What is the difference between arbitration and mediation?
Both arbitration and mediation involve a neutral third party. In arbitration, the arbitrator hears evidence and arguments, and then issues a decision that may be binding or nonbinding. In mediation, the mediator helps the parties reach their own voluntary agreement.
Can my attorney require me to participate in fee mediation?
No. Both sides must agree to mediation. The State Bar will notify the opposing party if mediation is requested.
What is the deadline for requesting fee arbitration and mediation?
If you received a Notice of Client’s Right to Fee Arbitration form from the attorney, you have 30 days from the date you received it to submit your arbitration request form to the program. You must also submit your arbitration request if you first wish to mediate the fee dispute.
If you do not file the request form within 30 days of receiving the notice, you will lose your right to arbitrate your fee dispute. A telephone call or letter to the program requesting arbitration will not protect that right. You must be sure that the request form is complete and submitted with any required filing fee.
If the attorney has already filed a lawsuit against you for unpaid fees, you may elect either to respond to the lawsuit or request fee arbitration. If you file a response to the lawsuit, you will lose your right to arbitrate the fee dispute. If you request arbitration, the lawsuit will be stayed, but you should file the appropriate notice of automatic stay with the court. To preserve your right to arbitrate, you should file a request for arbitration promptly.
Your request for mediation is part of the State Bar request for arbitration, so it will follow the same timelines listed above.
If I think an attorney has engaged in misconduct or malpractice, will fee mediation help me?
No. The mediator will not decide any issues related to attorney misconduct and/or malpractice and has no authority to make any determinations regarding the attorney’s conduct or to discipline attorneys for professional misconduct.
If you wish to file a disciplinary complaint with the State Bar of California about your attorney’s conduct, you may do so online. Please keep in mind that a discipline complaint and a request to arbitrate and mediate a fee dispute are separate matters. Filing a complaint may result in disciplinary action against the attorney; however, the result may or may not require the attorney to refund fees.
If you think you have a separate claim for legal malpractice, you should seek legal counsel.
May I ask for fee mediation if I want a refund of fees I have already paid to an attorney?
If you are seeking a refund of attorney’s fees that you have already paid, you may request fee mediation as a preliminary option along with arbitration as long as you are still within the legal time limit for filing a lawsuit about the fee dispute. To preserve your right to arbitrate, and to potentially mediate a fee dispute, you should file a request for arbitration promptly.
How do I request fee mediation?
For disputes filed with the State Bar, simply check the box agreeing to mediate on the request for fee arbitration form. Some local bar associations offer fee mediation in addition to fee arbitration. Find local fee arbitration programs.
Can an attorney refuse to mediate a disputed fee?
Yes. Mediation is voluntary and either side can decline to mediate. All parties must agree for a mediation to go forward.
What happens at a fee mediation?
Mediations will take place by videoconference. Usually, the parties are in separate areas to start but may be brought together later in the process. The mediator will typically meet separately with one party, and then the other, to understand their perspectives and to identify areas of potential agreement. This “shuttle diplomacy” will take place until an agreement is reached, or until it is clear to the mediator that it is not possible for the parties to reach an agreement. If an agreement is reached, it will be memorialized in a writing called a settlement agreement.
You may be represented by an attorney, but it is not required. You can arrange for an interpreter to attend the mediation with you.
The mediation is confidential. This means that nothing said in a mediation can be used as evidence in any later proceeding by any party at the mediation.
Should I agree to mediation?
The decision to agree to mediate is entirely up to you, but the attorney will also have to agree in order for the mediation to occur.
How does the Fee Mediation Program work?
If the dispute is eligible to be filed with the State Bar for fee arbitration, you will have the option of agreeing to mediation as part of the request for arbitration. Some local bars also offer fee mediation, but most local programs only offer fee arbitration.
When you complete the Request for Arbitration with the State Bar, you will be asked to indicate whether you are interested in mediating the fee dispute. Once your request is accepted, including receipt of payment of the applicable fee arbitration filing fee, the State Bar will serve your request to the opposing party. As part of the opposing party’s written reply to the request, they will indicate whether they agree to mediate the fee dispute prior to arbitration.
If both parties agree to mediation, a mediator will be assigned to help you and attorney try to reach a settlement of your dispute, and you will receive further instructions at that time.
How do I file a complaint against my lawyer or a lawyer referral service?
If you believe your lawyer has done something wrong, you can file a complaint with the State Bar. Complaints may be submitted online or by mail. If you have questions or need assistance in completing the form, call the State Bar’s Attorney Complaint Hotline at 800-843-9053. For more information on reporting a lawyer to the State Bar and handling other problems, read the legal guide If You Have a Problem with an Attorney.
If you have a complaint about a certified or uncertified LRS, you can file a complaint against the service with the State Bar. In order to promote public protection, the State Bar will review your complaint to determine if the LRS has violated Business and Professions Code Section 6155 and State Bar Rules.
