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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 does not refer clients to lawyers or provide legal advice. We provide a directory of certified Lawyer Referral Services in your area who may be able to help you find a lawyer. Please see our Find Legal Professionals section for resources. The State Bar also publishes free legal information for consumers.
If you believe your lawyer has done something wrong, you can file a complaint with the State Bar. Complaints may be submitted online or by mail. If you have questions or need assistance in completing the form, call the State Bar’s Attorney Complaint Hotline at 800-843-9053. For more information on reporting a lawyer to the State Bar and handling other problems, read the legal guide If You Have a Problem with an Attorney.
If you have a complaint about a certified or uncertified LRS, you can file a complaint against the service with the State Bar. In order to promote public protection, the State Bar will review your complaint to determine if the LRS has violated Business and Professions Code Section 6155 and State Bar Rules.
For more information on certified lawyer referral services, contact LRS@calbar.ca.gov.
The due date is by March 30, or the next business day if that date falls on a weekend or holiday, each year during the annual license renewal process. The 2025 annual deadline is April 1, 2025. If you miss the deadline, you will be charged a penalty ($103 for active attorneys, $31 for inactive attorneys).
Activities that qualify for general MCLE credit must: (1) relate to legal subjects that are directly relevant to California attorneys, and (2) offer current, significant educational, professional, or practical content with the specific objective of increasing each participant’s professional competency as an attorney. Programs created primarily for nonattorney audiences (for example, general public, clients, or business staff) do not qualify and will not be approved for general MCLE credit. More on Standards for MCLE activity Approval.
IOLTA stands for Interest on Lawyers’ Trust Accounts. Attorneys deposit client funds that they plan to hold briefly, or that are too small to earn interest for the client, into larger shared accounts. Over 73,000 attorneys make deposits in approximately 49,000 IOLTA accounts in California. As of September 2019, IOLTA accounts hold nearly $5 billion. Any interest earned on these accounts is paid by financial institutions to the State Bar, which in turn distributes those funds as grants to qualified nonprofit civil legal organizations throughout the state.
Refer to the State Bar’s IOLTA FAQ page for more information.
The accused attorney must file an answer, or risk a default judgment and involuntary enrollment as an inactive State Bar member pending the outcome of the case. The clerks in State Bar Court schedule a status conference (a meeting of all parties), to be held within 45 days after the complaint is filed. The next step depends on the individual case. There could be additional status conferences, settlement conferences, or simply the trial date.
Yes. Any licensee who was active for any part of the reporting period and who did not meet one of the exemptions in Business and Professions Code section 6073.2(d) for the entire reporting period is required to report the amount of pro bono service hours provided in the past year. Even licensees who are exempt from reporting their pro bono hours must declare their exemption status in My State Bar Profile.
Yes. All communications with the Ethics Hotline are confidential and not shared with third parties or disciplinary authorities. The Ethics Hotline does not make referrals to the Office of Chief Trial Counsel.
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Applications will be accepted once the program is operative.
State law (Business and Professions Code section 6173) requires the State Bar to create a certification program for ADR firms, providers, and practitioners. The statute also establishes some requirements for the program.
Your Supervising Attorney must be an active licensee of the State Bar of California in good standing. They must have practiced law for at least four years in any United States jurisdiction and have actively practiced law in California or taught in a California law school for at least two years immediately preceding the time of supervision. Please refer to California Rules of Court 9.42 (a)(4).
An applicant who graduates from a JD or LLM program or completes four years of recognized study through the LOS Program is eligible to apply for the CLS Program for up to 30 days after their graduation or completion of studies.
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.
With the exception of anonymous complaints, the State Bar notifies the complainant of receipt of the complaint. An experienced State Bar attorney will review the complaint to determine if the facts are sufficient to show that an ethical violation occurred. Additional documents from the complainant may be needed to complete this evaluation.
In the course of the investigation, the State Bar will be required to disclose to the attorney who is the subject of the complaint the facts and circumstances being investigated—ordinarily this will include disclosure of the complainant’s identity. If a complaint is filed by an attorney’s client, the complainant’s identity will need to be disclosed to the attorney to establish a waiver of attorney-client confidentiality in connection with the investigation.
Yes. NAT is a requirement for new licensees, and there are no exemptions based on inactive status. (Rule 2.143.)
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.
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.
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.
For a year after reporting MCLE compliance, a member must retain and provide upon demand and to the satisfaction of the State Bar the following:
Rule 2.73 adopted effective Jan. 1, 2008
You may sign into your My State Bar Profile page and navigate to the E-Learning Portal. Each MCLE course will offer a PDF-formatted certificate you may print or save, provided the courses haven’t expired. The State Bar only offers courses through the E-Learning Portal.
Please note we do not require copies of certificates for expired courses. We will have internal record of the courses you have completed via the E-Learning Portal as the direct provider. Also, the Portal will always have record of the courses you have completed, and you may view the list at any time.
This survey is entirely voluntary: you may decline to answer any question that you prefer not to answer.
No, MCLE Rule 2.54 allows attorneys in California employed by the State of California or federal government to keep the MCLE exemption if they are doing pro bono work for a qualified legal services provider.
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