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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.
While a licensee is on inactive status, that licensee cannot practice law. An inactive licensee who engages in the practice of law may be guilty of a misdemeanor. (See Bus. & Prof. Code, §§ 6125–6126, 6068, subd.(a), & 6106. See also In the Matter of Burke (Review Dept. 2016) 5 Cal. State Bar Ct. Rptr. 448.) Additionally, a licensee on inactive status may have a duty to inform their client(s) or a tribunal that they are ineligible to practice law. (See Rules of Professional Conduct 1.4 and 3.3.) If you have further questions about the unauthorized practice of law, 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.
Reinstatement of your license requires payment of any applicable fees, completion of the past due CTAPP reporting requirements, and applying for reinstatement. To submit payment of applicable fees, please log in to My State Bar Profile and click the “Pay Fee” link on the CTAPP Annual Reporting tile on your Compliance Dashboard or click the blue “Make a payment” button on the Profile Summary page to go to the “Annual Fee” page. You should go to the Annual Fee page to pay outstanding fees even if you have already paid your annual licensing fee for 2026. From there, click the blue “Calculate and pay my fees” button to see a breakdown of the fees owed. Click continue and follow the steps to complete your payment.
If you were involuntarily enrolled as inactive for noncompliance in 2026, you can complete your CTAPP reporting in My State Bar Profile and then complete and submit the first page of the CTAPP Noncompliance Reinstatement Form. If you were involuntarily enrolled as inactive for CTAPP noncompliance in 2023, 2024, or 2025, you will need to complete and submit the first page of the CTAPP Noncompliance Reinstatement Form and the attached CTAPP reporting forms for all missing years.
For help registering your trust accounts in Step 2 of CTAPP in My State Bar Profile, please see the Client Trust Account Updates Guide.
The required self-assessment is a tool to help attorneys evaluate their current practices and to provide citations to relevant rules and other references, including sections of the Handbook on Client Trust Accounting for California Attorneys. The objective is to promote awareness of duties and facilitate thoughtful consideration of any possible changes to an attorney’s current practices.
Given the great variety of practice settings, including situations where an attorney’s practice is conducted in part or completely in another state with different rules, an attorney might appropriately respond “no” to a self-assessment item. Responding “no” should not be considered a wrong answer when that response accurately reflects an attorney’s current practices. However, if you respond “no” to any question, you may want to consider carefully whether you should make changes to your trust account management practices. Even if you decide not to change your trust account management practices, you should consider documenting in your records the purpose of any “no” responses. The self-assessment questions may be reviewed if you are selected for a compliance review. Documentation will assist the reviewer to quickly understand the purpose of the firm’s practice.
In taking the self-assessment, if an attorney is unsure about how California rules and recordkeeping standards apply to a specific practice setting, an inquiry to the Ethics Hotline research service at 800-238-4427 (toll-free in California) can be helpful. The Ethics Hotline might be able to provide more citations and resource references than the ones included in the self-assessment. The Ethics Hotline cannot provide legal advice, nor tell you how to comply with any of the CTAPP requirements, including the self-assessment.
Only by thoughtfully and honestly completing the self-assessment will an attorney realize the benefits of this compliance tool. Please keep in mind that the self-assessment questions are framed in the present tense and as such, they do not elicit information about prior conduct. Most importantly, what is learned from the self-assessment should inform an attorney’s future conduct in providing competent and professionally responsible services when handling funds and property of clients and others.
The State Bar encourages, but does not require, active California licensees to provide pro bono legal services each year. While providing pro bono or reduced legal fee services is not mandatory, licensees are required by Business and Professions Code section 6073.2 to annually report the amount of these services performed each year. Licensees will report either their hours in ranges (e.g., less than 1 hour, 1–5 hours, 6–10 hours, 11–19 hours, etc.), that they did not track their pro bono or reduced fee legal services hours, that they did not complete any pro bono or reduced fee legal services hours, or that they decline to answer.
MCLE records should be kept at least one year from the date compliance is reported online. Records should be kept in the event that an attorney's compliance is audited. Go to Compliance Information for information on what records to keep.
The assigned investigating commissioners personally interview the candidate; the commission as a whole does not.
The State Bar certifies professional law partnerships to allow attorneys to limit their vicarious liability for the acts tortious or otherwise, of their partners and employees.
LLP information.
Submission of falsified documentation will result in a referral to the Office of Chief Trial Counsel for further investigation and/or disciplinary action.
No. Please do not submit your receipts. A receipt is not considered sufficient proof of course completion. If you cannot find your certificates, contact the provider, send them your receipts, and ask for their assistance in helping provide proof of course completion.
Providers are required to maintain proof of attendance for four years. Contact your provider to obtain your certificates of attendance and exhaust all possible avenues to find your attendance records before completing additional courses. Submitting out of period coursework may result in your audit file being referred to the Office of Chief Trial Counsel for further investigation and/or disciplinary prosecution.
The filing fee is $50, per attorney, per proceeding.
You may claim credit only for education activities taken on or after the first day of the month in which you are admitted (sworn in) to The State Bar of California.
A Special Master accompanies a peace officer serving a warrant. The Special Master informs the party being served of the specific items being sought and gives that person an opportunity to voluntarily provide the items requested. If the items are not voluntarily produced, the Special Master conducts a search in the areas indicated in the search warrant. All items, whether produced voluntarily or seized, are then sealed until a court hearing is held to determine if the items are privileged. Special Masters receive a handbook describing the program in greater detail.
Special Masters must be active members of the State Bar in good standing for at least five years. To avoid potential conflicts of interest, attorneys who devote a substantial amount of their practice to criminal law are not eligible to serve as Special Masters.
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