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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.
No. If you already reported criminal information to the State Bar in the moral character process or under the self-reporting mandate, you are not required to report the same information again.
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The State Bar certifies specialists in 11 areas: Admiralty & Maritime, Appellate, Bankruptcy, Criminal, Estate Planning, Family, Franchise & Distribution, Immigration, Legal Malpractice, Taxation, and Workers' Compensation. If you have questions, please fill out the Licensee Records and Compliance Inquiry Form or call 415-538-2120.
No. County employees are not exempt. Employees of California Superior Courts are exempt from MCLE requirements.
You may apply the MCLE credit from courses approved by many states and a few overseas jurisdictions if you were physically outside California when you completed them. This is by rule, so no special forms or requests are needed. Check the approved jurisdictions list on the State Bar website.
Yes, the same instruction time can be allocated to a legal specialty area and to one of the subfields.
Payment and scaling declaration must be received by the State Bar of California no later than April 1, 2025, to qualify under the fee scaling criteria. Payments and fee scaling declarations submitted after April 1, 2025, will incur a penalty. The penalty will be eligible for fee scaling but reinstatement fees, if applicable, are not eligible for scaling.
Yes, the fee scaling declaration is available online through your My State Bar Profile.
Your participation in this program is voluntary to resolve the debt that is owed to the State Bar. If you choose not to take advantage of the Fresh Start Settlement Program, the State Bar reserves all rights to pursue, or continue to pursue, any and all available legal remedies to recover the total owed debt, including without limitation reporting the debt to FTB, credit reporting agencies, entry of a Superior Court money judgment and/or pursuing legal actions.
If you were an active or voluntarily inactive licensee as of January 1, 2025 and do not participate in the Fresh Start Settlement Program, or are not able to reach a settlement, you are required to pay your outstanding discipline costs, monetary sanctions and/or Client Security Fund reimbursements as originally ordered by the Supreme Court of California, State Bar Court and/or the Client Security Fund. If you were granted an extension of time to pay costs, your extension order will still be valid.
If you reject the settlement offer and are experiencing extreme financial hardship, please enter an amount you would be able to pay on the feedback form or indicate in the comments that you are experiencing financial hardship. You will receive an email with a link to a questionnaire about your financial situation. All information and attachments will be kept securely and confidentially. The State Bar will review the answers in your questionnaire and email a response from eConciliador.
Settlements made through the Fresh Start Settlement Program will supersede any existing installment order from State Bar Court.
If you reach a settlement and complete payment through the Fresh Start Settlement Program, the State Bar will thereafter consider the eligible debt as itemized on your Fresh Start Settlement Program account paid in full for all purposes, including petitioning for reinstatement to the practice of law. This is not to imply reinstatement is automatic or guaranteed; standard reinstatement petition procedures would be required. Further, settlement through Fresh Start will not resolve outstanding probationary obligations or other outstanding costs, such as unpaid annual licensee fees and penalties, unpaid compliance fee and penalties, payments due to LAP, restitution due directly to individuals, etc. The program's settlement authority is limited to debt; we do not have legal authority to change other legal requirements for reinstatement to the practice of law.
For further information regarding reinstatement, please visit the State Bar Court website and see the FAQs. If you have a specific question about the court's reinstatement procedures that is not answered on the website, please call the court's main lines: 213-765-1400 in Los Angeles and 415-538-2050 in San Francisco. However, the court cannot provide specific advice on whether you are eligible for reinstatement.
Yes. Employers may choose to commit to and implement the Action Items for either their entire firm or only their California offices. If an employer commits to and implements the Action Items for specific offices, only those offices would be listed as participating employers and eligible to use the DEI Leadership Seal on their materials.
DEI Leadership Seal recipients who want to advance tiers must complete and submit a DEI Leadership Seal Tier Advancement Application and supporting documentation. The State Bar will provide several opportunities throughout the year for seal recipients to submit this documentation and advance tiers. Seal recipients that want to advance tiers must still submit an attestation form to affirm implementation of the Action Items for which their materials have already been reviewed and approved.
Please email DEILeadershipSeal@calbar.ca.gov with any questions or feedback.
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