Title 2 Rights and Responsibilities of Licensees
Related Content
Title 1 Global Provisions Title 3 Programs and Services Title 4 Admissions and Educational Standards Title 5 Discipline Title 6 Governance Title 7 JNE Rules and Miscellaneous ProvisionsDivision 1. Licensee Record
Adopted July 2007; last amended effective November 14, 2024.
Rule 2.1 Roll of attorneys
The State Bar maintains, on the official licensee records of the State Bar, the roll of all attorneys admitted to practice in California.1
Rule 2.1 adopted effective June 17, 2006; amended effective January 25, 2019.
Rule 2.2 Public information; duty to update licensee record
(A) Licensees are responsible for maintaining the accuracy of the information in their State Bar record. Except for nonpublic email addresses provided pursuant to rule 9.9(a)(2) of the California Rules of Court and paragraph (B)(2) of this rule and trust account information provided pursuant to State Bar rule 2.5 and paragraph (B)(8) of this rule, all information contained in the official licensee record is presumptively public, is collected and retained for the State Bar’s regulatory purposes, and may be subject to disclosure under the California Public Records Act unless that disclosure is otherwise prohibited by law.
(B) A licensee shall report to the State Bar:
Last name, first name, and any middle names;
A nonpublic email address to be used for State Bar communications;
Office address or, if no office is maintained, an address to be used for State Bar purposes;
Office telephone number, or, if no office is maintained, a telephone number to be used for State Bar purposes;
A professional website, if one is maintained;
Practice sector;
The number of attorneys, including the licensee, at their law firm, company, agency, or organization, regardless of where those attorneys are licensed or physically located;
Trust account information, as set forth in rule 2.5;
All legal specialties in which the licensee is certified;
Any other jurisdictions in which the licensee is admitted and the date(s) of admission;
The jurisdiction, and the nature and date of any discipline imposed by another jurisdiction, including the terms and conditions of any probation imposed, and, if suspended or disbarred in another jurisdiction, the date of any reinstatement in that jurisdiction;
Any other information as directed by the California Supreme Court;
Any other information as may be required by agreement with or by conditions of probation imposed by any other government agency; and
Any other information as may be required by law.
(C) With the exception of the number of attorneys, including the licensee, at their law firm, company, agency, or organization under subsection (B)(7), certified legal specialties under subsection (B)(9) or admission to a new jurisdiction under subsection (B)(10), a licensee shall report to the State Bar a change in any of the information in subsection (B) no later than 30 days after the change and shall verify such information each year on or before the deadline set forth in the Schedule of Charges and Deadlines, as well as at other times as determined by the State Bar. Changes in the number of attorneys, certified legal specialties, and admission to a new jurisdiction shall be reported during the annual license renewal process.
(D) A licensee may report the following information to the State Bar:
An email address to be posted publicly;
Fax number;
Area of practice; and
Languages spoken by the attorney or office staff.
(E) The following additional information shall also be a part of a licensee’s public record and shall be maintained by the State Bar:
State bar license number;
Date of admission in California;
Law school attended;
California Lawyers Association section membership, if any;
License status;
Date and any transfer from one license status to another; and
Date and period of any discipline imposed in California.
(F) A licensee must verify the information in subsection (B) prior to return to active status.
(G) Noncompliance with the requirements of this rule is the failure to comply with any provision of this rule or the failure to pay penalties for noncompliance as set forth in the Schedule of Charges and Deadlines.
(H) A licensee who fails to comply with this rule shall be enrolled as inactive and not eligible to practice law. The enrollment as inactive is administrative and no hearing is required. Enrollment as inactive under this rule terminates when a licensee submits proof of compliance and pays noncompliance and reinstatement fees.
Rule 2.2 adopted effective June 17, 2006; amended effective March 10, 2017; amended effective January 25, 2019; amended effective December 1, 2020; amended effective January 1, 2024; amended effective November 14, 2024.
Interim Rule 2.3 Noncompliance with Attorney Civility Oath Requirement
This interim rule 2.3 is adopted by the Board of Trustees pursuant to rule 1.10(C) of the Rules of the State Bar of California and shall expire 120 days after adoption, unless otherwise ordered by the Board of Trustees.
(A) Definitions
“Noncompliance” is failure to declare adherence to the oath as required by rule 9.7 of the California Rules of Court or failure to pay any assessed fees or penalties, as set forth in the Schedule of Charges and Deadlines, for failure to abide by this rule or rule 9.7 of the California Rules of Court.
- “Oath” is the oath required to be taken annually by all active licensees and Special Admissions Attorneys under rule 9.7 of the California Rules of Court.
- “Special Admissions Attorney” is an attorney permitted to practice law in the State of California under California Rules of Court 9.41.1, 9.44, 9.45, or 9.46.
(B) Oath deadline
The annual deadline for licensees and Special Admissions Attorneys to declare adherence to the Oath is the same date as the deadline for a licensee to pay their annual license fees as set forth in rule 2.11 of these rules. Failure to timely declare adherence to the Oath will subject the licensee to a Noncompliance fee set forth in the Schedule of Charges and Deadlines.
(C) Return to active status
A licensee or Special Admissions Attorney must declare adherence to the Oath prior to being returned to active status.
(D) Enrollment as inactive for Noncompliance
A licensee or Special Admissions Attorney who is sent a notice of Noncompliance must comply with its terms or be involuntarily enrolled as inactive or have their special admissions status suspended. An inactive licensee or suspended Special Admissions Attorney is not eligible to practice law. The involuntary inactive enrollment or suspension is administrative and no hearing is required.
(E) Reinstatement following Noncompliance
Enrollment as inactive for Noncompliance terminates when a licensee submits proof of compliance with this rule and rule 9.7 of the California Rules of Court and pays any assessed Noncompliance and reinstatement fees, as set forth in the Schedule of Charges and Deadlines.
To be reinstated after suspension of special admissions status, a Special Admissions Attorney must demonstrate that they meet all eligibility and application requirements for the special admissions program, this rule, and rule 9.7 of the California Rules of Court and pay any assessed Noncompliance and reinstatement fees, as set forth in the Schedule of Charges and Deadlines.
Rule 2.3 adopted effective June 17, 2006; amended effective January 25, 2019; repealed effective December 1, 2020; Interim Rule 2.3 adopted November 20, 2025.
Rule 2.4 [REPEALED]
Rule 2.4 adopted effective July 20, 2007; amended effective January 25, 2019; repealed effective December 1, 2020.
1 California Rules of Court, rule 9.8.
Division 1.5. Client Trust Account Protection Program
Adopted February 21, 2025.
Rule 2.4 Definitions
Unless the contrary is stated or clearly appears from the context, the definitions set forth in this rule shall govern the interpretation of this division.
A. An “annual self-assessment” is a survey created by the State Bar about trust accounting duties and practices and includes, but is not limited to, questions and affirmations regarding a licensee’s trust account management practices, recordkeeping, and compliance with applicable law.
B. The “Client Trust Account Protection Program” or “CTAPP” is the program established under rule 9.8.5 of the California Rules of Court and this division to facilitate the State Bar’s detection and deterrence of misconduct related to trust accounts.
C. A “compliance review” is a review, conducted by the State Bar or its agents, of compliance with applicable law regarding the safekeeping of funds entrusted by clients and others and contemporaneous recordkeeping.
D. A “designated licensee” is the solo practitioner when a trust account is established or maintained by a solo practitioner, or, when a trust account is established or maintained by a firm, the licensee designated by the firm pursuant to subdivision (d) of section 6091.3 of the Business and Professions Code.
E. A “firm” means a law partnership; a professional law corporation; a lawyer acting as a sole proprietorship; an association authorized to practice law; or lawyers employed in a legal services organization or in the legal department, division or office of a corporation, government organization, or other organization.
F. An “investigative audit” is an expanded audit of a licensee’s trust accounting performed by the State Bar based upon the outcome and findings of a compliance review.
G. “Law” includes state law, case law, the California Rules of Court, and the Rules of the State Bar of California, which includes the California Rules of Professional Conduct.
H. A “mandatory corrective action plan” is a plan issued by the State Bar that identifies one or more violations of law committed by a licensee regarding the safekeeping of funds entrusted by clients or others or any related obligations and requires the licensee to implement one or more corrective actions by a specific date.
I. “Receipt” of a document the State Bar sends a licensee is deemed to be the following, based on the method of delivery; if multiple methods of delivery are used, the earliest applicable date applies:
- the date of electronic transmission;
- five days from the date of mailing to a California address;
- 10 days from the date of mailing to an address elsewhere in the United States;
- 20 days from the date of mailing to an address outside the United States;
- the date the State Bar physically delivers a document, by personal service or otherwise.
J. The “reportable time period” for a licensee who must pay their annual license fees under rule 2.11 is the calendar year immediately preceding the licensee’s due date for paying their annual license fees. The “reportable time period” for a new licensee who must pay their initial license fees under rule 2.12 is from their date of admission through 15 days before the due date for payment of their initial fees under rule 2.12, or, if the due date to pay their initial fees is in the year following their date of admission, through December 31 of the year they were admitted.
K. A licensee is “responsible for client funds and funds entrusted by others under the provisions of rule 1.15 of the Rules of Professional Conduct” within the meaning of this rule if, at any point during the reporting period, they acted as a signatory on a trust account, exercised managerial or primary administrative oversight for a trust account, or were otherwise responsible for complying with any of the requirements or prohibitions in rule 1.15 of the Rules of Professional Conduct. The requirements and prohibitions in rule 1.15 are not limited to banking and recordkeeping duties and include, for example, the responsibility for giving notice to the client or other person that funds were received on behalf of the client or other person and the duty to identify and discharge liens.
L. A “trust account” is any bank account or accounts opened to receive or hold funds in accordance with rule 1.15(a) of the Rules of Professional Conduct, regardless of the amount of funds in the account, and includes, but is not limited to, any IOLTA account under subdivision (a) of section 6211 of the Business and Professions Code where the interest is paid to the State Bar, and any account under subdivision (b) of section 6211 of the Business and Professions Code where the interest is payable to a client or other person.
Rule 2.5 Annual reporting, account registration and self-assessment completion requirements
A. CTAPP Reporting Requirements
Unless a licensee is exempt under paragraph (L), a licensee must annually comply with the following reporting requirements:
- Annual Trust Account Certification—A licensee must annually (a) report whether or not, at any time during the reportable time period, they were a licensee responsible for client funds or funds entrusted by others under the provisions of rule 1.15 of the Rules of Professional Conduct and (b) if they were a licensee responsible for client funds or funds entrusted by others under the provisions of rule 1.15 of the Rules of Professional Conduct, then those licensees must also certify that they are knowledgeable about, and in compliance with, applicable rules and statutes governing a trust account and the safekeeping of funds entrusted by clients and others;
- Annual Trust Account Registration—A licensee who was responsible for client funds or funds entrusted by others under the provisions of rule 1.15 of the Rules of Professional Conduct must, annually, register each and every trust account by identifying the bank routing number; bank name; bank account number; bank account name; account opened date; account closed date, if applicable; account balance on a specified date; the full name and license number of the designated licensee; and other information as required by the State Bar and in a manner prescribed by the State Bar for such reporting. The requirement to provide to the State Bar the full name and license number of the designated licensee commences January 1, 2026. A licensee will be considered in compliance with this subparagraph if the licensee’s firm submits account registration information on behalf of one or more licensees affiliated with the firm that identifies the licensee as one on whose behalf the registration information is submitted; and
- Annual Self-Assessment—A licensee responsible for client funds or funds entrusted by others under the provisions of rule 1.15 of the Rules of Professional Conduct must complete an annual self-assessment and report the completion of the self-assessment in a manner prescribed by the State Bar for such reporting.
B. CTAPP Reporting Deadline
The deadline for submitting the information to be annually reported under paragraph (A) of this rule is the licensee’s due date for paying their license fees under Title 2, Division 2, rules 2.11 or 2.12 of the State Bar Rules.
C. CTAPP Reporting Required Even if a Licensee is Not Responsible for Trust Funds at the Time of Reporting
The annual reports required under paragraph (A)(1) and paragraph (A)(3) of this rule must be submitted when a licensee, at any time during the reportable time period, has been a licensee responsible for client funds or funds entrusted by others under the provisions of rule 1.15 of the Rules of Professional Conduct, and this includes circumstances where the licensee at the time of submitting their report is no longer responsible for client funds or funds entrusted by others under the provisions of rule 1.15 of the Rules of Professional Conduct. The registration of a trust account under paragraph (A)(2) of this rule also is required even if a licensee is not responsible for funds held in the trust account at the time of reporting so long as the licensee remains in practice with the firm that controls the trust account. A licensee is not required to register a trust account controlled by a firm with which the licensee no longer practices.
D. CTAPP Reporting Required Even if a Licensee is Not Responsible for Entrusted Funds
Under paragraph (A)(1), a licensee who is not exempt under paragraph (L) must report whether or not, at any time during the reportable time period, they were a licensee who was responsible for client funds or funds entrusted by others under the provisions of rule 1.15 of the Rules of Professional Conduct. To comply with paragraph (A)(1), a licensee who was not responsible for client funds or funds entrusted by others under the provisions of rule 1.15 of the Rules of Professional Conduct must submit a report indicating that fact.
E. Designated Licensee Duties
The designated licensee shall be the primary account holder or signatory on the trust account and shall be responsible for performing or supervising the monthly reconciliation of the trust account. The designated licensee is also responsible for answering any questions that other licensees in the firm may have about the trust account. A licensee can be the designated licensee for more than one trust account. The fact that a licensee has been assigned by a firm as the designated licensee does not absolve other licensees of their duties under the Rules of Professional Conduct or the reporting requirements of this division.
F. Furnishing Designated Licensee Information to Financial Institutions in Which Trust Accounts Are Held
- Commencing January 1, 2026, upon establishment of a new trust account, a licensee must serve a completed State Bar Notice To Financial Institution form on the financial institution pursuant to section 684.115 of the Code of Civil Procedure. If the trust account is established by a firm, the firm must assign a firm member who is a current licensee to be the designated licensee and include their information on the State Bar Notice to Financial Institution form.
- For trust accounts existing prior to January 1, 2026, a licensee must, on or before July 1, 2026, serve a completed State Bar Notice To Financial Institution form on the financial institution pursuant to section 684.115 of the Code of Civil Procedure. If the trust account was established by a firm, the firm must assign a firm member who is a current licensee to be the designated licensee and include their information on the State Bar Notice to Financial Institution form.
- Commencing January 1, 2026, within 30 days of a designated licensee becoming inactive with the State Bar, becoming not eligible to practice law, or ceasing to be employed by or in practice with a firm, the designated licensee must close the trust account or the remaining licensees in practice with the firm must assign a new designated licensee and serve a new, completed State Bar Notice To Financial Institution form on the financial institution pursuant to section 684.115 of the Code of Civil Procedure.
G. Noncompliance
Noncompliance with the requirements of this rule is failure to:
- satisfy the requirements of paragraphs (A), (E), or (F) of this rule; or pay fees for noncompliance.
H. Notice of CTAPP Reporting Noncompliance
A licensee who is sent a notice of noncompliance with any reporting required by this rule must comply as instructed in the notice or be involuntarily enrolled as inactive. An inactive licensee is not eligible to practice law.
I. Enrollment as Inactive for Noncompliance
A licensee who fails to comply with a notice of CTAPP reporting noncompliance is enrolled as inactive and is not eligible to practice law. The enrollment is administrative and no hearing is required.
J. Reinstatement Following Noncompliance
Enrollment as inactive for CTAPP reporting noncompliance terminates when a licensee submits proof of compliance and pays noncompliance and reinstatement fees.
K. Fees for Noncompliance
Fees for noncompliance with any of the requirements in paragraph (A), including a reinstatement fee to terminate CTAPP inactive enrollment, are set forth in the Schedule of Charges and Deadlines.
L. Licensees Who are Exempt from Compliance With this Rule
Until December 31, 2025, the following category of licensees are exempt from compliance with the reporting requirements in paragraph (A):
a. A licensee who was not on active status for the entirety of the reportable time period; or
b. A licensee who is not entitled to practice law at the time of the reporting deadline for any reason other than voluntary inactive enrollment.
2. On and after January 1, 2026, a licensee who was on voluntary inactive status for the entirety of the reportable time period is exempt from the reporting requirements in paragraph (A).
Rule 2.5 adopted effective January 1, 2023; amended effective December 1, 2023; amended effective February 21, 2025.
