Can I have an extension to submit a request for administrative review?
No. The State Bar is unable to extend the period to request administrative review. The CBE will decide whether to accept an untimely request for administrative review.
What are the possible outcomes once I submit a request for administrative review?
The CBE will review your request and your application. The CBE may take any action it deems appropriate, including but not limited to granting you a positive determination, requesting more information, extending an offer of abeyance, or rendering an adverse determination.
If the CBE declines to grant you a positive determination, it will decide how long you must wait before you may submit a new Application for Determination of Moral Character, which could be the same or different from the time that was set by State Bar staff when it made the initial determination.
What happens if I am given an adverse moral character determination?
The notice of the adverse determination will provide you with the date on which you may submit a new Application for Determination of Moral Character. You are encouraged to engage in affirmative rehabilitative activities during the period you must wait to reapply.
Alternatively, you may choose to request administrative review by the Committee of Bar Examiners (CBE). If you request review by the CBE, the date on which you will be eligible to reapply may change, as it will be determined by the CBE in the event it issues an adverse determination.
My application is in drafted status, and I am experiencing technical issues. What is the best way to resolve the issue?
Please call 415-538-2450 and ask to speak with the Moral Character Person of the Day. Please be prepared to email a screenshot if the issue cannot be resolved over the phone. Some issues may take more time to resolve if technical assistance is necessary.
I travel a lot, including overseas, and I cannot recall every address where I lived. How do I appropriately respond to the “Residence” section of the moral character application?
Some applicants have traveled extensively in the past three years and have numerous addresses to report on the moral character application. You are encouraged to provide as much information pertaining to each residence as can be reasonably recalled. You are responsible for the complete and accurate reporting of information on the application to the best of your ability, and the failure to provide complete responses could result in a delay in the processing of the application.
How long must I have resided at a particular location for the residence to be reportable on the moral character application?
You must disclose all residences for the past three years, regardless of how long you resided at the location.
Do I have to disclose all past residences, no matter how long ago I resided at a location?
No. You are only required to disclose the addresses of the places you have lived within the past three years, including college and law school residences.
Some of my references told me they did not receive a questionnaire after I submitted my application; should I be worried?
No. Some references may not be contacted. You may wish to remind your references to check their email spam folders periodically and to use the Google Chrome internet browser, if possible, when submitting the questionnaires to avoid potential technical issues.
How do I properly report my enlistment and job in the military?
Report military enlistment in the “Current/Previous Employment section” and the “Military Services” section of the moral character application. List your last duty station, supervisor, date of enlistment, and date of discharge (or the date you left active duty if you are currently on inactive status). An applicant who is discharged from active duty must also provide a DD-214 military discharge document that clearly indicates the type of discharge.
What do I do if I do not know the supervisor’s email address?
Contact the employer and attempt to obtain the information. If you do not remember your supervisor’s name or your supervisor is no longer with the business, please enter "Human Resources" into the Full Name of Supervisor field and enter the appropriate information into the Email Address of Supervisor and Phone Number of Supervisor fields.
If the company is no longer in business (defunct), contact information will not be required once you indicate that the company is no longer in business.
Do NOT use your own email address or phone number.
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.
Do I have to provide my social security number on the California DOJ Live Scan form?
Providing a social security number is not legally required; however, DOJ procedures recommend providing the social security number on the Live Scan form. Further, many Live Scan vendors will refuse to submit your information without a social security number.
If you are uncomfortable with a Live Scan vendor retaining your social security number, we recommend redacting the number from the Live Scan form after the Live Scan vendor enters your information into the Live Scan software for transmission to the DOJ. The Live Scan vendor will then retain the redacted Live Scan form for their records. If a social security number is not provided, processing can be delayed.
I don’t live in California. Will I have to travel back to California to be fingerprinted?
No. Attorneys who live out-of-state can request hard copy fingerprint cards from the State Bar to be mailed to their preferred location. The cards can be completed at any fingerprint processing location within the jurisdiction in which they are located. For more information go to Fingerprinting Rule Requirements.
What information will the State Bar receive back from the DOJ and/or FBI?
The State Bar will receive criminal record information from both the DOJ and the Federal Bureau of Investigation (FBI). This information specifically includes a summary of arrests, pretrial proceedings, the nature and disposition of criminal charges, sentencing, incarceration, court-ordered rehabilitation conditions, and release. The DOJ will send the State Bar notification of subsequent California arrests and the disposition of those arrests. At this time, the FBI will not send notification of out-of-state arrests to the State Bar.
