiss the complaint,
Impose an informal confidential resolution, or
File disciplinary charges.
The Notice of Disciplinary Charges is filed in State Bar Court, where it is assigned to a hearing judge. The accused attorney then must file an answer or risk a default judgment or involuntary enrollment as an inactive bar member.
If a settlement cannot be reached, the case goes to trial in State Bar Court. After the trial, the hearing judge issues a written decision. Either side may appeal the decision to the State Bar Court’s Review Department.
The California Supreme Court is the final arbiter in attorney discipline cases.
Do I have to pay online?
The State Bar encourages individual licensees to pay their annual fees online through My State Bar Profile. When it is necessary to mail a payment, you must include either a copy of your invoice which can be generated online in your profile, or a copy of your fee statement, which is available to download in My State Bar Profile. The only exception to this is if your payment clearly indicates your bar number and VAK (your VAK is an additional bank validation code provided on your invoice and fee statement).
Failure to include a copy of your invoice or fee statement with your mailed payment may result in your payment being rejected and subject you to nonconforming payment penalties.
The State Bar no longer accepts cash payments, and we do not accept payments in person or over the phone.
Do these documents have to be in English?
All foreign-language documents must be accompanied by an English translation by a certified translator; the original foreign-language documents must also be submitted.
What do I need to do to be compliant with California Rule of Court 9.9.5?
Your My State Bar Profile will indicate the steps you must take to satisfy the fingerprinting rule requirement. Compliance with the Rule will be effective on the date you submit proof that you were fingerprinted pursuant to the State Bar’s instructions. For more information go to your My State Bar Profile.
What programs receive IOLTA grants?
Approximately 100 legal service programs statewide receive IOLTA grants to provide much needed civil legal services to the most under-represented communities in California whose basic human needs are at stake, such as shelter, sustenance, safety, health, or child custody.
Many of the programs specialize in meeting the legal needs of particularly vulnerable groups such as children, homeless people, migrant workers, immigrants, Native Americans, persons with disabilities, seniors, and the institutionalized.
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