Rule 2.6 Compliance reviews and investigative audit requirements
As authorized by rule 9.8.5 of the California Rules of Court, a licensee, if selected by the State Bar, must comply with and complete a trust account compliance review, investigative audit, and any requirements of a mandatory corrective action plan resulting from the findings of the compliance review or investigative audit. If a licensee is selected for a compliance review or investigative audit, all licensees at the licensee’s firm must cooperate with requests for information, requests for responses to questions, and must comply with any mandatory corrective action plan, as applicable, under this rule.
A. Compliance Review Requirements
The scope of a compliance review will encompass at least one year of trust account activity. If selected for compliance review, a licensee must:
- within 30 days of receipt of a notice of selection for compliance review from the State Bar:
- report to the State Bar the name of the State Bar-approved certified public accountant selected to perform the compliance review at the licensee’s expense, in a manner specified by the State Bar;
- provide any trust account records requested in the notice of selection, in the manner specified by the State Bar;
- if not the designated licensee, as defined in rule 2.4, provide the names, State Bar license numbers, current physical addresses, and current email addresses of the designated licensee for each and every firm trust account in lieu of providing the information required under subparagraphs (a) and (b);
- if there is no designated licensee, provide the names, State Bar license numbers, current physical addresses, and current email addresses of the primary account holder or signatory for each and every firm trust account and the licensees responsible for performing or supervising the monthly reconciliation of each and every firm trust account in lieu of providing the information required under subparagraphs (a), (b), and (c);
2. cooperate with and respond completely to all questions and requests for additional documentation from the State Bar or the State Bar-approved certified public accountant regarding all transactions and records required to demonstrate compliance with applicable law regarding the safekeeping of funds entrusted by clients or others and any related obligations; and
3. prior to completion of the compliance review and after all records have been provided to the State Bar or State Bar-approved certified public accountant, as applicable, provide a signed statement of representations on a form provided by the State Bar.
4. within 14 days of the completion of the compliance review, submit to the State Bar an acknowledgement of receipt of any findings, which may include areas of deficiency.
B. Investigative Audit Requirements
The State Bar may identify a licensee to participate in an investigative audit performed by the State Bar based upon a finding during a compliance review. The scope of an investigative audit will encompass at least three years of trust account activity. If selected for an investigative audit, the licensee must:
- within 14 days of receipt of a notice of selection for investigative audit from the State Bar, provide any trust account records requested in the notice of selection, in the manner specified by the State Bar;
- cooperate with and respond completely to all questions and requests for additional documentation from the State Bar regarding all transactions and records required to demonstrate compliance with applicable law regarding the safekeeping of funds entrusted by clients or others and any related obligations;
- if entrusted funds are held in an account other than a trust account, produce all records related to such non-trust account that are in the direct or indirect control of the licensee subject to the audit; and
- prior to completion of the investigative audit and after all records have been provided to the State Bar, provide a signed statement of representations on a form provided by the State Bar.
C. Mandatory Corrective Action
If, during the compliance review or investigative audit, a possible violation of law is identified, the State Bar may issue a mandatory corrective action plan. The designated licensee and any other licensee at the firm identified by the State Bar must implement the mandatory corrective action plan and submit verification to the State Bar of compliance with the mandatory corrective action plan in a manner and by the time designated by the State Bar.
D. Extensions
The designated licensee, or any licensee identified under paragraph (A)(1)(d) of this rule, may request a 14-day extension to the due date for providing the information or records required under paragraphs (A)(1), (A)(4), and (B)(1) of this rule. Any request made pursuant to this subdivision must be provided in writing and explain why the extension request is being sought. The request must be received by the State Bar at least five days prior to the due date for providing the information or records. The State Bar may grant the extension if the State Bar determines, in its sole discretion, that the licensee has provided evidence of good cause necessitating the extension of time to provide the required information or records to the State Bar or its agents.
E. Confidentiality of Records
Any information, records, or communications provided under this rule shall remain confidential unless disclosure by the State Bar or its agents is required by law or to fulfill its licensing, regulatory, and disciplinary functions, including, but not limited to, investigation or formal proceedings concerning alleged misconduct of a licensee, limited liability partnership, or law corporation or the disclosure of alleged misconduct under section 6044.5 of the Business and Professions Code.
F. Noncompliance
A licensee is deemed to be noncompliant with this rule if they fail to:
- comply with any of the compliance review or investigative audit requirements of this rule or section 6091.4 of the Business and Professions Code;
- provide a timely response, as reasonably requested by the State Bar or its agents, to questions or requests for additional information or documents regarding records subject to a compliance review or investigative audit under this rule in a complete and accurate manner; or
- comply with a mandatory corrective action plan.
If a licensee is deemed noncompliant with this rule, any attorney with supervising or managerial responsibilities over the licensee may also be deemed noncompliant with this rule.
G. Referral for Noncompliance
A licensee may be referred to the Office of Chief Trial Counsel for failure to comply with applicable law regarding the safekeeping of funds entrusted by clients or others or any related obligations, including, but not limited to, section 6091.4 of the Business and Professions Code, the California Rules of Court, and the California Rules of Professional Conduct.
Rule 2.6 adopted effective February 21, 2025.
Division 2. Annual License Fees and Penalties
Adopted July 2007; last amended effective November 14, 2024.
Rule 2.10 Definitions
(A) “Annual license fees” are those fees that any licensee must pay to maintain active or inactive status in a calendar year. These fees may include additional assessments and costs prescribed by law. (1)
(B) “Penalties” are the surcharges assessed any licensee who fails to pay annual license fees on time.
Rule 2.10 adopted effective June 17, 2006; amended effective January 25, 2019.
Rule 2.11 Due date; form of payment
(A) A licensee must pay the annual license fees set forth in the Schedule of Charges and Deadlines each calendar year on or before the deadline set forth in the Schedule of Charges and Deadlines.
(B) The State Bar is authorized to prescribe acceptable methods for the payment of annual license fees. Any attempted payment that does not conform to a method prescribed by the State Bar may be rejected. If a licensee does not cure a nonconforming payment, the State Bar may nevertheless process the nonconforming payment before or after the deadline set forth in the Schedule of Charges and Deadlines. Nonconforming payments that are not cured by the licensee or processed by the State Bar by the deadline subject the licensee to the penalties set forth in rule 2.13 or suspension in accordance with rule 2.33.
Rule 2.11 adopted effective June 17, 2006; amended effective January 25, 2019; amended effective July 22, 2022; amended effective November 14, 2024.
Rule 2.12 New licensees
A new licensee must be enrolled as active and pay initial fees within forty-five days of the invoice date for the fees as follows:
(A) full annual license fees if admitted between January 1 and May 31;
(B) half the annual license fees if admitted between June 1 and November 30;
(C) the administrative fee for admission set forth in the Schedule of Charges and Deadlines if admitted in December.
Rule 2.12 adopted effective June 17, 2006; amended effective July 20, 2007; amended effective January 25, 2019.
Rule 2.13 Late and nonconforming payment penalties
Late or nonconforming payment(s) of annual license fees are subject to the penalties set forth in the Schedule of Charges and Deadlines.
Rule 2.13 adopted effective June 17, 2006; amended effective January 25, 2019; amended effective November 17, 2022.
Rule 2.14 No refund
Unless these rules provide otherwise, a licensee is not entitled to a refund of annual license fees because of death, resignation, disbarment, transfer to inactive status, entering judicial office, or for any other reason.
Rule 2.14 adopted effective June 17, 2006; amended effective January 25, 2019.
Rule 2.15 Scaling
(A) In this rule, “penalties” are construed narrowly and only include late fees for failure to pay licensing fees pursuant to the current Schedule of Charges and Deadline.
(B) An active licensee who has a total gross annual individual income from all sources of less than $60,478.35 may request a 25% reduction of annual licensee fees. The payment and fee scaling declaration must be submitted by the date set forth in the Schedule of Charges and Deadlines. Payments and declarations submitted after the date set forth in the Schedule of Charges and Deadlines will incur a penalty. The penalty will be eligible for scaling. Reinstatement fees are not eligible for scaling. To be eligible for scaling, requests to scale must be submitted within the calendar year for which the fees are assessed. The request must include:
the Active Licensee Fee Scaling Declaration signed under penalty of perjury; and
payment of the reduced fee.
