Depending on the circumstances, the arbitrator will consider several factors in reaching a decision. These may include:

• Whether there was a written fee agreement;
• The value of the attorney’s services;
• Whether the attorney spent an appropriate amount of time on your case;
• Whether there are any billing errors; and
• Whether any professional negligence or misconduct by the attorney affected the value of the services.

The arbitrator will decide the matter based on written submissions and the evidence presented at the hearing. The award will be either binding or nonbinding, depending on what the two parties choose.

A SAP’s application/program is approved for a period of two years from the date of the activity. An approval for MAP status is granted for a period of two years.

Fees for active attorneys

The total fees will be $598. This includes a $478 base fee (Bus. & Prof. Code, §6140, 6140.10, 6140.11, 6140.13, and 6140.14) and the following legislatively mandated fees:

$25 for disciplinary activities (§6140.6)
$40 for the Client Security Fund (§6140.55)
$10 for the Lawyer Assistance Program (§6140.9)
$45 for legal aid (§6140.03)

Fees for inactive attorneys

The total fees will be $205. This includes a $120 base fee (Bus. & Prof. Code, §6140) and the following legislatively mandated fees:

$25 for disciplinary activities (§6140.6)
$40 for the Client Security Fund (§6140.55)
$10 for the Lawyer Assistance Program (§6140.9)
$45 for legal aid (§6140.03)

In nonbinding arbitration, once the decision is served, either party has 30 days to file a court action to reject the award and ask for a trial. The party who files this action becomes the plaintiff in a lawsuit. This may require additional costs, and you may wish to have a new attorney represent you.

You may also pay for your California Lawyers Association Section fees. All licensees will also have the opportunity to donate to the Greg E. Knoll Justice Gap Fund, California ChangeLawyers (formerly the California Bar Foundation), the Legislative Activities Fund, and the California Supreme Court Historical Society. 

Only MAPs are listed on the State Bar’s website. A provider with MAP status is considered to have demonstrated a strong understanding of both the standards for approval of MCLE activities and their responsibilities as outlined in the MCLE provider rules, and therefore, activities held by these providers are presumed to be approved by the State Bar.

The decision to choose nonbinding or binding arbitration is up to the parties.

Fee arbitrations are nonbinding unless the parties agree in writing, after the dispute arises, to binding arbitration before the arbitrator takes any evidence. If only one of the parties agrees to binding arbitration, or if a party fails to respond, the matter will proceed as nonbinding arbitration.

If neither party files an action in court to reject the award and request a trial within 30 days of the date the award is served, the nonbinding award will automatically become binding on the parties. If the arbitration is binding, the award is final when issued, and neither you nor the attorney can request a new trial in court. A binding award can only be corrected or vacated by a court for very limited reasons.

Activities that qualify for general MCLE credit must: (1) relate to legal subjects that are directly relevant to California attorneys, and (2) offer current, significant educational, professional, or practical content with the specific objective of increasing each participant’s professional competency as an attorney. Programs created primarily for nonattorney audiences (for example, general public, clients, or business staff) do not qualify and will not be approved for general MCLE credit. More on Standards for MCLE activity Approval.