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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.
Yes. You must notify the State Bar within 30 days.
Your registration will be canceled and will not be permitted to practice law in California as a registered in-house counsel or as a registered legal services attorney.
No. You are eligible whether you are working with or without pay.
An attorney who is licensed to practice law in one or more U.S. jurisdictions other than California, relocates to California to work at a qualifying legal services provider and only on behalf of its clients, works under the supervision of an attorney employed by that provider, and is registered by the State Bar of California. See General Information FAQs for additional information.
Click the ← MY STATE BAR PROFILE button at the top right of the e-learning portal to log out and return to the My State Bar Profile page.
The recently signed licensing fee bill requires the State Bar to offer an installment payment plan to active licensees eligible for fee scaling. This plan allows attorneys to divide their total annual fees into six equal payments instead of paying in full by the original deadline of April 1, 2025.
No, once you opt in for the installment payment plan, you cannot opt out unless you are ineligible for fee scaling.
The court must approve your application in order for you to appear as PHV in a case. While the State Bar's Applicant Portal may show that your PHV case is "approved," this refers to the internal processing of your application and should not be taken as the court's approval of your appearance as PHV.
Yes. The course includes a Final Assessment. You must receive a passing score of 80 percent to complete the course.
Please see the complete list on the Reporting Requirements webpage.
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.
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