What is the difference between arbitration and mediation?
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.
Can my attorney require me to participate in fee mediation?
No. Both sides must agree to mediation. The State Bar will notify the opposing party if mediation is requested.
What is the deadline for requesting fee arbitration and mediation?
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.
If I think an attorney has engaged in misconduct or malpractice, will fee mediation help me?
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.
If you think you have a separate claim for legal malpractice, you should seek legal counsel.
May I ask for fee mediation if I want a refund of fees I have already paid to an attorney?
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.
How do I request fee mediation?
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.
Can an attorney refuse to mediate a disputed fee?
Yes. Mediation is voluntary and either side can decline to mediate. All parties must agree for a mediation to go forward.
What happens at a fee mediation?
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.
Should I agree to 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.
How does the Fee Mediation Program work?
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.
I had a bad experience with a Live Scan vendor. Can I report them to the State Bar?
Live Scan vendors are contracted through the DOJ and are not under the authority of the State Bar. Live Scan vendor complaints may be submitted to the State Bar, which will be sent to the DOJ. If you recently submitted your fingerprints through a DOJ-contracted Live Scan vendor and have had a negative experience, we encourage you to complete the Live Scan Vendor Complaint Form and email the completed form to the State Bar.
Will I be assessed fees from the State Bar?
Yes. The 2025 annual fees will be available to calculate and pay online through My State Bar Profile effective February 1, 2025.
What if I didn’t take enough courses during the compliance period?
Failure to complete the requirements during the compliance period will result in your having to make up the deficiency. You will have to submit all required hours to the online log and then submit the proof of compliance. You will also need to provide the audit submission cover sheet, a brief cover letter explaining why you were unable to complete the requirements during the compliance period along with the $205 deficiency fee for non-compliance by the deadline.
Do I send in the original certificates or the copies?
Photocopies are sufficient for the purposes of the audit. Hold on to your originals through the end of the year you report MCLE compliance.
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.
How can people comment while the program is being developed?
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.
What happens if problems or discrepancies are identified during the compliance review?
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.
How far back do I need to provide records?
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).
I work part-time at a government agency. Do I need to report?
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.
Will you send me a reminder before my deadline? Will there be a reminder in My State Bar Profile?
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:
Keep your email address and mailing address current with the State Bar,
Review your notifications in My State Bar Profile regularly, and
Complete NAT well before your deadline.
Can I get a fee waiver for the course?
No. Fee waivers are not available. The fee to access all nine NAT courses is $55.
How does the Fee Mediation Program work?
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.
Can my attorney require me to participate in fee mediation?
No. Both sides must agree to mediation. The State Bar will notify the opposing party if mediation is requested.
I live outside of the U.S. Will the U.S. Embassy and Consulate in my country complete the fingerprint impressions on the two fingerprint cards?
It depends. Not all U.S. Embassies and Consulates provide fingerprinting services. You should contact the embassy or consulate to confirm whether you can have your fingerprints taken. Another option will be to contact your local enforcement agency to request this service.
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