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.
I want to go through the streamlined approval process based on prior accommodations on a high-stakes exam. How do I submit the request?
All applicants requesting testing accommodations through the streamlined approval process must submit a complete Testing Accommodations Application through their Applicant Portal, certify they are currently experiencing the same functional limitations as when they took the high-stakes exam, and upload a copy of their accommodation verification letter. Please keep in mind that the testing accommodations application is a separate application from the bar exam application.
Certain prior accommodations will be approved by the State Bar without the need for further documentation if all the following are satisfied:
The prior accommodations were approved for a permanent disability;
You are requesting the same (or lesser) accommodations granted on the high-stakes exam;
The State Bar offers equivalent testing accommodations deemed eligible for the automatic approval process;
You submit proof of the prior approval of accommodations granted by the testing entity;
You certify you are experiencing the same function limitations by the permanent disability;
You submit a testing accommodations application with all sections completed; and
Your request is not for more than 100 percent extra time, and/or a private room.
Why does my Admittance Ticket say 2-day exam when I’ve been approved for extended days?
For all applicants, the Admittance Ticket will reflect whether they are approved to take the 1-day Attorneys’ Examination or the 2-day General Bar Examination. Your Admittance Ticket will not reflect extended testing days. Applicants should refer to their Testing Accommodations Notice, which will be provided to applicants with approved testing accommodations once logistics are confirmed for the exam.
How are the exam questions delivered?
For the FYLSX, applicants receive the multiple-choice questions electronically and must select their answers using a computer.
What if I do not have a passing MPRE score?
Pursuant to the California Rules of Court, rule 9.49(d)(1)(C), you must complete the legal ethics courses of the New Attorney Training Program within 30 days of the date of approval of your PLP application if you did not have a passing MPRE score on file when you submit your PLP application.
If you take the MPRE in August 2025, you may wish to apply for the PLP once your passing MPRE score has been uploaded to your Applicant Portal. We anticipate that scores from the August 2025 administration of the MPRE will be uploaded by the end of September. Please note that you must have designated California to receive your MPRE score and have your accurate NCBE number and Social Security Number in the Applicant Portal for the State Bar of California to upload your MPRE score.
Rule 9.49(a)(3)(C) says that by May 31, 2026, I must have a Supervising Lawyer who is committed to supervising me through the end of 2027, or until I pass the bar exam. Does this mean I cannot change my supervisor after May 31, 2026?
No. You must have a Supervising Lawyer who is committed to supervising you by May 31, 2026. However, you are still permitted to change supervisors, if the need arises, and in compliance with rules 9.49(e)(7)-(8), by submitting a PLP Employment Update application in the Applicant Portal with a declaration from each new Supervising Lawyer. You may not work at any organization unless you have submitted a declaration from a Supervising Lawyer with that organization, and the State Bar has approved your PLP Employment Update.
Do I need to submit a Certificate of Admission or Certificate of Good Standing with my PHV application to the State Bar of California?
No. However, you may submit Certificates of Admission or Certificates of Good Standing for each court to which you are admitted in lieu of listing each court and your standing in that court.
I’m a 2020 law graduate in the Original PLP. I have not yet passed the bar exam. I have satisfied all other program requirements, except that I recently received an adverse moral character determination. How long can I continue in the program?
If you have received a negative determination, you will be immediately suspended from the PLP and cannot practice as a PLL. However, you will not be terminated from the program until time has passed to request a review or final appeal, or the review or appeal has concluded. If following the review or appeal you are issued a positive moral character determination, you can continue in the program through December 31, 2025, while you seek to pass the bar exam. If you had other outstanding requirements as of May 31, 2023 (for example, you hadn’t yet received an 86 or higher on the MPRE), you will be terminated from the program as of May 31, 2023, regardless of the status of your moral character determination.
I received a positive moral character determination in 2018. Is that sufficient?
No. A positive moral character determination expires after three years unless you apply for an extension and it is approved by the State Bar. If your positive determination has expired, you must take action to participate in the PLP. You need to have either a current, nonexpired positive moral character determination or you need to submit a new Application for Determination of Moral Character, which is deemed complete and placed in filed status. Filed status means that our office has all the preliminary documentation required to begin the background investigation. Moral Character Applications are processed in the order received and can take up to two to three months for the initial review. If you submit your PLP application before the Moral Character Application is in filed status, your PLP application will say “Pending Internal Review.”
What are the key program requirements?
Participants in the Original PLP must, by May 31, 2023:
Have an active positive moral character determination.
Have achieved a score of 86 or above on the MPRE.
Have completed the 10-Hour New Attorney Training Program (for participants who have been in the program for one year or more, this training is required to have been completed within 12 months of entry into the program).
For those who did not have an 86 or above on the MPRE at the time of entry into the program, have completed within the first 30 days of provisional licensure the ethics portion of the New Attorney Training Program.
Participants in the Pathway PLP must, prior to the termination of the program, satisfy those same requirements, in addition to completing and documenting completion of 300 hours of supervised legal practice and receiving a positive evaluation from the supervisor as required by the State Bar. Only hours completed while an active participant in the PLP will count toward the 300 hours.
How do I find a supervising lawyer?
