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.
Yes. You must renew your registration annually by filing the appropriate form and fees.
Am I eligible if I am regularly employed, or regularly engage in substantial business or professional activities, in California?
No. (Rule 9.47 & 9.48)
What is Registered In-House Counsel? (Rule 9.46)
An attorney who is licensed to practice law in one or more U.S. jurisdictions other than California, resides in California, provides legal services as in-house counsel for a single qualifying institution in California, and is registered by the State Bar of California. See General Information FAQs for additional information.
If I failed the California Bar Exam after my registration as a registered legal services attorney, would my status be affected?
No. If you have successfully registered as a legal services attorney, your status will not change if you thereafter fail the California Bar Exam.
Under 9.46, may a non-California attorney register to work with more than one qualifying institution?
In-House Counsel may only register to work with a single qualifying institution.
Am I eligible if I have resigned with charges pending, or been disbarred or suspended from the practice of law in any other jurisdiction?
No.
How can I get a hard copy of the renewal packet?
Renewal packets are available by calling the Office of Admissions at 213-765-1519 or by sending an e-mail to mjp@calbar.ca.gov.
Should I use a specific browser to access the AIMS?
For maximum performance, you should use Google Chrome to access the AIMS.
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What security training and certification do Live Scan vendors complete in order to submit fingerprints to the DOJ?
The State Bar has no authority and involvement with the security training and certification of Live Scan vendors. California law requires any individual who rolls fingerprints manually or electronically for licensure, certification and/or employment purposes to be certified by the state Department of Justice (Penal Code section 11102.1). For more information go to the California Department of Justice website.
Is the State Bar covering the costs of fingerprinting?
No. However, attorneys granted a specified fee reduction at 25 or 50 percent rate will be eligible to receive a one-time credit on their annual billing to cover a portion of the DOJ and FBI processing fees.
I am an inactive attorney. Do I need to satisfy the fingerprinting rule requirements?
No. Currently, you are not required to take any action. Prior to returning to active status, you will be required to satisfy the fingerprinting rule requirements.
I practice under my birth/maiden name but my identification is in my legal/married name.
After you print your Live Scan form, when you add in other required information, you can add your other/legal name to the form by writing it in the space labeled “Other Name (AKA or Alias)” that appears underneath your name of record on the form.
I didn’t pass the bar exam. How do I sign up for the next one?
The California Bar Exam is scheduled two times a year in February and July. The application as an immediate repeater is available online after the results are posted, usually in mid-May and mid-November. You can register for the next exam on the State Bar website. After the deadline, you will have to pay a late fee.
Who is included in randomized search results?
Randomized search results include all attorneys licensed by the State Bar:
who are on Active status who meet the search criteria, and
who have not opted-out of this feature.
How much credit do I get for attending a participatory education activity?
If an activity or provider is approved by California, the provider is required to give a certificate of attendance for participatory education activities that lists total credit hours and the number of those total hours allocated to the special requirements (i.e. legal ethics; detection, prevention and treatment of substance abuse; and elimination of bias in the legal profession). An attorney can claim credit only for the amount of time actually attended.
For information about attending a participatory activity outside California, go to Approved Jurisdictions.
What is the Client Security Fund and how does it work?
The Client Security Fund reimburses clients who have lost money or property due to theft or other dishonest acts by a California lawyer acting in a professional capacity. Supported entirely by lawyers’ annual fees, the fund reimburses eligible applicants up to $100,000. See the State Bar pamphlet The Client Security Fund Can Help You for more information.
What is the Advanced Attorney Search feature?
The Advanced Attorney Search is a feature which can be:
helpful in finding a particular attorney when a person doesn't know the attorney's exact name or bar number.
used by potential new clients who are seeking representation and would like to search for attorneys that meet some basic criteria.
Call the State Bar’s telephone line to assist you in locating the nearest lawyer referral service. The toll-free number for callers inside California is 1-866-442-2529 (1-866-44CALAW). Callers outside California can dial 1-415-538-2250.
Do I have to be a permanent or probationary employee in order to be exempt?
Yes. However, retired attorneys (annuitants) and consultants do not meet the standard of being a permanent or probationary employee and are not exempt from MCLE compliance.
I joined the Bar towards the end of the compliance period. How do I calculate my proportional hours?
This link includes a table you can use to verify your proportional requirement: