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.
How do I file a complaint against my lawyer or a lawyer referral service?
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.
When are the annual fees due?
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).
What activities qualify for general MCLE credit?
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.
What is IOLTA?
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.
Do I need to identify myself in any particular way?
Yes. When providing legal services pursuant to rule 9.45, you must use the title "Registered Legal Services Attorney." That title may not be used in connection with any other activities, and you may not in any way hold yourself out as a licensed attorney of the State Bar of California.
Am I eligible if I am a California resident?
No. (Rule 9.47 & 9.48)
Do I have to take the California bar exam?
No. You must meet all of the requirements for admission to the California bar except that you do not need to take the bar exam or the Multistate Professional Responsibility Exam.
If I have been disciplined by an attorney regulatory or other regulatory agency, does my disciplinary history affect my eligibility?
No. Notwithstanding a prior disciplinary history, if you are currently licensed and entitled to practice law, you may register as a legal services attorney. However, a record of discipline could lead to an adverse moral character determination depending on the nature of the circumstances leading to the imposition of discipline, the nature and amount of rehabilitation that has taken place, and the length of time since the events that led to discipline. For more information, go to www.calbar.ca.gov>Bar Exam>Moral Character.
Will registered legal services attorneys or in-house counsel receive a certificate of registration?
Yes. They will receive a standard certificate once the registration process is complete.
Are there any special advertising requirements?
Yes. You must indicate on any advertising accessible in California (including internet ads) either that you are not a California bar attorney or that you are admitted to practice only in the states listed in your advertising.
Are there any special advertising requirements?
Yes. You must indicate on any advertising accessible in California (including internet ads) either that you are not a California bar attorney or that you are admitted to practice only in the states listed in your advertising.
I went on My State Bar Profile (MSBP) and cannot download the Live Scan form, what should I do?
Non-compliant attorneys should contact the State Bar when unable to download an individualized Live Scan form from their My State Bar Profile.
How will I know if I qualify for a reduction in processing fees due to financial hardship?
Only attorneys who have been granted certain fee reductions in their annual licensing fees are eligible for fee reductions. If you qualify for such a reduction, you will be notified via an email notice.
I am unable to be fingerprinted due to a disability. What should I do?
Will the State Bar receive subsequent arrest and conviction information from the federal government?
No. The State Bar will only receive subsequent criminal offense information from the DOJ, which is limited to criminal activity reported through California’s criminal justice system. While the FBI will provide the State Bar with criminal offense information upon initial receipt of an attorney’s fingerprints, the State Bar will not receive subsequent information from the FBI.
Am I automatically a member of the bar if I passed the exam?
No. You will not be considered eligible for State Bar membership unless you have met all the admission requirements. Log into your account and check your admission status to determine whether you have met all requirements and are eligible to take the attorney’s oath. If you have not met all requirements, check to see what still needs to be done.
Although I can provide additional information about my practice area, it doesn't seem like you can search by practice area.
Although any self-designated areas of practice will be listed within your individual profile, the Board's resolution authorizing this feature specifically limits the search criteria to name, firm name, location/geography, certified legal specialization and language(s) spoken.
What is MJP?
MJP refers to multijurisdictional practice. New California Rules of Court 9.45, 9.46, 9.47 and 9.48 permit certain categories of attorneys not licensed in California ("non-California attorneys") to practice here to a limited extent.
What is an "expanded" profile and what are its advantages?
Expanding your profile allows you to add information such as a photo of yourself, languages spoken in your law office, areas of practice and a link to your (or law firm's) website.
Can I find an attorney who speaks my language?
It is possible to search the online directory by a particular language either spoken by the attorney or a member of the law firm’s staff. Once your search is completed, attorneys who indicated that they or their employees speak your language will be displayed in random order. You may click on an attorney’s name to get all of their information.
What are the requirements to register as a law corporation with the State Bar?
A Certificate of Registration as a Law Corporation will be issued if the applicant is a professional corporation certified by the Secretary of State and each shareholder is an active member of the State Bar or licensed to practice in the jurisdiction or jurisdictions in which the person practices. For a complete list of requirements, read the Law Corporation Rules of the State Bar of California.
What authorization does the State Bar have to require that I fill out the online form or submit to the audit?
The State Bar was charged with administering the MCLE program by an act of the California Legislature which amended B&P code to require MCLE for attorneys. The Supreme Court also authorized the program by rule of court, giving the State Bar authority to administer the program and to place non-compliant members on administrative Inactive status. State Bar MCLE Rule 2.73 authorizes the state bar to require certificates of attendance.
I don’t have any certificates for my self-study courses. How do I report those hours?
All of the hours taken, whether participatory or self-study must be logged on the Online Summary Log. The activities reported must be approved self-study activities.
Where do I mail the State Bar's copy of my application?
State Bar of California
Office of Special Admissions and Specialization
180 Howard Street
San Francisco, CA 94105
Contact us
Need additional help? Visit our Contact Us page for additional resources.