New licensees admitted after May 31 do not qualify for scaling.
(C) An employer that receives State Bar Legal Services Trust Fund grants and is a qualified legal services project or qualified support center as defined by statute may request a reduction of annual license fees by 25% for an active licensee employed on a continuous full-time basis or an active licensee employed on at least a half-time basis who has no income from other employment related to the practice of law. The request must be submitted by the date set forth in the Schedule of Charges and of Deadlines and include
the Qualified Employer Fee Scaling Declaration signed under penalty of perjury that the employer is qualified and pays annual license fees on the licensee’s behalf; and
payment of the reduced fee.
(D) Licensees who scale are subject to audit and upon request must provide the State Bar with past federal and state income tax returns or other acceptable documentation of financial condition.
(E) If the State Bar determines that a licensee is ineligible to scale, the licensee must pay full annual license fees and any late payment penalties.
Rule 2.15 adopted effective June 17, 2006; amended effective July 20, 2007; amended effective November 15, 2013; amended effective January 25, 2019; amended effective January 1, 2020; amended effective September 22, 2023.
Rule 2.16 Waivers
(A.) In this rule, “annual license fees” and “penalties” are construed narrowly and do not include
- disciplinary costs(2) or monetary sanctions(3),
- Client Security Fund disbursements and costs(4),
- mandatory fee arbitration award penalties and costs(5),
- Minimum Continuing Legal Education (“MCLE”) noncompliance or reinstatement penalties, or
- any other charges that may be added to annual license fees for failure to comply with obligations imposed by court order, statute, or rule.
(B.) To be considered for the current year, a request for a waiver under this rule must be submitted on or before the deadline for payment of annual license fees as set forth in the Schedule of Charges and Deadlines. Requests submitted after the deadline for payment of annual license fees, as set forth in the Schedule of Charges and Deadlines, must be accompanied by full payment of any outstanding charges, which will be refunded if the request is granted.
(C.) The Secretary may waive up to $1,000 in annual license fees and related penalties for the year in which they are due, provided that the request is
- in writing;
- supported by satisfactory documentation; and
- for any of the following reasons:
- the licensee serves full-time as a magistrate, commissioner, or referee for a state or federal court of record;
- the licensee is a retired judge who accepts assignments from the Chief Justice of California to act in a judicial capacity at least 90% of the calendar year; or
- the licensee has a total gross annual household income from all sources of $20,000 or less, in which case the waiver is 50% of annual license fees.
(D.) The Secretary may waive annual license fees and related penalties for a licensee serving in the Army National Guard, the Army Reserve, the Naval Reserve, the Marine Corps Reserve, the Air National Guard of the United States, the Air Force Reserve, or the Coast Guard Reserve provided that
- the licensee has been ordered to report to full-time active duty for more than thirty days;
- a request for waiver is submitted in writing by the licensee, licensee’s spouse, relative, law partner or associate, or legal representative and accompanied by:
- a copy of the order to report for active duty, or
- a copy of the order to report for active duty and a certified declaration by a JAG officer that the licensee has served on active duty for more than thirty days.
A licensee granted a waiver under this rule must notify the State Bar within thirty days upon termination of the assignment to active duty.
(E.) Annual license fees are waived for the year in which a judicial officer leaves office and returns to active or inactive status in the State Bar.
(F.) Annual license fees are waived for licensees on inactive status who are 70 years of age or older on the deadline for payment of annual license fees set forth in the Schedule of Charges and Deadlines.
(G.) Annual license fees may be waived for a licensee who is enrolled in the Pro Bono Practice Program(6).
(H.) The board reserves the right for good cause
- to grant requests for waivers denied by the Secretary; and
- to consider all other requests for waivers.
(I.) A waiver granted under this rule does not remove a court-ordered suspension for nonpayment of fees or penalties.
Rule 2.16 adopted effective June 17, 2006; amended effective July 20, 2007; amended effective July 17, 2009; amended effective July 22, 2011; amended effective March 2, 2012; amended effective July 20, 2012; amended effective January 25, 2019; amended effective November 14, 2019; amended effective November 14, 2024.
Rule 2.17 Keller deductions and challenges
(A.) Keller v. State Bar of California (1990) 496 U.S. 1 prohibits the State Bar from charging licensees for State Bar expenses for lobbying and certain other activities deemed political and ideological and unrelated to the Bar’s permissible goals. California law authorizes licensees to take a deduction for lobbying activities(7). The Board of Trustees may also identify each year additional deductions that it deems to be outside the scope of Keller. The State Bar restricts its spending on lobbying and other activities it deems outside the scope of Keller to fees paid voluntarily by licensees not taking the deductions. The deductions and the Bar’s most recent audited expenses charged to mandatory license fees are published as a Statement of Expenditures of Mandatory License Fees on the State Bar website when the State Bar mails invoices for annual license fees. Notice is also provided in the California Bar Journal and licensees may request a copy of the statement by mail.
(B.) Licensees who believe that the annual Statement of Expenditures of Mandatory License Fees inappropriately includes an expenditure disallowed by Keller may object to the expenditure. The objection must be filed using the Challenge to Mandatory License Fees. The board may allow the objection or promptly refer it to arbitration. Filing an objection does not relieve a licensee of the obligation of paying the invoiced annual mandatory license fees on time.
(C.) For purposes of this rule, “arbitration” means that the State Bar will refer the challenge to an arbitrator selected by the American Arbitration Association. The State Bar may consolidate multiple challenges. The arbitration procedure is specified in the instructions to the Challenge to Mandatory License Fees.
(D.) If an arbitrator determines that a challenged expense is outside the scope of Keller and is allowable as a deduction, the State Bar will refund the amount of the deduction to any public agency that has paid the amount on behalf of a licensee.
Rule 2.17 adopted effective July 20, 2007; amended effective January 1, 2012; amended effective January 25, 2019.
Rule 2.18 Payment by credit card, debit card, or electronic funds transfer
The State Bar is authorized to charge licensees who choose to pay annual license fees by credit card, debit card, or electronic funds transfer an additional fee to defray the costs incurred by that election. The State Bar’s Executive Director or his or her designee is authorized to set the amount of any additional fee the State Bar is authorized to charge licensees under this rule.
Rule 2.18 adopted effective December 6, 2016; amended effective January 25, 2019.
1 Bus. & Prof. Code, §§ 6140.5, 6140.7.
2 Bus. & Prof. Code, § 6086.10.
3 Bus. & Prof. Code, § 6086.13.
4 Bus. & Prof. Code, § 6140.5.
5 Bus. & Prof. Code, § 6203(d)(3).
6 See rules 3.325–3.330.
7 Bus. & Prof. Code, § 6140.05.
Division 3. Licensee Status
Rule 2.30 Inactive license status
(A.) Any licensee not under suspension, who does not engage in any of the activities listed in California, may, upon written request(1), be enrolled as an inactive licensee. The State Bar may, in any case in which to do otherwise would work an injustice, permit retroactive enrollment of inactive licensees.
(B.) No licensee practicing law, or occupying a position in the employ of or rendering anylegal service for an active licensee, or occupying a position wherein he or she is called upon in any capacity to give legal advice or counsel or examine the law or pass upon the legal effect of any act, document or law, shall be enrolled as an inactive licensee.
(C.) Notwithstanding (A) and (B) a licensee serving for a court or any other governmental agency as a referee, hearing officer, court commissioner, temporary judge, arbitrator, mediator or in another similar capacity is eligible for enrollment as an inactive licensee ifhe or she does not otherwise engage in any of the activities listed in (B) or hold himself or herself out as being entitled to practice law.
Rule 2.30 adopted effective August 19, 2006; amended effective July 20, 2007; amended effective January 25, 2019; amended effective September 22, 2023.
Rule 2.31 Change of license status
(A) A licensee may apply to change from active to inactive status or vice versa by submitting the Transfer to Active Status Form or the Transfer to Inactive Status Form with the transfer fee indicated in the Schedule of Charges and Deadlines. A change to inactive with an effective date on or before December 31 entitles the licensee to pay the annual fees of an inactive licensee for the following year unless the licensee thereafter changes their status from inactive to active. A Transfer to Inactive form with an effective license status change date of December 31 or earlier must be properly submitted to the StateBar by December 1 of the same year for the licensee to qualify for the inactive license fee rate for the following year. A Transfer to Inactive Status form submitted afterDecember 1 or with an effective date after December 31 will be accepted and processed, but the licensee must pay annual fees at the active rate and is not entitled toa refund because of the change to inactive status.