For more information on certified lawyer referral services, contact LRS@calbar.ca.gov.
When are the annual fees due?
The due date is by March 30, or the next business day if that date falls on a weekend or holiday, each year during the annual license renewal process. The 2025 annual deadline is April 1, 2025. If you miss the deadline, you will be charged a penalty ($103 for active attorneys, $31 for inactive attorneys).
What activities qualify for general MCLE credit?
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.
What is IOLTA?
IOLTA stands for Interest on Lawyers’ Trust Accounts. Attorneys deposit client funds that they plan to hold briefly, or that are too small to earn interest for the client, into larger shared accounts. Over 73,000 attorneys make deposits in approximately 49,000 IOLTA accounts in California. As of September 2019, IOLTA accounts hold nearly $5 billion. Any interest earned on these accounts is paid by financial institutions to the State Bar, which in turn distributes those funds as grants to qualified nonprofit civil legal organizations throughout the state.
Refer to the State Bar’s IOLTA FAQ page for more information.
How do I file a complaint against my lawyer or a lawyer referral service?
If you believe your lawyer has done something wrong, you can file a complaint with the State Bar. Complaints may be submitted online or by mail. If you have questions or need assistance in completing the form, call the State Bar’s Attorney Complaint Hotline at 800-843-9053. For more information on reporting a lawyer to the State Bar and handling other problems, read the legal guide If You Have a Problem with an Attorney.
If you have a complaint about a certified or uncertified LRS, you can file a complaint against the service with the State Bar. In order to promote public protection, the State Bar will review your complaint to determine if the LRS has violated Business and Professions Code Section 6155 and State Bar Rules.
For more information on certified lawyer referral services, contact LRS@calbar.ca.gov.
When are the annual fees due?
The due date is by March 30, or the next business day if that date falls on a weekend or holiday, each year during the annual license renewal process. The 2025 annual deadline is April 1, 2025. If you miss the deadline, you will be charged a penalty ($103 for active attorneys, $31 for inactive attorneys).
What activities qualify for general MCLE credit?
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.
What is IOLTA?
IOLTA stands for Interest on Lawyers’ Trust Accounts. Attorneys deposit client funds that they plan to hold briefly, or that are too small to earn interest for the client, into larger shared accounts. Over 73,000 attorneys make deposits in approximately 49,000 IOLTA accounts in California. As of September 2019, IOLTA accounts hold nearly $5 billion. Any interest earned on these accounts is paid by financial institutions to the State Bar, which in turn distributes those funds as grants to qualified nonprofit civil legal organizations throughout the state.
Refer to the State Bar’s IOLTA FAQ page for more information.
What do I do if I have a fee dispute with my attorney?
The State Bar has an informal, low-cost forum for resolving fee disputes through arbitration between lawyers and their clients. Read more about ways to resolve fee dispute with an attorney.
I didn’t receive an email notice of the annual fees. How do I submit payment?
Starting February 1, 2025, the 2025 annual fees will be available to calculate online through My State Bar Profile. If you forgot your password or need assistance accessing your online profile, please use the Help Guide or view our video tutorial for step-by-step instructions to reset your password and access your account.
How many members serve on the JNE Commission? How are they appointed?
Pursuant to Government Code section 12011.5(b), the commission consists of attorney and public (i.e., nonattorney) members. The commission is to consist of at least twenty-seven and no more than thirty-eight members. The ratio of nonattorney members to attorney members is determined, to the extent practical, by the ratio established in sections 6013.4 and 6013.5 of the Business and Professions Code.
It is the stated intent of the Legislature that the JNE membership "shall be broadly representative of the ethnic, gender, and racial diversity of the population of California and composed in accordance with sections 11140 and 11141 of the Government Code."
Practice areas of the members are representative of the various types of practice in California, and include the public sector as well as private practice, large and small firms and sole practitioners. The actual composition of the commission has tended to reflect the diversity of the legal profession in California.
Individuals interested in serving on the commission apply to the Board of Trustees, and are appointed by the Board following the guidelines set forth in Government Code section 12011.5(b), and upon recommendation of the Board Executive Committee.
Why become a Leadership Bank?
Increased visibility as a partner in access to justice: The State Bar will prominently highlight Leadership Banks on its website, including their names first on the list of financial institutions eligible to hold IOLTA accounts, and including hyperlinks to their institution’s website. The State Bar will draw attention the Leadership Bank program in its communications and publications seen by attorneys around the state, emphasizing how selecting a Leadership Bank for IOLTA funds will increase funding for civil legal aid to vulnerable low-income Californians.
Marketing edge: Financial institutions will have permission to advertise their Leadership Bank designation and branding as evidence of their support for their communities and for civil legal aid.
