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.
If I miss the deadline, how do I pay the noncompliance penalty?
If you do not complete NAT by your deadline, you will be assessed a noncompliance penalty, which may take up to 90 days to appear in My State Bar Profile. To pay the noncompliance penalty:
Select “Compliance Dashboard” in the top navigation menu.
In the “Annual License Fee Status” section, select “Pay your annual fees.”
Select “Calculate and pay my fees.”
Follow the instructions to pay any outstanding balance.
Even after a noncompliance penalty has been assessed, you are still required to complete NAT. If you do not complete NAT and resolve any assessed fees by the applicable deadlines, you may be enrolled as involuntarily inactive and become ineligible to practice law.
What is the New Attorney Training Program?
The State Bar of California’s New Attorney Training (NAT) Program is a mandatory online training program for all newly admitted California attorneys. It consists of nine State Bar–produced courses covering professional responsibilities and practical skills for practicing law. The courses may be completed in any order and at your own pace.
Topic
MCLE Credit
Attorney as an Officer of the Court—Civility and Pro Bono Legal Services
1.0 hour of Civility
Attorney Communication Duties
1.25 hours of Legal Ethics
Attorney Well-Being: The Bedrock of Competence
1.0 hour of Competence: Prevention and Detection
Attorney-Client Relationships
1.25 hours of Legal Ethics
Conflict Resolution, Interpersonal and Communication Skills, and Technology
0.75 hours of General
Elimination of Bias
1.0 hour of Elimination of Bias
Introduction to Law Practice Management Skills
1.0 hour of General
The Attorney as a Fiduciary of Funds and Property of Clients and Others
1.5 hours of Legal Ethics
The Duty of Confidentiality and Conflicts of Interest
1.25 hours of Legal Ethics
Can I claim MCLE credit for NAT courses?
The State Bar’s New Attorney Training is a separate requirement and is not MCLE. However, you may apply NAT course hours toward your MCLE requirements if you complete the hours during your first MCLE compliance period. (Rule 2.142.) Review your MCLE requirements, including any proportional requirement, to determine whether and how the NAT hours apply to your situation.
When is my deadline to complete NAT?
You must complete NAT by the last day of the month of your one-year anniversary as a State Bar licensee. (Rule 2.141.)
For example, if you were admitted on October 15, your deadline is October 31 of the following year. If you have a question about your deadline, complete the Licensee Records and Compliance Inquiry form.
How do I access the New Attorney Training?
The New Attorney Training Program courses can be accessed through My State Bar Profile. The fee to access all nine courses is $55. Fee waivers are not available.
Locate the e-learning section toward the bottom of the home page, and select “E-Learning Portal.”
On the E-Learning Dashboard’s top navigation bar, select “View Catalog.”
In the search box, type “New Attorney Training.”
Select “Add to Cart” and complete the checkout process.
After you purchase the courses, when you return to the E-Learning Dashboard, select “Not Started” to locate the course you want to start. Then, select the red + button to the right of the course title, and select “Launch.”
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.
Can I request an exemption or time extension?
There are no exemptions from the NAT requirement. (Rule 2.143.)
Time extensions are granted only in rare cases involving documented personal hardship. (Rule 2.144.) If you believe you have a qualifying hardship, submit the applicable State Bar request as soon as possible and ideally before your NAT deadline, if feasible.
Submitting a request does not excuse compliance unless the State Bar grants it. Do not delay beginning or completing NAT while awaiting a decision.
I’m a former Provisional Licensure Program (PLP) participant and was recently admitted. Do I need to take NAT again?
If you completed any portion of NAT while enrolled in the State Bar’s PLP, you are considered to have satisfied that portion of the NAT requirement and do not need to retake it. Make sure you complete all nine NAT courses by the deadline.
Check your E-Learning Portal to confirm that your completed courses are reflected. If a completed course does not appear in your record, contact elearning@calbar.ca.gov for assistance.
As a federal or state employee, am I exempt from completing NAT?
No. Although certain federal or state employees may be exempt from the general MCLE requirement, there are no exemptions from the NAT requirement for new licensees. (Rule 2.143.) You must complete NAT by your one-year admission anniversary deadline.
Will the State Bar require me to resubmit criminal information previously reported?
No. If you already reported criminal information to the State Bar in the moral character process or under the self-reporting mandate, you are not required to report the same information again.
Does the State Bar have a legal specialist program?
Replace with the following:
The State Bar certifies specialists in 11 areas: Admiralty & Maritime, Appellate, Bankruptcy, Criminal, Estate Planning, Family, Franchise & Distribution, Immigration, Legal Malpractice, Taxation, and Workers' Compensation. If you have questions, please fill out the Licensee Records and Compliance Inquiry Form or call 415-538-2120.
Are county employees considered exempt?
No. County employees are not exempt. Employees of California Superior Courts are exempt from MCLE requirements.
Is my out-of-state/country CLE acceptable in California?