(B) While suspended, a licensee cannot change license status.
Rule 2.31 adopted effective June 17, 2006; amended effective July 20, 2007; amended effective; January 25, 2019; amended effective September 20, 2024.
Rule 2.32 Inactive enrollment for failure to comply with Minimum Continuing Legal Education (MCLE) requirements
(A) A licensee who fails to meet requirements for Minimum Continuing Legal Education (MCLE) will be involuntarily enrolled as inactive.
(B) To terminate inactive enrollment for MCLE noncompliance, a licensee must comply with the MCLE rules governing reinstatement(2).
(C) Annual license fees accrue at the inactive rate.
Rule 2.32 adopted effective June 17, 2006; amended effective July 20, 2007; amended effective January 25, 2019.
Rule 2.33 Suspension for failure to pay annual license fees and outstanding penalties or costs
(A) A licensee who fails to pay annual license fees or any outstanding penalties or costs will be sent a final delinquency notice at the licensee’s address of record. If the State Bar fails to receive full payment of the amount due within two months of sending the final delinquency notice, the State Bar will recommend that the Supreme Court suspend the licensee from the practice of law(3).
(B) Annual license fees accrue according to the licensee’s status prior to suspension.
(C) To terminate suspension for nonpayment, a licensee must pay
- all current and accrued fees, penalties, and costs; and
- the reinstatement fee set forth in the Schedule of Charges and Deadlines.
The payment must be made by a credit card accepted by the State Bar, in cash, or by cashier's check, money order, bank certified check, or wire transfer.
(D) The State Bar will seek by an amendment nunc pro tunc to retroactively strike the name of a licensee from the Supreme Court Order of Suspension for Nonpayment if the suspension resulted from State Bar error.
(E) Annually the State Bar may recommend that the Supreme Court expunge a suspension for nonpayment of license fees if the suspension meets the criteria adopted by the court(4).
Rule 2.33 adopted effective June 17, 2006; amended effective July 20, 2007; section (E) adopted effective July 20, 2007; amended effective January 25, 2019.
Rule 2.34 Suspension for failure to comply with a family or child support obligation
(A) A licensee identified under the terms of Family Code § 17520 as failing to comply with a judgment or court order for child or family support will be suspended from the practice of law by the Supreme Court.5 5 California Rules of Court(5).
(B) The State Bar will send a written notice of suspension for failure to pay child or family support to the licensee’s address of record. The suspension will be effective on the date ordered by the Supreme Court.
(C) The State Bar will ask the Supreme Court to reinstate a licensee if it receives statutory notice(6) that the obligation has been discharged, if the licensee submits a declaration under penalty of perjury stating whether the licensee practiced law during the suspension and if the licensee has paid any surcharge authorized by statute(7).
(D) If a reinstated licensee subsequently fails to comply with a judgment or court order for child or family support(8), the State Bar will request that the Supreme Court suspend the licensee within thirty days and will send written notice of its request to the licensee’s address of record.
(E) Annual license fees accrue according to the licensee’s status prior to suspension.
Rule 2.34 adopted effective June 17, 2006; amended effective July 20, 2007; amended effective January 17, 2014; amended effective January 25, 2019.
Rule 2.35 Suspension for disciplinary violations
A licensee on actual rather than stayed suspension for disciplinary violations for part of a year must pay full annual license fees. Annual license fees do not accrue during periods of suspension that last an entire year.
Rule 2.35 adopted effective June 17, 2006; amended effective July 20, 2007; amended effective January 25, 2019.
Rule 2.36 Suspension for failure to pay state taxes
(A) A licensee identified under the terms of Business and Professions Code section 494.5 as delinquent in the payment of state taxes will be suspended from the practice of law by the Supreme Court(9).
(B) The State Bar will send a written notice of suspension for failure to pay state taxes to the licensee’s address of record. The suspension will be effective on the date ordered by the Supreme Court.
(C) The State Bar will ask the Supreme Court to reinstate a licensee if it receives statutory notice(10) releasing the licensee, if the licensee submits a declaration under penalty of perjury stating whether the licensee practiced law during the suspension and if the licensee has paid any fee authorized by statute(11).
(D) If a reinstated licensee subsequently fails to comply with an installment payment agreement that the licensee entered into with the State Franchise Tax Board or the State Board of Equalization,(12) the State Bar will request that the Supreme Court suspend the licensee within thirty days and will send written notice of its request to the licensee’s address of record.
(E) Annual license fees accrue according to the licensee’s status prior to suspension.
Rule 2.36 adopted effective January 17, 2014; amended effective January 25, 2019.
Rule 2.40 Multiple accrual rates for annual license fees
If under these rules there is a conflict in the rate at which a licensee accrues fees, the active rate applies.
Rule 2.40 adopted as Rule 2.36 effective July 20, 2007; renumbered as Rule 2.40 effective January 17, 2014; amended effective January 25, 2019.
Rule 2.45 Voluntary resignation
(A) A licensee may tender a voluntary resignation from the State Bar of California if:
- the licensee is not
- currently suspended from the practice of law as a result of the imposition of discipline by the California Supreme Court;
- currently subject to a period of probation or to conditions attached to a public or private reproval pursuant to discipline imposed by the State Bar Court or the California Supreme Court; or
- currently subject to the terms of an agreement in lieu of discipline that the licensee has entered into with the Office of the Chief Trial Counsel;
- the licensee does not currently have a disciplinary complaint, investigation or proceeding pending against him or her with any professional licensing agency in California or another jurisdiction;
- the licensee is neither currently charged with the commission of a felony or misdemeanor nor aware that he or she is the subject of a current criminal investigation or grand jury proceeding for the alleged commission of a felony or misdemeanor; and
- the licensee
- has never been convicted of a felony or misdemeanor listed in Business and Professions Code section 6068(o)(5);
- has been convicted of a felony or misdemeanor listed in Business and Professions Code section 6068(o)(5) and has been disciplined as a result of the conviction; or
- has been convicted of a felony or misdemeanor listed in Business and Professions Code section 6068(o)(5) but the related disciplinary proceeding was dismissed without the imposition of discipline.
(B) A licensee who is eligible to tender his or her voluntary resignation pursuant to subsection (A) of this rule must complete and execute, under penalty of perjury, the voluntary resignation form approved by the Board of Trustees and submit the original of the form to the State Bar’s Office of Attorney Regulation & Consumer Resources.
(C) Upon tendering his or her voluntary resignation and until the California Supreme Court accepts or rejects the resignation, the licensee is immediately enrolled as an inactive licensee of the State Bar of California and is ineligible to practice law or claim in any way to be entitled to practice law.
(D) A licensee’s voluntary resignation is effective only when it is accepted by the California Supreme Court.
(E) A false statement made by a licensee in tendering his or her voluntary resignation under this rule
- may result in an order of the Supreme Court denying or vacating the licensee’s resignation;
- constitutes cause for disbarment or suspension; and
- may be punished as contempt or as a crime.
Rule 2.45 adopted as Rule 2.37 effective April 1, 2009; amended effective May 15, 2009; amended effective January 1, 2012; renumbered as Rule 2.45 effective January 17, 2014; amended effective January 25, 2019.
Rule 2.46 Noncompliance with Attorney Fingerprinting Requirement
(A) Definition: Noncompliance is failure to submit proof that fingerprints have been taken in accordance with State law and State Bar procedures.
(B) Enrollment as inactive for fingerprinting noncompliance
- A licensee determined by the State Bar to be in noncompliance with State Bar fingerprinting requirements will be enrolled as inactive and not eligible to practice law. The enrollment is administrative and no hearing is required.
- All licensees will receive notices of noncompliance at least 60 days prior to involuntary inactive enrollment.
(C) Reinstatement following fingerprinting noncompliance
- Enrollment as inactive for fingerprinting noncompliance terminates when a licensee submits proof of compliance.
Rule 2.46 adopted effective May 18, 2018; amended effective January 25, 2019.
- Rule 2.31(A).
- See rule 2.93.
- Bus. & Prof. Code, § 6143.
California Rules of Court, rule 9.8(b).
California Rules of Court, rule 9.22.
- Fam. Code, § 17520.
- California Rules of Court, rule 9.22; Fam. Code, § 17520(n).