The California Lawyers Association (CLA) is collecting information about matching programs from around the state and has a provisional licensure e-community available to members where prospective supervisors and provisional licensees can connect. While the cost of joining CLA is minimal, if price is an obstacle to joining, CLA will provide assistance to individuals facing hardship if asked. Read more on the CLA resource page and find out how to join here.
If you plan to pursue a provisional license, you should let prospective employers know that and work with them to identify a potential supervising lawyer.
You must submit a signed declaration from your supervising lawyer with your application for provisional licensure. The declaration must confirm that you will be employed by, or volunteer at, the firm or organization of the supervising lawyer. The declaration must be submitted through the Applicant Portal; declarations sent via email and USPS are not automatically associated with the online application, which may delay processing.
Why does it take so long to complete the processing of my moral character application?
The State Bar receives a large volume of moral character applications, which are processed in the order in which they are received and deemed complete. The State Bar is unable to expedite applications. The duration of a moral character investigation varies due to factors such as the volume of applications received in a given time period, and whether timely responses to requests for information are received from the applicant or third parties. Generally, it takes a minimum of approximately 180 days, or six months, from the date the application is deemed complete and filed, to process a moral character application.
Can I take the California Bar Examination if I have a criminal record?
Yes. Eligibility to sit for the California Bar Examination is based upon your legal education. An applicant’s criminal history is addressed in the moral character application, which is separate and distinct from the bar exam application.
Do I have to disclose traffic violations?
Maybe. You are required to disclose traffic violations that resulted in a misdemeanor or felony conviction; any alcohol or drug-related traffic violation, regardless of its classification; and convictions for driving with a suspended or revoked license, or failure to appear in court.
How do I report my educational history if I attended a college multiple times or attended a school many years ago?
You are required to account for all education after high school. Please disclose each school you attended regardless of the duration of your attendance. If you attended a school during different periods of time, please disclose the school once and indicate each period of attendance at the school. You must upload a separate document to list each period of attendance.
What do I do if I do not know the supervisor’s email address?
Contact the employer and attempt to obtain the information. If you do not remember your supervisor’s name or your supervisor is no longer with the business, please enter "Human Resources" into the Full Name of Supervisor field and enter the appropriate information into the Email Address of Supervisor and Phone Number of Supervisor fields.
If the company is no longer in business (defunct), contact information will not be required once you indicate that the company is no longer in business.
Do NOT use your own email address or phone number.
Which email address should I indicate as my preferred email?
Please use a personal email address other than your law school email address. If you use a law school or work email address to which you lose access, you may not receive communications from the Office of Admissions.
My application is in drafted status, and I am experiencing technical issues. What is the best way to resolve the issue?
Please call 415-538-2450 and ask to speak with the Moral Character Person of the Day. Please be prepared to email a screenshot if the issue cannot be resolved over the phone. Some issues may take more time to resolve if technical assistance is necessary.
2.3 Who is NOT required to complete the CTAPP reporting requirements?
The only licensees who are exempt from the annual reporting requirement are licensees who were on voluntary inactive status for the entirety of the reportable time period. All other licensees, including those who were active, suspended, or not entitled to practice law at any point in the reportable time period, are required to complete the CTAPP reporting requirements for that reportable time period.
2.11 I am a licensed attorney and also a nonlegal professional (e.g., probate trustee, investment advisor, real estate agent, business manager, etc.). Do the Rules of Professional Conduct (e.g., rule 1.15) apply, and do I need to report and register any trust account as part of CTAPP?
When a licensee performs both legal and non-legal professional services for a client, the licensee is subject to the Rules of Professional Conduct with respect to all of those services. (See Cal. State Bar Formal Opn. Nos. 1982-69, 1995-141, and 1999-154.)
Therefore, a key question is whether the licensee is performing legal services and, as a result, is subject to rule 1.15 and the other Rules of Professional Conduct. If not, and the licensee is merely a real estate broker who happens to be a lawyer, rule 1.15 may not apply. Similarly, if the licensee is a trustee but did not perform any legal services related to the creation of the trust and does not perform any legal services related to the trust, rule 1.15 may not apply. On the other hand, if the licensee is acting as both the real estate lawyer and broker, and the lawyer receives entrusted funds from, or for, the transaction, rule 1.15 would apply, and any accounts need to be reported and registered as part of the licensee’s CTAPP compliance. The same is true of lawyers providing other non-legal professional services, regardless of whether they, as a trustee, for example, report to the probate court.
If you have further questions on dual capacity, including whether you are responsible for complying with any of the requirements or prohibitions in rule 1.15, please contact the State Bar’s Ethics Hotline research service at 800-238-4427 (toll-free in California). The Ethics Hotline cannot provide legal advice, nor tell you how to comply with any of the CTAPP requirements, including whether to answer “yes” or “no” in any portion of the CTAPP reporting requirements.
Why am I required to report my pro bono hours to the State Bar?
The State Bar collects information on attorneys’ pro bono and reduced fee hours to better understand how these services are being provided across the profession. The data will be analyzed to identify trends, support efforts to expand access to legal services, and help address the justice gap. All reported data will be aggregated and not linked to individual attorneys.
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