Business and Professions Code section 6140.5 authorizes the State Bar to collect interest on CSF payments due. The interest rate is approved annually by the Board of Trustees (CSF Rule 3.45), and has been set at 10 percent per year, calculated from the date of disbursement. Judgments with underlying CSF debt also accrue interest on the CSF payments at the same rate.

If your organization has already implemented five of the ten Action Items (including the two that are required) at the time of application, please indicate that on your application and provide the requested documentation. If your employer’s implementation of the Action Items is sufficient, you can receive the DEI Leadership Seal as soon as your application is reviewed.

The Action Items were derived, in part, from the Calls to Action in the State Bar’s 2022 Diversity Report Card and based on research on best practices to improve workplace diversity, equity, and inclusion as well as feedback from various stakeholders across a variety of sectors in the legal profession. The Calls to Action, available by sector, provide additional best practices and resources. Calls to Action for attorneys are also available to encourage individuals to take an active role in advancing DEI in the workplace.

Participating employers and seal recipients will be listed on the State Bar website. The State Bar plans to provide opportunities for participating employers to convene and discuss their DEI efforts, for example, at future Diversity Summits. The State Bar regularly hosts Diversity Summits to convene stakeholders to present and discuss diversity, equity, and inclusion best practices in the legal profession. 

The State Bar is also exploring additional benefits and opportunities it can provide to or facilitate for participating employers and seal recipients. These might include opportunities to participate in social media campaigns about the program, preferred job boards, and career fairs.

All funds received by a lawyer in connection with legal representation in which a client or a third party has an interest are funds that must be deposited in a trust account. Examples include advances for fees received from clients (until they are earned by the lawyer), funds of others that are being held for disbursement at a later time, personal injury awards, and litigation settlements. 

Client and third-party funds must be held in either an IOLTA or non-IOLTA type client trust account. The definitions of each are as follows: 

IOLTA—An attorney or firm that holds funds for a client or third party that are nominal in amount or are held for too short a time to earn interest income for the benefit of the client or third party in excess of the cost to hold the funds in a separate account is required to place those funds in an IOLTA account. (Bus. & Prof. Code, § 6211, subd. (a)). A California IOLTA account must be established and maintained with an eligible institution that offers IOLTA accounts that meet certain requirements. The State Bar website has a list of IOLTA-eligible institutions. 

Non-IOLTA—An attorney or firm that holds funds for a client or the benefit of a single party in a matter that is large enough to generate more than nominal interest, or an attorney who holds funds for a single party for an extended period must hold such funds in a non-IOLTA trust account. An example would be funds held by the administrator of a family trust. The attorney must use a non-IOLTA account because these entrusted funds will earn interest in excess of the costs to maintain the account. The interest earned goes to the client or third party. (Bus. & Prof. Code, § 6211, subd. (b)).

When registering a client trust account as part of CTAPP, you must identify the trust account type. The account will either be IOLTA or non-IOLTA; an account will never be both. The account type was established at the time the account was opened and does not change. A California IOLTA must bear the State Bar of California’s Taxpayer Identification Number to ensure that interest or dividends generated by this account will be paid to the State Bar’s IOLTA program. A non-IOLTA will bear the Social Security Number or Tax ID number of the client or third party.

If you have already completed your CTAPP reporting for the current period and you want to change an answer before the reporting deadline, you can access the CTAPP reporting page by logging in to My State Bar Profile. On your Client Trust Reporting page (third blue tab at the top), click the CTAPP Annual Reporting tile. You can click through the pop-up warning that says you have already submitted your CTAPP Annual Reporting declaration and that you will have to resubmit your declaration, or you will be out of compliance. NOTE: Even if you make no changes, be sure to click all the way through and resubmit your declaration.

A lawyer must report any changes to their client trust account to the State Bar within 30 days. A lawyer may add or close an account using the 30-day reporting window in My State Bar Profile, and a firm administrator may add or close an account or add or remove an attorney from an account through the 30-day reporting window in the Agency Billing platform. When a firm administrator adds a new attorney or removes an attorney from a trust account, they provide the effective date and reason for the disassociation as part of the reporting.

The trust account reporting system does not allow changes to routing numbers or account numbers of previously registered trust accounts. To report this change, please close the registration of the existing account by clicking the “Update Account Information” link and then entering, in the “Edit Close Date” tab, the date the account was changed to the new routing and account number. You will also need to enter the balance on that date. 

You can then register the account with the new routing number and account number. In the open date field, please enter the date the account was changed to the new routing and account number. Please be sure to enter the bank balance of the new account as of December 31.

Unless exempt (see FAQ 2.3, above), California licensees, regardless of where they practice, must still comply with the CTAPP reporting requirements. A licensee who was responsible for client funds and funds entrusted by others under the provisions of rule 1.15 of the California Rules of Professional Conduct must, annually, register each and every trust account in which the licensee held such funds at any time during the reportable time period by identifying account numbers and financial institutions in a manner prescribed by the State Bar for such reporting. There is no exception for out-of-state accounts.

Under Business and Professions Code section 6073.1(c), pro bono legal services means “providing or enabling the direct delivery of legal services without expectation of compensation from the client other than reimbursement of expenses to any of the following:

• An indigent person, as defined in subdivision (d) of section 6213.
• A charitable, religious, civil, community, governmental, or educational organization in matters that are designed primarily to address the needs of persons of limited means.
• A charitable, religious, civil, community, governmental, or educational organization in matters in furtherance of its organizational purposes.”

Generally, pro bono work performed through any State Bar legal aid grantee organization or through “a nonprofit organization that provides civil legal services for the poor without charge” qualifies as pro bono legal services and should be reported. See Business and Professions Code section 6159.51. 

Attorneys are asked to use their best good-faith judgment when determining what qualifies.