Does the State Bar have information about malpractice insurance?

The State Bar sponsors professional liability insurance through CalBar Connect.

Most legal aid and pro bono programs provide malpractice insurance for attorneys and other advocates volunteering through their organizations. You should always check with your pro bono provider for more specific information about coverage.

What happens if I just ignore the MCLE audit?

Failure to comply with the audit by the deadline will result in the assessment of a $103 late penalty and the issuance of a 60-day notice. Failure to pay the penalty and comply with the audit by the deadline on the notice will result in your placement on Administrative Inactive Status or Not Eligible to Practice status until you submit the required proof of compliance, pay the $103 penalty and an additional $205 reinstatement fee. You will not be eligible for reinstatement until you comply with the audit.  You may also be referred to the State Bar discipline system for filing a false declaration of compliance.

Do I have to take the First-Year Law Students’ Exam (FYLSX) if I complete my legal studies through the LOS Program?

All students in the LOS Program are required to take and pass the FYLSX after completing their first year of study, unless you establish an exemption, as specified in rule 4.55(A) of the Rules of the State Bar.

You must take and pass the FYLSX within the first three consecutive administrations of first becoming eligible to receive credit for your law study completed to date. If you fail to take or pass it after the first three consecutive administrations of first becoming eligible to take the exam, upon passage, you will only receive credit for your first year of legal studies.

If you completed law study at an accredited or registered law school prior to beginning the LOS Program, you are required to provide official, sealed law school transcripts. The Office of Admissions will evaluate your prior completed law study to determine if you are exempt from the FYLSX. In addition, the Office of Admissions will advise how much credit has been recognized for the prior law school study and let you know how much more study you need to complete in the LOS Program to qualify for the California Bar Exam.

What happens to my files if my attorney dies?

If your deceased attorney was part of a law firm or law partnership, that firm would maintain custody of your file.

If your deceased attorney was a sole practitioner, you will need to obtain new counsel. Generally, the executor or administrator of the attorney's estate is responsible for notifying clients and returning their files. In some instances, the local superior court may appoint a practice administrator to handle these duties.

In other instances, the deceased attorney's law practice may be sold to another member of the bar. (Such sales are governed by ethical limitations outlined in the Rules of Professional Conduct).

Finally, there are unfortunate instances in which an attorney dies leaving no responsible person in charge of the law practice. In those instances, the State Bar or local county bar associations may assist in winding down the law practice (after obtaining authorization from the Superior Court).

Your first step should be to contact the law offices of your deceased attorney to determine whether your file is available. If you are unsuccessful, you may contact the State Bar Office of Chief Trial Counsel: 800-843-9053

Can I be trained in an area outside my usual practice?

Yes. Many legal aid and pro bono legal services providers offer training in substantive legal areas that volunteer attorneys may not already be familiar. You can learn about a new area of law and, in many cases, be connected with a mentor who is an expert in the field, who can answer questions that may come up as you go along. Pro bono work is a great way to gain both knowledge and experience. Contact a pro bono or qualified legal services provider to explore the opportunities. You can also find training opportunities through the Practising Law Institute or Pro Bono Training Institute.

How do I know when I am eligible to take the FYLSX?

An applicant becomes eligible to take the FYLSX after completion of their first year of law study. If your second session, which completes the first year, ends prior to the final eligibility deadline for the current FYLSX, you are strongly encouraged to apply for the FYLSX, as it will be considered your first eligible administration in the calculation of your legal study credit.

The final eligibility deadline is two weeks prior to the exam. All deadlines for the FYLSX can be found on our First-Year Law Students’ Examination webpage.

How should I manage potential conflicts of interest when enrolled in both the Law Office Study Program and the Certified Law Student Program?

Applicants enrolled in both programs, along with their respective supervisors, are expected to take proactive steps to avoid or address any actual or potential conflicts of interest or ethical issues. This includes exercising good judgment in situations where their dual roles may overlap. For example, an applicant who studies in the Law Office Study Program under the supervision of a judge should avoid appearing before that same judge when representing a client in the Certified Law Student Program.

What pro bono work can a transactional lawyer do?

A number of legal services providers have projects specifically designed to use your skills as a transactional lawyer. In addition, there are many types of pro bono litigation matters, including some that may be of interest to you. Providers generally offer training and mentoring so you are well-supported throughout the pro bono engagement.

Where can I find information about opening and closing a law practice?

The State Bar offers information for attorneys on subjects such as starting a limited liability partnership, rules about starting a law corporation, and closing a practice.