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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 proportional requirement rules specify that if a licensee is subject to the MCLE requirement for four months or less, s/he does not need to comply with the MCLE education requirement for that compliance period.
Thus, if an attorney was admitted in December and his or her Compliance Group's deadline is less than 2 months away, it is unnecessary to comply with the MCLE requirement for that compliance period. The next compliance period for this group begins on February 1, and an attorney can count only activities earned on or after February 1 toward the requirement for that next compliance period. (There is no carryforward of credit hours from one compliance period to the next. [Rule 2.72(D)])
If you are at an overseas fingerprint vendor and the technician fails to sign the fingerprinting cards, please contact FingerPrinting Card Request for further assistance.
No, this is not an error. The DOJ Live Scan process requires the employer section of the form to indicate “The State Bar of California.” As part of DOJ and FBI procedures for sharing any criminal offender record information, the entity receiving this information must be listed under the employer section of the Live Scan form. The Live Scan vendor must enter specific information provided on the Live Scan form into the Live Scan software to ensure any information regarding the person’s criminal offender record information goes to the correct agency.
Please do not modify the prepopulated Employer section of the form. Changes to this section could result in failure to successfully submit your fingerprints to the DOJ.
It costs $32 for the DOJ to run a criminal record check and $17 for the FBI to do so, for a total cost of $49. Vendor processing costs differ by vendor, but range from $5 to $75, with an average cost of $33. A list of California Live Scan locations and costs can be found online (DOJ website).
It depends on your State Bar license status. All licensees on active status, regardless of job title, are required to comply with the fingerprinting rule requirements. Those on inactive status are not. Judges of courts of record whose status is Judge in State Bar records are not required to be fingerprinted unless and until they return to active status.
The criminal record information provided by the DOJ and FBI includes arrest and conviction records. The DOJ does not have a policy to limit criminal record information to only include convictions.
Please submit your information both online and by email, fax or mail. We will review the submission and let you know if you need to correct any deficiencies or provide further documentation. Once the administrative portion of the audit has been completed, you will be notified by mail. Attorneys who attested to compliance but failed to provide sufficient proof may be referred to the Office of Chief Trial Counsel for further investigation and/or disciplinary prosecution.
State Bar investigations and inquiries are, by statute, confidential. The complaint becomes public when disciplinary charges are filed against an attorney in State Bar Court. By law, however, any other pending investigations involving the same attorney must remain confidential at that point. If it is determined that public protection is seriously at stake in a particular case, the Chief Trial Counsel does have the authority to publicly reveal a pending investigation.
Under limited circumstances, the Board of Trustees, or the Chief Trial Counsel and Chair of the Board of Trustees, may waive confidentiality, but any public disclosure will remain limited to confirming the fact of a complaint or investigation; a brief factual summary to identify the subject matter of the complaint or investigation; and the status of the complaint or investigation.
If criminal conduct is suspected, the State Bar may also refer the matter to a law enforcement agency for investigation and potential prosecution.
There is no specific MCLE requirement for reactivation. An attorney will receive a 60-day notice to comply soon after reactivation. However, for attorneys who have been Inactive for two (2) or more years, previously accrued hours may have all been tolled off.
We can accommodate only one passport-type photo within your profile on the State Bar's website, which you can update as needed. However, including a link to your firm's website will give you the opportunity to provide additional information.
The State Bar of California is not an attorney referral service. The online directory is informational and there is no guarantee that the lawyer contacted will agree to take your case. An attorney’s decision of whether or not to take a case is a matter between you and the attorney. The State Bar has no influence over that process.
Some attorneys have chosen to voluntarily provide the following additional information, which is not considered part of the official record and which has not been verified by the State Bar:
In order to voluntarily terminate the LLP's Certificate of Registration with the State Bar, you must submit an original certified copy of the Secretary of State's LLP-4 form (including the blue and white cover sheet with red date stamp), showing that the entity ceases to exist as a limited liability partnership. Pursuant to 9.0 of the State Bar's LLP Rules and Regulations, the termination shall be effective as of the date the LLP is dissolved by the Secretary of State.
Yes. You lose your exemption for the entire compliance period, with the exception of "qualified" pro bono work (see details below).
Full-time employees of the State of California or the United States government are exempt under 2.54(A)(3) and 2.54(A)(4) only if the sole legal work done by the attorneys is within the scope of their employment.
If these attorneys engage in any legal activity outside the scope of their employment, including pro bono work (see below for exception) or legal work for the attorney personally, close friends or immediate family (such as drafting a will for a relative, reviewing a contract for a non-profit association of which the attorney is a member and giving advice respecting it, they are not covered by the exemption of section 2.54(A)(3) and 2.54(A)(4) and must comply with the full MCLE requirements.
If you claimed exempt status for any portion of the compliance period, please complete the MCLE Online Summary Log by selecting “Yes” in the Exempt box and provide a letter from all of your supervisors confirming your titles and dates of employment relative to the MCLE compliance period along with the MCLE Audit Submission Cover Sheet by the deadline. If you also have a proportional requirement you should submit the necessary number of certificates.
You don’t have to attend an admissions ceremony to take the attorney’s oath. You can also appear before a judge, justice or clerk of the court, State Bar of California trustee, military commanding officer, an American consul or anyone authorized to administer oaths. For more information, see this list of people who are qualified to administer the oath.
Yes, see Forms.
The MCLE Compliance Department does not keep track of the education an attorney has completed: Attorneys are responsible for keeping certificates of attendance and a record of self-study activities. These records should be used to tally hours.
Certificates of attendance list the overall amount of credit available for an activity and whether any credit is available for legal ethics, prevention of substance abuse, or elimination of bias in the legal profession. Contact the provider directly regarding lost certificates of attendance or if information about an activity is incomplete.
Special Masters serve without compensation, but for purposes of immunities are considered public employees of the government entity causing the search warrant to be issued.
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