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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.
You have two options: (1) You can return to California and follow the instructions for being re-fingerprinted by a Live Scan vendor using the same OATI number; OR (2) You can order fingerprint cards and follow the instructions for out-of-state attorneys or out-of-country attorneys.
The Handbook on Client Trust Accounting for California Attorneys is the primary resource. The State Bar also maintains an online list of resources on client trust accounting as well as information about IOLTA (Interest on Lawyer Trust Accounts) requirements. If you have questions, please fill out the Licensee Records and Compliance Inquiry Form.
The IOLTA Program is a department within the State Bar of California that administers IOLTA accounts, as well as two other sources of funding for free civil legal aid to low-income and indigent people: the California Equal Access Fund and the Greg E. Knoll Justice Gap Fund.
The State Bar initiated the IOLTA Program due to the lack of resources available for indigent clients who are in need of civil legal services. The substantial amount of money the program generates makes it possible for hundreds of thousands of these people to get the legal help that they need every year.
A 21-member Legal Services Trust Fund Commission appointed by the State Bar's Board of Trustees and the Chief Justice (on behalf of the Judicial Council of California) oversees the Trust Fund Program. Two-thirds of the commission members are attorneys and one-third are public members.
At least two of the 21 members must be "indigent persons" as defined by law. Three judges serve as non-voting advisors to the commission.
The Commission determines the eligibility of programs applying for funding, reviews recipients' budgets for compliance with the law, and monitors and evaluates the activities of programs receiving Trust Fund Program grants.
Yes. You must enter each course included in the package into the online summary log and provide a copy of any proof of completion it may have included (for example, a log and witness statement, if the MCLE bundle include them.)
We accept credit/debit cards.
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.
Disciplinary action for violations of the Rules of Professional Conduct or the State Bar Act ranges from private reproval to disbarment.
The Probation Unit of the Office of Chief Trial Counsel monitors attorneys’ compliance with the conditions imposed on suspensions and reprovals.
The State Bar Court also may put attorneys on involuntary inactive status if they appear to pose a serious threat to the public.
If a State Bar investigation indicates that an attorney’s conduct only bordered on a violation or was a minor breach, State Bar prosecutors may choose an alternative to discipline.
The State Bar’s Office of Chief Trial Counsel could decide to:
No, the Ethics Hotline does not provide written opinions or research memoranda. Assistance is offered by phone, and staff will identify relevant rules, cases, and ethics opinions during the call.
The Ethics Hotline is a confidential research service provided by the State Bar of California. It offers guidance to licensed attorneys on questions related to their professional responsibilities under the Rules of Professional Conduct and the State Bar Act.
Meeting materials are posted online in advance. Written comments may be sent to adrwg@calbar.ca.gov, and oral comments are allowed at the start of each Working Group meeting. Once a tentative proposal is ready, it will be posted online for preliminary public comment.
If the CPA identifies issues or discrepancies in your trust accounting practices, the State Bar will evaluate the findings, discuss with the designated licensee, and determine the appropriate next steps. Depending on the nature and severity of the issues, next steps may include education, a corrective action plan, further investigation, or a referral to the Office of Chief Trial Counsel.
The scope of a compliance review will encompass at least one year of trust account activity, which will generally be January 1 to December 31 of the prior year. If a compliance review identifies findings that require a licensee to participate in an investigative audit performed by the State Bar, the scope of the audit will encompass at least three (3) years of trust account activity but will not go beyond five (5) years; see Rules of the State Bar, rule 2.6(B) and Rules of Professional Conduct, rule 1.15(d)(5).
Yes. Business and Professions Code section 6073.2(d)(2) only applies to full-time employees or officers or elected officials of the State of California, or political subdivision thereof, or the federal government. Part-time employees are required to report either the amount of pro bono service hours provided in the past year, 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.
No. The State Bar will not send a reminder before your NAT completion deadline. You are personally responsible for tracking and meeting your deadline.
If you do not complete NAT by your deadline, the State Bar will send you a notice of noncompliance. The notice will explain that you must complete NAT and pay any assessed noncompliance penalty to avoid being enrolled as inactive and becoming ineligible to practice law.
Because NAT is a onetime requirement, it may not appear in the same area of My State Bar Profile as your annual MCLE compliance obligations. Remember to:
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