- Fam. Code, § 17520(l).
- California Rules of Court, rule 9.24.
- Bus. & Prof. Code, § 494.5.
- California Rules of Court, rule 9.24; Bus. & Prof. Code, § 494.5(l).
- Bus. & Prof. Code, § 494.5(j).
Division 4. Minimum Continuing Legal Education
Last amended effective November 14, 2024.
Chapter 1. Purpose and scope
Rule 2.50 Purpose of MCLE
Rules for Minimum Continuing Legal Education (MCLE) require active licensees of the State Bar of California to remain current regarding the law, the obligations and standards of the legal profession, and the management of their practices. A licensee’s involuntary enrollment as inactive for failing to comply with these rules is public information available on the State Bar website.
Rule 2.51 Definitions
(A) An “MCLE activity” is minimum continuing legal education that is accredited by the State Bar as meeting the standards for MCLE credit.
(B) An “LSMCLE” activity is legal specialty minimum continuing legal education that is accredited by the State Bar as meeting the standards for LSMCLE and MCLE credit as set forth in rule 3.114. Any requirements for an MCLE activity as set forth in these rules apply to an LSMCLE activity.
(C) A “provider” is an individual or entity approved by the State Bar to grant MCLE or LSMCLE credit for MCLE or LSMCLE activity.
(D) “MCLE credit” is the number of credit hours that a licensee may claim to meet the requirements of these rules.
(E) A “credit hour” is sixty minutes actually spent in an MCLE activity. A credit hour is reported to the nearest quarter hour in decimals, and includes time for introductory and concluding remarks and for questions and answers. Time spent in breaks or lunch periods, and participating in any nonlegal education functions, including but not limited to networking, business meetings, tours, or demonstrations is not activity that may be applied to a credit hour or receive MCLE credit.
(F) An “approved jurisdiction” is recognized by the State Bar as having MCLE requirements that substantially meet State Bar standards for MCLE activities and computing MCLE credit hours in a manner acceptable to the State Bar. Approved jurisdictions are listed on the State Bar website.
(G) A “participatory activity” is an MCLE or LSMCLE activity for which the provider must verify attendance. Participatory activities may be presented in person or delivered by electronic means.
(H) A “self‐study activity” is any MCLE activity identified in rule 2.83. Self‐study activities may be presented in person or delivered by electronic means.
Rule 2.52 MCLE activities
To receive MCLE credit, a licensee must complete an MCLE activity that meets State Bar standards set forth in rule 3.601.
Rule 2.53 New licensees
(A) A new licensee is permanently assigned to a MCLE compliance group on the date of admission.
(B) The initial MCLE compliance period for a new licensee begins on the first day of the month in which the licensee was admitted. It ends when the period ends for the compliance group. If the initial period is less than the period for the compliance group, the required credit hours may be reduced as provided in these rules(1).
(C) A new licensee may not claim credit for education taken before the initial compliance period.
Rule 2.54 Exemptions
(A) The following active licensees are exempt from MCLE requirements, provided they claim the exemption in their assigned compliance periods using My State Bar Profile online or an MCLE Compliance Form:
- officers and elected officials of the State of California;
- full‐time professors at law schools accredited by the State Bar of California or the American Bar Association;
- those employed full‐time by the State of California on a permanent or probationary basis, regardless of their working hours, who do not otherwise practice law; and
- those employed full‐time by the United States government on a permanent or probationary basis, regardless of their working hours, who do not otherwise practice law.
(B) Licensees whom this rule exempts by reason of their employment with the State of California or the United States government may provide pro bono legal services through a California qualified legal services project or a qualified support center,2 2 Bus. & Prof. Code, § 6213. or through a legal services project or support center that primarily provides legal services without charge to indigent persons in another jurisdiction and is funded by the Legal Services Corporation or the Older Americans Act or receives funding administered by the jurisdiction’s interest on lawyers trust accounts program.
Rule 2.55 Modifications
A licensee prevented from fulfilling the MCLE requirement for a substantial part of a compliance period because of a physical or mental condition, natural disaster, family emergency, financial hardship, or other good cause may apply for modification of MCLE compliance requirements. Compliance requirements remain in effect unless a modification is approved by the State Bar.
Chapter 2. Compliance
Rule 2.70 Compliance groups
A licensee is permanently assigned to one of three compliance groups on the basis of the first letter of the licensee’s last name at the date of admission(3). The three groups are A‐G, H‐M, and N‐Z. The licensee remains in the compliance group despite any subsequent change of last name.
Rule 2.71 Compliance periods
A compliance period consists of no less than thirty‐six months. The compliance period begins on the commencement date set forth in the Schedule of Charges and Deadlines and ends no less than thirty-six months later on the day before the compliance deadline as set forth in the Schedule of Charges and Deadlines. The three compliance groups begin and end their compliance periods in different years. A licensee must report MCLE compliance no later than the day following the end of the compliance period. The report must be made online using My State Bar Profile or with an MCLE Compliance Form. Fees for noncompliance are set forth in the Schedule of Charges and Deadlines.
Rule 2.72 Requirements
(A) Until December 31, 2021, all licensees shall be subject to the following:
- Unless these rules indicate otherwise, a licensee who has been active throughout a thirty‐six‐month compliance period must complete twenty‐five credit hours of MCLE activities. No more than twelve and a half credit hours may be self‐study(4). Total hours must include no less than 6 hours as follows:
- at least four hours of legal ethics;
- at least one hour dealing with the recognition and elimination of bias in the legal profession and society by reason of, but not limited to, sex, color, race, religion, ancestry, national origin, physical disability, age, or sexual orientation; and
- at least one hour of education addressing substance abuse or other mental or physical issues that impair a licensee’s ability to perform legal services with competence.
- Required education in legal ethics, elimination of bias, or competence issues may be a component of an approved MCLE activity that deals with another topic.
- A licensee may reduce the required twenty‐five hours in proportion to the number of full months the licensee was inactive or exempt in the thirty‐six‐ month compliance period. Up to half the reduced hours may be self‐study(5). A tool for applying this formula is available at the State Bar website.
- Excess credit hours may not be applied to the next compliance period(6).
(B) On and after January 1, 2022, all licensees shall be subject to the following:
- Licensees reporting for the compliance periods ending January 31, 2022, shall be subject to the requirements set forth in paragraphs (A)(1), (A)(2), (A)(3), and (A)(4) for the compliance period ending January 31, 2022.
- Beginning with the compliance period ending January 31, 2023, all licensees shall comply with the following:
- Unless these rules indicate otherwise, a licensee who has been active throughout a thirty‐six‐month compliance period must complete twenty‐ five credit hours of MCLE activities. No more than twelve and a half credit hours may be self‐study(7). Total hours must include no less than 7 hours as follows:
- at least four hours of legal ethics;
at least two hours dealing with the recognition and elimination of bias in the legal profession and society by reason of, but not limited to, sex, color, rage, religion, ancestry, national origin, physical disability, age, or sexual orientation;
1. Of those two hours, at least one hour must focus on implicit bias and the promotion of bias‐reducing strategies to address how unintended biases regarding race, ethnicity, gender identity, sexual orientation, socioeconomic status, or other characteristics undermine confidence in the legal system; and
- at least one hour of education addressing substance abuse or other mental or physical issues that impair a licensee’s ability to perform legal services with competence.
- Required education in legal ethics, elimination of bias, or competence issues may be a component of an approved MCLE activity that deals with another topic, consistent with the requirements of rule 2.52(F).
- A licensee may reduce the required twenty‐five hours in proportion to the number of full months the licensee was inactive or exempt in the thirty‐six‐month compliance period, except that the requirements of paragraphs (B)(2)(a)(ii) and (B)(2)(a)(iii) may not be reduced to less than one hour each. Up to half the reduced hours may be self‐study(8). A tool for applying this formula is available at the State Bar website.
- Excess credit hours may not be applied to the next compliance period(9).
- Unless these rules indicate otherwise, a licensee who has been active throughout a thirty‐six‐month compliance period must complete twenty‐ five credit hours of MCLE activities. No more than twelve and a half credit hours may be self‐study(7). Total hours must include no less than 7 hours as follows:
(C) On and after January 1, 2024, all licensees shall be subject to the following:
- Licensees reporting for the compliance period ending January 31, 2024, shall be subject to the requirements set forth in paragraphs (B)(1) and (B)(2) for the compliance period ending January 31, 2024.
