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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.
No. Your certification is only valid for the period stated in your application. You must submit a new Application for the Certified Law Student Program in the Applicant Portal with the required documentation and fee.
No. An applicant who graduates from a juris doctor (JD) program, completes one year in a Master of Laws (LLM) program, or completes their law study through the Law Office Study Program is eligible to apply for the Certified Law Student Program for up to 30 days after completing the program.
No, you cannot pause your studies during your six-month study period. A pause between sessions can take place; however, your participation in the LOS Program will be terminated if you fail to submit a semi-annual report within a year of your last semi-annual report. You will retain law study credit already received and recognized by the State Bar.
Poor recordkeeping, delayed responses, or lack of cooperation may prolong the compliance review and may be considered noncompliance with CTAPP requirements. Consequences can include:
Timely communication and good faith cooperation are essential. If you anticipate any delays, you are encouraged to notify the CPA or the State Bar as early as possible. Reasonable extensions may be granted when appropriate.
The standards of rule 1.15 of the California Rules of Professional Conduct require attorneys to maintain the following trust account records for each client matter:
In addition, records supporting Rules of Professional Conduct, rule 1.15, and other related statutes governing trust account recordkeeping practices include:
We recommend completing the Firm Self-Assessment with Practice Aid for a complete list of records and recordkeeping practices to evaluate compliance with the Rules of Professional Conduct and applicable law regarding the safekeeping of funds entrusted by clients or others and any related obligations.
Yes. Uncompensated work by volunteer attorneys that enables the delivery of legal services at a charitable, religious, civic, community, governmental, or education organization in matters in furtherance of its organizational purposes would qualify as bono hours as defined under Business and Professions Code section 6073.1(c)(1)(C). This includes volunteer teaching at a law school as well as volunteer mediation or arbitration services provided through a court, even when the parties are not indigent.
If you do not complete NAT by your deadline, you will be assessed a noncompliance penalty, which may take up to 90 days to appear in My State Bar Profile. To pay the noncompliance penalty:
Even after a noncompliance penalty has been assessed, you are still required to complete NAT. If you do not complete NAT and resolve any assessed fees by the applicable deadlines, you may be enrolled as involuntarily inactive and become ineligible to practice law.
The New Attorney Training Program courses can be accessed through My State Bar Profile. The fee to access all nine courses is $55. Fee waivers are not available.
To purchase the courses:
Log in to My State Bar Profile.
Locate the e-learning section toward the bottom of the home page, and select “E-Learning Portal.”
On the E-Learning Dashboard’s top navigation bar, select “View Catalog.”
In the search box, type “New Attorney Training.”
Select “Add to Cart” and complete the checkout process.
After you purchase the courses, when you return to the E-Learning Dashboard, select “Not Started” to locate the course you want to start. Then, select the red + button to the right of the course title, and select “Launch.”
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.
You have two options: (1) You can return to California and follow the instructions for being re-fingerprinted by a Live Scan vendor using the same OATI number; OR (2) You can order fingerprint cards and follow the instructions for out-of-state attorneys or out-of-country attorneys.
The Handbook on Client Trust Accounting for California Attorneys is the primary resource. The State Bar also maintains an online list of resources on client trust accounting as well as information about IOLTA (Interest on Lawyer Trust Accounts) requirements. If you have questions, please fill out the Licensee Records and Compliance Inquiry Form.
Absolutely! All attorneys are encouraged to contribute their time and/or financial support. Please consider making a contribution directly to a pro bono legal services provider, or contribute to the Greg E. Knoll Justice Gap Fund annually through the State Bar licensee fee statement or on the State Bar’s website.
No. To complete the audit you need to submit proof of completion of the required number of participatory courses. At least one-half of any MCLE requirement must be completed via participatory courses.
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.
For more information, see the LAP Growth Grant Criteria.
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.
A Registered Foreign Legal Consultant is admitted to practice and is in good standing as an attorney, counselor at law, or the equivalent in a foreign country and has a current State Bar Certificate of Registration as a Foreign Legal Consultant. A Registered Foreign Legal Consultant may practice the law of their country in California but may not practice California law. Please see rule 9.44 of the California Rules of Court and Title 3, Division 3, Chapter 4 of the Rules of the State Bar.
The State Bar does not oversee Live Scan vendors and cannot endorse or recommend vendors to attorneys.The DOJ has a list of certified Live Scan vendors. Attorneys are encouraged to select a California DOJ certified Live Scan vendor.
None. IOLTA only involves funds that a lawyer would not otherwise invest on the client's behalf because those funds would not produce net income over the cost of investing them.
Administers the Client Security Fund, which reimburses those who have lost money or property due to theft or dishonest conduct by a California attorney. Supports law students, State Bar applicants, and current and former attorneys who require monitoring for substance use and behavioral health issues, including attorneys participating in the State Bar Court’s alternative discipline program. In addition, the office administers the voluntary portion of the Lawyer Assistance Program, which provides a variety of services to help law students, State Bar applicants, and current and former attorneys who are struggling with substance use, behavioral health issues, or other personal and/or career concerns. The office also monitors attorneys who are disciplined and must comply with conditions pursuant to a probation or reproval matter.
Carries out all activities that enable the California Supreme Court to grant licenses to newly qualified entrants to California's legal profession. The office develops, administers, and grades the California Bar Exam and the First-Year Law Students’ Exam and conducts moral character investigations of all applicants. The office is also responsible for California's uniquely diverse pathways to the law. It supports the Committee of Bar Examiners in accrediting California-accredited law schools and registering unaccredited law schools. It also administers programs that allow lawyers licensed in other jurisdictions or law students to practice in certain defined, limited areas, as well as programs to certify specialists in 13 areas of legal practice. In 2020, the office developed a new program for the provisional licensure of recent law graduates and others.
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