Ability to obtain Community Reinvestment Act credit: Being a Leadership Bank will help financial institutions fulfill their obligations under the Community Reinvestment Act (CRA) by generating funds that will go directly towards assisting those most in need. Civil legal aid helps prevent homelessness, protect families, and stop wage theft, among many other areas that align with CRA development goals. Becoming a Leadership Bank is an investment in the community that contributes to its overall economic strength and stability
Demonstrated social responsibility: Financial institutions care about their customers and their communities. This is another way to support veterans, seniors, and low-income Californians struggling with disability benefits, medical care, and their financial health. The California Justice Gap Study estimates that 33 percent of the problems that low-income Californians seek help for will not be resolved due to insufficient resources. In fact, in the past year only 27 percent of low-income Californians received some legal help for issues that matter the most to them; less significant issues received even less support. The Leadership Bank program is an immediate and critical means to start filling the gap by providing additional interest on IOLTA accounts that in turn will fund more services to these clients.
Source: State Bar of California, The California Justice Gap Study: Measuring the Unmet Civil Legal Needs of Californians (2019).
What is a certified lawyer referral service and how does it work?
Certified lawyer referral services (LRS) have been approved by the State Bar of California to refer potential clients to lawyers. They are operated by local bar associations, nonprofit legal service programs and for-profit organizations. The State Bar holds nonprofit and for-profit LRS providers to the same standards.
When you contact a certified LRS, staff or an automated referral system will ask you about your situation. The LRS will then try to match you with a qualified lawyer who handles the type of legal problem you have and arrange a consultation, which typically costs a small fee. After the initial consultation, it is up to you whether or not you want to hire the lawyer.
If your problem can be resolved without a lawyer, the LRS may be able to provide information about other organizations or agencies that may be able to help you. Search our LRS Provider Directory or call 866-44-CA-LAW (866-442-2529). If you are out of state, call 415-538-2250.
Every LRS certified by the State Bar has a certification number. Ask about or look for the LRS’s State Bar certification number, which must appear in all advertising. If an organization is claiming to be a certified LRS, but does not have a number, contact the State Bar right away at LRS@calbar.ca.gov.
Progressive Discipline
The commission explored discipline standards 1.8 and 1.6 adopted by the Board of Trustees to ensure consistency in disciplinary proceedings. The State Bar currently follows a policy of “progressive discipline,” which means each successive incident of discipline should generally be more severe than the last. The rationale for what is commonly referred to as progressive discipline is that a prior record of discipline is a significant aggravating factor in determining the appropriate level of discipline.
There was widespread interest among commission members in modifying standards 1.8 and 1.6 to enable greater judicial discretion to reduce the impact of racial disparities in discipline on future outcomes.
The commission recommended that the Board of Trustees:
Analyze and modify standards 1.6 and 1.8 to permit the greater exercise of judicial discretion regarding progressive discipline.
Where can I find information about avoiding fraud, finding help with immigration matters, and other subjects?
The State Bar offers information for consumers on subjects such as finding an attorney, avoiding fraud, how to avoid being a victim of nonattorney fraud, resolving a dispute with a lawyer, and what Lawyer Referral Services do.
Does the JNE Commission interview the candidates in person?
The assigned investigating commissioners personally interview the candidate; the commission as a whole does not.
Where can a member of the public find more information about services offered by the State Bar?
I am an approved SAP, so why am I not listed on the website?
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.
Does a PowerPoint presentation qualify as written materials?
PowerPoint presentations that include substantive written information relevant to the MCLE activity and discuss the content and/or legal authorities discussed during the MCLE activity may qualify as written materials. PowerPoint presentations consisting primarily of pictures and a few pages of large text do not qualify.
How long must an activity be in order to be considered for or qualify for MCLE credit?
The minimum length is 30 minutes.
Does participation in an activity as a moderator qualify for MCLE credit?
No, MCLE credit is only available to speakers, panelists, and regular attorney participants.
How do I determine eligibility if I reside outside of the U.S.?
Your total gross annual individual income from all sources must still convert to less than $60,478.35 in U.S. dollars.
What specific types of debt are covered under the Fresh Start Settlement Program?
The types of eligible debt included in the Fresh Start Settlement Program are debt accrued prior to January 1, 2025, as follows:
Disciplinary Costs awarded against you pursuant to Business and Professions Code Section 6086.10, subsection (a). These are costs ordered by the State Bar Court or Supreme Court of California.
Monetary Sanctions awarded against you pursuant to Business and Professions Code Section 6086.13, subsection (a). These are costs ordered by the State Bar Court or Supreme Court of California.
Client Security Fund (CSF) reimbursement, including interest and processing costs, owed by you pursuant to Business and Professions Code Section 6140.5, subsection (c).
Superior Court money judgments entered on any of the above debt.
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