You may apply the MCLE credit from courses approved by many states and a few overseas jurisdictions if you were physically outside California when you completed them. This is by rule, so no special forms or requests are needed. Check the approved jurisdictions list on the State Bar website.
If I earn more than 25 hours, can I carry the excess hours forward?
If an attorney earns more than 25 hours during a compliance period, he/she cannot carry the excess hours forward to the next compliance period. [Rule 2.72(D)]
What, if any, information on a candidate can the State Bar release and when can it do so?
Information received during the investigation process or discussed during the evaluation process cannot be released by the commission. Under the statute, information received by the commission is absolutely confidential and it would be a clear-cut violation of the law to divulge how the commission conducted any part of the investigation or the weight given to evidence of a negative or positive nature.
The commission reports its recommendations, in absolute confidence, to the Governor. The rule ". . . prohibits disclosure of any information of any nature to anyone. . ." except as otherwise provided by the statute. The commission does inform a candidate who has been found not qualified of that fact.
The only other exception is if the Governor appoints a person to a trial court who has been found not qualified, the State Bar may make this fact public after due notice to the appointee of its intention to do so.
When the Governor nominates a person to the Supreme Court or Court of Appeal, the JNE Commission submits its recommendation, and the reasons for such recommendation, to the Commission on Judicial Appointments, and appears at the public hearing to present its recommendation and reasons.
How do the Federal Trade Commission’s rules on mortgage assistance relief services (16 Code of Federal Regulations Section 322.1) apply to lawyers who provide loan modification or other forbearance services in California?
The Federal Trade Commission’s rules on mortgage assistance relief services also regulate the provision of loan modification and other forbearance services in California but an exemption is included for attorneys who meet certain criteria. The criteria include compliance with all state laws and regulations relating to mortgage relief assistance. Therefore, the FTC rules require compliance with SB 94 and an attorney who fails to comply with SB 94 would be subject to the penalties provided for in both SB 94 and the federal law.
Are attorneys allowed to accept an advance fee if the borrower agrees to waive the application of SB 94 to their matter?
No. SB 94 does not provide for a waiver of its application by the borrower.
What does the arbitrator look at if there is a written fee agreement?
If there is a written fee agreement, the arbitrator may consider whether the agreement is valid and whether the terms of the agreement (for example, the hourly fee) should be upheld. You should review the fee agreement before the hearing to determine if it answers your questions about the lawyer's charges. If the arbitrator determines the agreement to be valid and that you understood the agreement, the arbitrator will generally use the terms of the agreement as a basis for making the decision.
The arbitrator also looks at the lawyer's "performance" in deciding the amount of the fee. For example, did the lawyer spend too much time on a specific task, or did the lawyer make mistakes that required extra time to fix? You should review the lawyer's bills and performance and decide whether, based on these factors, you believe the fee is too high. You should be prepared to point out specific items that support your belief
What if I have witnesses?
First, you should decide whether the witnesses have important information related directly to your fee dispute with the lawyer. For example, if the witness was with you when you and the lawyer made or changed your agreement, then the witness may have important information relevant to your fee dispute, and you might want to have that person available to testify at the hearing. You should tell the arbitrator and the attorney whose fees you are disputing that you expect to call witnesses and arrange your presentation so that the witnesses can be easily included.
If you have an important witness who does not want to come to the hearing, you may be able to order that person to attend with a subpoena. You should contact the administrator of the fee arbitration program to find out how this is done. You should also contact the administrator if you have any problems scheduling a witness. While it is always better to bring witnesses to the hearing, you may present their testimony and evidence in writing instead. It is up to the arbitrator to decide how much weight to give a witness's testimony.
When will I receive the award?
You should expect to receive an award in the mail about 30 days after the hearing. Please don't call the local program or State Bar because the award will be sent to you automatically.
When do I have to report the misconduct?
Rule 8.3 states that a lawyer shall report “without undue delay.” Rule 8.3 comment [3] provides that the lawyer must report as soon as the lawyer reasonably believes that reporting will not cause material prejudice or damage to the interests of a client of the lawyer or a client of the lawyer’s firm. The Comment also provides that the lawyer should consider other applicable rules, such as rules 1.4 (the duty to communicate); 1.7(b) (material limitation conflict); 5.1 (responsibilities of managerial and supervisorial lawyers); and 5.2 (responsibilities of a subordinate lawyer).
Can I report anonymously?
A lawyer can file a complaint anonymously. If a lawyer submits a complaint through the online tool, the lawyer will receive a reference number that they could later use to prove they made a submission. However, if a lawyer submits a complaint using other methods (such as an email from an anonymous email address or by sending the complaint through the mail), there will be limited proof of a submission.
The online complaint tool has required fields in which the complainant must enter data to progress. However, the complainant can input “anonymous” and other nonidentifying information in the required fields.
If a lawyer submits an “anonymous” complaint but includes information that would identify the complainant, it is possible that that information will ultimately be available to the respondent.
What reports are available for my e-learning account?
There are three types of reports:
Overall Course Credit Report
Classroom Course Usage Report
Online Course Report
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