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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.
Yes. A copy of your moral character application can be requested by submitting a Service Request Form with the applicable fee as a General Request in the Applicant Portal. Please allow approximately 30−45 days to process the request.
All funds received by a lawyer in connection with legal representation in which a client or a third party has an interest are funds that must be deposited in a trust account. Examples include advances for fees received from clients (until they are earned by the lawyer), funds of others that are being held for disbursement at a later time, personal injury awards, and litigation settlements.
Client and third-party funds must be held in either an IOLTA or non-IOLTA type client trust account. The definitions of each are as follows:
IOLTA—An attorney or firm that holds funds for a client or third party that are nominal in amount or are held for too short a time to earn interest income for the benefit of the client or third party in excess of the cost to hold the funds in a separate account is required to place those funds in an IOLTA account. (Bus. & Prof. Code, § 6211, subd. (a)). A California IOLTA account must be established and maintained with an eligible institution that offers IOLTA accounts that meet certain requirements. The State Bar website has a list of IOLTA-eligible institutions.
Non-IOLTA—An attorney or firm that holds funds for a client or the benefit of a single party in a matter that is large enough to generate more than nominal interest, or an attorney who holds funds for a single party for an extended period must hold such funds in a non-IOLTA trust account. An example would be funds held by the administrator of a family trust. The attorney must use a non-IOLTA account because these entrusted funds will earn interest in excess of the costs to maintain the account. The interest earned goes to the client or third party. (Bus. & Prof. Code, § 6211, subd. (b)).
When registering a client trust account as part of CTAPP, you must identify the trust account type. The account will either be IOLTA or non-IOLTA; an account will never be both. The account type was established at the time the account was opened and does not change. A California IOLTA must bear the State Bar of California’s Taxpayer Identification Number to ensure that interest or dividends generated by this account will be paid to the State Bar’s IOLTA program. A non-IOLTA will bear the Social Security Number or Tax ID number of the client or third party.
If you have already completed your CTAPP reporting for the current period and you want to change an answer before the reporting deadline, you can access the CTAPP reporting page by logging in to My State Bar Profile. On your Client Trust Reporting page (third blue tab at the top), click the CTAPP Annual Reporting tile. You can click through the pop-up warning that says you have already submitted your CTAPP Annual Reporting declaration and that you will have to resubmit your declaration, or you will be out of compliance. NOTE: Even if you make no changes, be sure to click all the way through and resubmit your declaration.
A lawyer must report any changes to their client trust account to the State Bar within 30 days. A lawyer may add or close an account using the 30-day reporting window in My State Bar Profile, and a firm administrator may add or close an account or add or remove an attorney from an account through the 30-day reporting window in the Agency Billing platform. When a firm administrator adds a new attorney or removes an attorney from a trust account, they provide the effective date and reason for the disassociation as part of the reporting.
The trust account reporting system does not allow changes to routing numbers or account numbers of previously registered trust accounts. To report this change, please close the registration of the existing account by clicking the “Update Account Information” link and then entering, in the “Edit Close Date” tab, the date the account was changed to the new routing and account number. You will also need to enter the balance on that date.
You can then register the account with the new routing number and account number. In the open date field, please enter the date the account was changed to the new routing and account number. Please be sure to enter the bank balance of the new account as of December 31.
Unless exempt (see FAQ 2.3, above), California licensees, regardless of where they practice, must still comply with the CTAPP reporting requirements. A licensee who was responsible for client funds and funds entrusted by others under the provisions of rule 1.15 of the California Rules of Professional Conduct must, annually, register each and every trust account in which the licensee held such funds at any time during the reportable time period by identifying account numbers and financial institutions in a manner prescribed by the State Bar for such reporting. There is no exception for out-of-state accounts.
Under Business and Professions Code section 6073.1(c), pro bono legal services means “providing or enabling the direct delivery of legal services without expectation of compensation from the client other than reimbursement of expenses to any of the following:
Generally, pro bono work performed through any State Bar legal aid grantee organization or through “a nonprofit organization that provides civil legal services for the poor without charge” qualifies as pro bono legal services and should be reported. See Business and Professions Code section 6159.51.
Attorneys are asked to use their best good-faith judgment when determining what qualifies.
You must submit a Registration Application in addition to the Application for the Law Office Study Program, the required documentation, and the applicable fees in the Applicant Portal at least 30 days prior to beginning your legal studies in a law office or judge’s chamber. You will not receive credit for any study completed if the State Bar does not approve your applications.
Please do not submit the LOS application before you have found a qualified supervising attorney or judge.
To resume study after you have been terminated from the LOS Program, you must submit a new Application for the Law Office Study Program, the required documentation, and the fee in the Applicant Portal 30 days prior to the date you plan on resuming your legal studies.
If you answer “No” to the introductory question “Would you like to resume where you left off?” the course is reset to the beginning and saves over the earlier copy saved for your e-learning account. You will need to view the course again, including all screens or modules previously completed, in order to complete the course and obtain the MCLE certificate. It is not possible to reset or restore a course to a particular location as marked in a previously saved version of the course.
The six equal payments are scheduled between May 1, 2025, and October 1, 2025.
If you are assessed a noncompliance penalty, you will be removed from the installment plan and required to pay all remaining fees and costs in full by June 30, 2025.
Maybe. If you click "Pause" while you are in the application, you will be able to return to the pending PHV application.
To return to the paused PHV application:
You cannot return to a pending PHV application if you exited the application without clicking "Pause" or if a technical issue occurred that prevented you from clicking "Pause" before exiting the application. If this happens, you'll have to start over from the beginning.
Yes, the rules allow for multiple supervisors. The supervisors may work within the same law firm or at a different law firm if you will be employed or volunteer at more than one organization.
To add a Supervising Lawyer, replace your main PLP employer, or update your employer’s address or contact information, you must submit the PLP Employment Update Notice in the Applicant Portal. There is no fee associated with this change. You must submit a declaration from each Supervising Lawyer with your PLP Employment Update Notice. You may not work as a PLL at any organization or under a new supervisor until the State Bar has approved your PLP application.
First-time takers of the February 2025 CBX in the PLP must complete the New Attorney Training Program five months from the approval of their PLP application or by May 31, 2026, whichever is sooner.
The New Attorney Training Program costs $55. After logging into the LMS portal, you will need to purchase the New Attorney Training Bundle.
Simply browse the course catalog, select the course you're interested in, and click “Add to Cart.” Once you complete checkout, you’ll have immediate access to the course through your account dashboard.
Make sure that you have completed all interactive elements on the screen. The “NEXT” button will only activate once all of the screen elements have been completed. In addition, please allow the screen seek bar to progress on its own. If you manually drag it to complete the course, the “NEXT” button may not activate properly.
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:
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.
In addition to reporting pro bono legal services, Business and Professions Code section 6073.2(b)(2) requires attorneys to report the amount of reduced fee legal services hours performed for low-income individuals, nonprofit organizations, or public law libraries established under section 6360. Some examples of reduced fee legal services might include offering affordable help through programs like bar association reduced fee panels or legal clinics that provide services on a sliding scale.
Per Business and Professions Code section 6073.1(d), reduced fee legal services means “providing or enabling direct delivery of legal services at a substantially reduced rate affordable to persons of limited means to either a person of limited means or a person or organization identified in subparagraph (A), (B), or (C) of paragraph (1) in subdivision (c) of section 6073.1.”
You can reach the Ethics Hotline in two ways:
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