- Beginning with the compliance period ending January 31, 2025, all licensees shall comply with the following:
- Unless these rules indicate otherwise, a licensee who has been active throughout a thirty‐six‐month compliance period must complete twenty‐ five credit hours of MCLE activities. No more than twelve and a half credit hours may be self‐study(10). Total hours must include no less than 10 hours as follows:
- at least four hours of legal ethics;
- at least two hours dealing with the recognition and elimination of bias, one hour of which must focus on implicit bias and the promotion of bias‐reducing strategies;
- at least two hours of education addressing competence, one hour of which must focus on prevention and detection;
- at least one hour of education addressing technology in the practice of law; and
- at least one hour of education addressing civility in the legal profession(11)
- Required education in legal ethics, elimination of bias, or competence, technology in the practice of law, and civility in the legal profession may be a component of an approved MCLE activity that deals with another topic, consistent with the requirements of rule 2.52(F).
- A licensee may reduce the required twenty‐five hours in proportion to the number of full months the licensee was inactive or exempt in the thirty‐six‐month compliance period, except that the requirements of paragraphs (C)(2)(a)(ii) and (C)(2)(a)(iii) may not be reduced to less than one hour each. Up to half the reduced hours be self‐study(12). A tool for applying this formula is available at the State Bar website.
- Excess credit hours may not be applied to the next compliance period(13).
- Unless these rules indicate otherwise, a licensee who has been active throughout a thirty‐six‐month compliance period must complete twenty‐ five credit hours of MCLE activities. No more than twelve and a half credit hours may be self‐study(10). Total hours must include no less than 10 hours as follows:
Rule 2.73 Record of MCLE
For a year after reporting MCLE compliance, a licensee must retain and provide upon demand and to the satisfaction of the State Bar
(A) a provider’s certificate of attendance;
(B) a record of self‐study that includes the title, provider, credit hours, and date of each MCLE activity; or
(C) proof of exempt status.
Chapter 3. MCLE activities approved for MCLE credit
Rule 2.80 Attending programs and classes
A licensee may claim MCLE credit for attending a MCLE activity, such as a lecture, panel discussion, or law school class, in person or by technological means.
Rule 2.81 Speaking
A licensee may claim participatory MCLE credit for speaking at an approved MCLE activity.
(A) A principal speaker, who is responsible for preparing and delivering a program or class and its related materials, may claim
- actual speaking time multiplied by four for the first presentation; or
- actual speaking time only for each time a presentation is repeated without significant change.
(B) A panelist may claim
- either of the following for the first panel presentation:
- scheduled individual speaking time multiplied by four, plus the actual time spent in attendance at the remainder of the presentation; or
- when times have not been scheduled for individual speakers, an equal share of the total time for all speakers multiplied by four plus the actual time spent in attendance at the remainder of the presentation.
- actual speaking time only for each time a presentation is repeated without significant change.
(C) A licensee who introduces speakers or serves as a moderator may claim only the MCLE credit available to any attendee.
Rule 2.82 Teaching
A licensee may claim participatory MCLE credit for teaching a law school course.
(A) A licensee assigned to teach a course may claim no more than the credit hours granted by the law school multiplied by twelve or actual speaking time for required MCLE in legal ethics, elimination of bias, or competence issues.
(B) A guest lecturer or substitute teacher may claim
- actual speaking time multiplied by four for the first presentation; or
- actual speaking time only for each time a presentation is repeated without significant change.
Rule 2.83 Self-study
A licensee may claim up to half the credit hours required in a compliance period for
(A) completing MCLE activities for which attendance is not verified by a provider and the MCLE activities were prepared within the preceding five years;
(B) taking an open‐ or closed‐book self‐test and submitting it to a provider who returns it with a grade and explanations of correct answers; or
(C) authoring or co‐authoring written materials that
- have contributed to the licensee’s legal education;
- have been published or accepted for publication; and
- were not prepared in the ordinary course of employment or in connection with an oral presentation at an approved MCLE activity.
Rule 2.84 Mock trial, moot court, and other competition activity
(A) A licensee may claim up to two hours of participatory MCLE credit for serving as an attorney coach or scorer or presiding judge for mock trials, moot court arguments, negotiation competitions, arbitration competitions, and mediation competitions involving substantive and procedural law at the middle, high school, college, graduate, and law school levels.
(B) MCLE credit hours are not available for grading written briefs or other written papers in connection with this type of MCLE activity.
(C) Additional hours cannot be claimed for preparation time.
(D) A licensee may not claim MCLE credit for legal ethics, elimination of bias, competence, technology in the practice of law, or civility in the legal profession as required by rule 2.72 for participation in this type of activity.
Rule 2.85 Education taken while physically out of state
(A) A licensee may claim MCLE credit for an MCLE activity authorized by an approved jurisdiction if it meets the requirements of these rules and if the licensee attends or does the MCLE activity outside California. A licensee may not claim credit for such an activity, including self‐study, when physically present in California unless the State Bar has specifically approved it.
(B) A licensee who qualifies for an MCLE activity authorized by an approved jurisdiction may claim the amount of credit authorized by the jurisdiction. No special procedure is required to claim the credit.
Rule 2.86 Licensee credit request
A licensee may apply for MCLE credit for an educational activity directly relevant to the licensee’s practice but not otherwise approved if the activity substantially meets State Bar standards. The application must be submitted with the appropriate fee.
Rule 2.87 Bar examinations and MPRE
A licensee may not claim MCLE credit for preparing for or taking a bar examination or the Multistate Professional Responsibility Examination (MPRE).
Chapter 4. Noncompliance
Rule 2.90 Definition
Noncompliance is failure to
- complete the required education during the compliance period or an extension of it;
- report compliance or claim exemption from MCLE requirements;
- keep a record of MCLE compliance(14); or
- pay fees for noncompliance.
Rule 2.91 Notice of noncompliance
(A) A licensee who is sent a notice of noncompliance must comply with its terms or be involuntarily enrolled as inactive. An inactive licensee is not eligible to practice law.
(B) If the notice requires the licensee to complete credit hours for the previous compliance period, any excess credit hours may be counted toward the current compliance period.
Rule 2.91 adopted effective January 1, 2008; amended effective January 25, 2019.
Rule 2.92 Enrollment as inactive for MCLE noncompliance
A licensee who fails to comply with a notice of noncompliance is enrolled as inactive and is not eligible to practice law. The enrollment is administrative and no hearing is required.
Rule 2.93 Reinstatement following MCLE noncompliance
Enrollment as inactive for MCLE noncompliance terminates when a licensee submits proof of compliance and pays noncompliance fees. Credit hours that exceed those required for compliance may be counted toward the current period.
- Rule 2.72 (C).
- Bus. & Prof. Code, § 6213.
- A historical exception exists. When the MCLE program was established in 1992, licensees were permanently assigned to compliance groups on the basis of their last names at the time, regardless of any different last names they might have used previously.
- Rule 2.83.
- Rule 2.83.
- But see rule 2.93.
- Rule 2.83.
- Rule 2.83
- But see rule 2.93.
- Rule 2.83.
- See rule 3.601
Division 5. Trust Accounts
Chapter 1. Global provisions
Rule 2.100 Definitions
(A) A “Chargeable fee” is a per-check charge, per-deposit charge, fee in lieu of minimum balance, federal deposit insurance fee, or sweep fee.
(B) A "Client" is a person or a group of persons that has engaged the attorney or firm for a common purpose.
(C) “Comparably conservative” in Business and Professions Code 6213(j) includes, but is not limited to, securities issued by Government Sponsored Enterprises.
(D) An “Exempt Account” is exempt from IOLTA requirements because it does not meet the productivity criteria established by the Legal Services Trust Fund Commission.
(E) “Funds” are monies held in a fiduciary capacity by a licensee for the benefit of a client or a third party.
(F) An “IOLTA account” is an Interest on Lawyers’ Trust Account as defined in Business and Professions Code section 6213(j).
(G) An “IOLTA-eligible institution” is an eligible institution as defined in 6213(k) that meets the requirements of these rules, State Bar guidelines, and the State Bar Act.
(H) “IOLTA funds” are the interest or dividends generated by IOLTA accounts.
(I) A “licensee” is a licensee and a licensee’s law firm.
(J) A “licensee business expense” is an expense that a licensee incurs in the ordinary course of business, such as charges for check printing, deposit stamps, insufficient fund charges, collection charges, wire transfer fees, fees for cash management, and any other fee that is not a chargeable fee.
Rule 2.100 adopted effective January 12, 2008; amended effective January 25, 2019.
Chapter 2. Licensees’ duties
Rule 2.110 Funds to be held in an IOLTA account
(A) Licensees must establish IOLTA accounts for funds that cannot earn income for the client or third party in excess of the costs incurred to secure such income because the funds are nominal in amount or held for a short period of time. In determining whether funds can earn income in excess of costs, a licensee must consider the following factors:
the amount of the funds to be deposited;
the expected duration of the deposit, including the likelihood of delay in resolving the matter for which the funds are held;
the rates of interest or dividends at eligible institutions where the funds are to be deposited;
the cost of establishing and administering non-IOLTA accounts for the client or third party’s benefit, including service charges, the costs of the licensee’s services, and the costs of preparing any tax reports required for income earned on the funds;
the capability of eligible institutions or the licensee to calculate and pay income to individual clients or third parties;
any other circumstances that affect the ability of the funds to earn a net return for the client or third party.
(B) The State Bar will not bring disciplinary charges against a licensee for determining in good faith whether or not to place funds in an IOLTA account.
Rule 2.110 adopted effective January 12, 2008; amended effective January 25, 2019.
Rule 2.111 Funds not to be held in an IOLTA account
(A) If a licensee determines that the funds can earn income for the benefit of the client or third party in excess of the costs incurred to secure such income, the funds must be deposited in a trust account in accordance with the provisions of Section 6211(b) of the Business and Professions Code and Rule 1.15 of the Rules of Professional Conduct or as the client or third party directs in writing.
(B) A licensee should not designate an exempt account1 as an IOLTA account.
Rule 2.111 adopted effective January 12, 2008; amended effective January 25, 2019; amended effective September 22, 2023.
Rule 2.112 Review of funds in an IOLTA account
A licensee must review an IOLTA account at reasonable intervals to determine whether changed circumstances require funds be moved out of the IOLTA account.
Rule 2.112 adopted effective January 12, 2008; amended effective January 25, 2019.
Rule 2.113 Charges against IOLTA funds
A licensee may allow an IOLTA-eligible institution to deduct chargeable fees permitted by Business and Professions Code 6212(c) from IOLTA funds. A licensee must pay any licensee business expense and may not allow the bank to deduct such expenses from IOLTA funds. If the State Bar becomes aware that a licensee business expense is erroneously deducted from IOLTA funds, the State Bar will inform the IOLTA-eligible institution and request that the error be corrected.
Rule 2.113 adopted effective January 12, 2008; amended effective January 25, 2019.
Rule 2.114 Reporting to the State Bar
A licensee must report compliance with these rules.
Rule 2.114 adopted effective January 12, 2008; amended effective January 25, 2019.
Rule 2.115 Consent to reporting
By establishing funds in an account, a licensee consents to the eligible institution’s furnishing account information to the State Bar as required by these rules, State Bar guidelines, and the State Bar Act.
Rule 2.115 adopted effective January 12, 2008; amended effective January 25, 2019.
Rule 2.116 Liquidity requirements
IOLTA accounts must allow prompt withdrawal of funds, except that such accounts may be subject to notification requirements applicable to all other accounts of the same class at the eligible institution so long as the notification requirement does not exceed thirty days.
Rule 2.117 Institution eligibility requirements
A licensee may place an IOLTA account only in an IOLTA-eligible institution. The State Bar will maintain a list of IOLTA-eligible institutions.
Rule 2.117 adopted effective January 12, 2008; amended effective January 25, 2019.
Rule 2.118 No change to other duties and obligations of a licensee
Nothing in these rules shall be construed as affecting or impairing the duties and obligations of a licensee pursuant to the statutes and rules governing the conduct of licensees of the State Bar including, but not limited to, provisions of Rule 1.15 of the Rules of Professional Conduct requiring a licensee to promptly notify a client of the receipt of the client's funds and to promptly pay or deliver to the client, as requested by the client, the funds in the possession of the licensee which the client is entitled to receive.
Rule 2.118 adopted effective January 12, 2008; amended effective January 25, 2019.
Chapter 3. Duties of an IOLTA eligible institution
Rule 2.130 Comparable Interest Rate or Dividend Requirement
(A) An IOLTA-eligible institution must pay comparable interest rates or dividends as required under Business and Professional Code 6212(b) and 6212(e) and may choose to do so in one of three ways:
allow establishment of IOLTA accounts as comparable-rate products;
pay the comparable-product rate on IOLTA deposit accounts, less chargeable fees, if any; or
pay the Established Compliance Rate determined by the Legal Services Trust Fund Commission.
(B) "Accounts of the same type" in section 6212(b) refers to comparable-rate products described in sections 6212(e) and 6212(j) for which the IOLTA-eligible institution pays no less than the highest interest rate or dividend generally available from the institution to non-IOLTA account customers when the IOLTA account meets the same minimum balance or other eligibility qualifications.
Rule 2.130 adopted effective January 12, 2008.
Rule 2.131 Payments to the State Bar
An IOLTA-eligible institution must remit payments to the State Bar in accordance with Business and Professions Code 6212(d)(1-3) and State Bar rules and guidelines.
Rule 2.131 adopted effective January 12, 2008.
1 As defined in Rule 2.100 (D)
Division 6. New Attorney Training
Chapter 1. Purpose and scope
Rule 2.140 Definition of New Attorney Training
State Bar New Attorney Training is made available directly from the State Bar and is focused on law practice competency for newly admitted licensees.
Rule 2.140 adopted effective July 18, 2024.
Rule 2.141 Compliance Period
(A) A new licensee is required to complete a State Bar New Attorney Training program during the first year of admission. Compliance with State Bar New Attorney Training must be effectuated and reported completed, in a manner established by the State Bar, by the last day of the month of an attorney’s one-year anniversary as a State Bar licensee. Fees for noncompliance are set forth in the Schedule of Charges and Deadlines.
(B) New licensees who have completed any portion of the State Bar New Attorney Training program while enrolled in the State Bar’s Provisional Licensure Program(1) are deemed to have satisfied that portion of the requirement and, therefore, do not have to retake that portion of the New Attorney Training program.
Rule 2.141 adopted effective July 18, 2024.
Rule 2.142 Relationship to MCLE
(A) The State Bar New Attorney Training is not MCLE.
(B) Notwithstanding paragraph (A), new licensees can apply State Bar New Attorney Training hours to their MCLE requirement, provided that the hours are completed within the licensee’s MCLE compliance period.
Rule 2.142 adopted effective July 18, 2024.
Rule 2.143 Exemptions
There are no exemptions from the State Bar New Attorney Training.
Rule 2.143 adopted effective July 18, 2024.
Rule 2.144 Modifications
A licensee prevented from fulfilling the State Bar New Attorney Training requirement because of a physical or mental condition, natural disaster, family emergency, financial hardship, or other good cause may apply for modification of their compliance requirements. Compliance requirements remain in effect unless a modification is approved.
Rule 2.144 adopted effective July 18, 2024.
Chapter 2. Noncompliance
Rule 2.150 Definition
Noncompliance is failure to:
(A) Complete the required State Bar New Attorney Training during the compliance period or an extension of it; or
(B) Pay fees for noncompliance.
Rule 2.150 adopted effective July 18, 2024.
Rule 2.151 Notice of noncompliance
A licensee who is sent a notice of noncompliance must comply with its terms or be involuntarily enrolled as inactive. An inactive licensee is not eligible to practice law.
Rule 2.151 adopted effective July 18, 2024.
Rule 2.152 Enrollment as inactive for State Bar New Attorney Training noncompliance
A licensee who fails to comply with a notice of noncompliance is enrolled as inactive and is not eligible to practice law. The enrollment is administrative and no hearing is required.
Rule 2.152 adopted effective July 18, 2024.
Rule 2.153 Reinstatement following State Bar New Attorney Training noncompliance
Enrollment as inactive for State Bar New Attorney Training noncompliance terminates when a licensee completes the training and pays noncompliance fees and reinstatement fees.
Rule 2.153 adopted effective July 18, 2024.
1 California Rule of Court, Rule 9.49.