How do I calculate and log credit for the articles I wrote?
When logging credit for published articles, it is not necessary to put in a provider number on the summary log. The provider will be the name of the publication and the course will be the article title. This is self-study credit. When you submit your proof of compliance, articles should be noted on your self-study log along with the date of publication (or submission if publication is pending). Again please note the name of the publication and the title of the article.
In order to be eligible for MCLE the article must meet the following conditions:
have contributed to the attorney’s legal education
have been published or accepted for publication
have not been prepared in the ordinary course of employment or in connection with an oral presentation at an approved educational activity
Do I have to pay fees immediately when I am sworn in?
No. But all bar members, both inactive and active, must pay annual fees.
Your official date of admission is considered the day you take your oath. Your membership fees will be calculated based on that date, and you should be able to access a fee statement within 30 days. Your fees will be due 45 days from the day you get your invoice. More information concerning fees is available through the State Bar website. If you have additional questions about fees after reading the material on the website, contact Member Records at 888-800-3400.
If I take a CLE course outside California, can I count it toward my MCLE requirement?
If an attorney takes a CLE course while physically outside California, it can be counted toward California MCLE requirements. However, the education activity must be approved by an Approved Jurisdiction.
Is it permissible if one of the LLP's partners is also a shareholder in a law corporation and/or already a partner in another LLP?
That is fine, as long as the law practice relationship between the entities is acknowledged on the application.
I’ve submitted my audit materials. How will I know when the audit has been received and completed?
Once your audit is complete, you will receive a letter confirming your successful completion of the administrative portion of the audit.
I don’t have a certificate but I do have a copy of the sign in sheet from the provider. Will you accept that as proof of completion?
We will only accept a sign-in sheet if it includes the name of the course, course provider, date of activity and the number of MCLE hours afforded to attendees.
Why do I have to fulfill MCLE requirements if I am a new member?
Every member of the bar must report continuing education credits even if he or she is new to the bar. The amount of MCLE you must complete is based on the date of your admission and begins accruing on the first day of the month in which you are sworn in as an active member of the bar.
If you have questions about MCLE requirements, read the MCLE FAQ or contact the Member Services Center at 888-800-3400.
Will I get a confirmation or receipt from the State Bar when my application has been processed?
No, not at this time unless specifically requested. The State Bar is in the process of acknowledging receipts of OSAAC Certificates. Also keep in mind that many arbitrators and/or arbitral panels accept the listing of the State Bar's name, address, and declaration of payment on a proof of service as sufficient proof that the State Bar has been served.
Do education activities I take before I'm admitted count for MCLE credit?
You may claim credit only for education activities taken on or after the first day of the month in which you are admitted (sworn in) to The State Bar of California.
What do attorneys do as Special Masters?
A Special Master accompanies a peace officer serving a warrant. The Special Master informs the party being served of the specific items being sought and gives that person an opportunity to voluntarily provide the items requested. If the items are not voluntarily produced, the Special Master conducts a search in the areas indicated in the search warrant. All items, whether produced voluntarily or seized, are then sealed until a court hearing is held to determine if the items are privileged. Special Masters receive a handbook describing the program in greater detail.
What are the qualifications for being a Special Master?
Special Masters must be active members of the State Bar in good standing for at least five years. To avoid potential conflicts of interest, attorneys who devote a substantial amount of their practice to criminal law are not eligible to serve as Special Masters.
If the services to be provided are in fact loan modification services or other forbearance services, or are an integral part of such services, but the services are not expressly designated as “loan modification” services in the fee agreement, then does SB 94 apply?
Yes. SB 94 would apply even if the services are labeled as something other than loan modification services.
Who can answer my questions?
Questions should be directed to the administrator of the fee arbitration program you are using to arbitrate your dispute. Check the rules and/or forms given to you by the program for the administrator's address and telephone number or look under the Approved Programs. Unless the matter is urgent, the arbitrator assigned to hear your dispute should not be called.
What is the role of the arbitrator?
The arbitrator is a neutral decision maker, who considers the evidence presented by all parties and makes a decision on the lawyer's fees. The arbitrator cannot represent either the lawyer or the client in the dispute. Nor does the arbitrator typically independently investigate or gather evidence to support either side's position. The arbitrator must make the decision based on the evidence given by the parties.
What happens at the hearing?
The arbitrator has the authority to decide how the arbitration hearing should proceed. You may be asked to present your case first. You will be allowed to discuss the fee agreement and the reasons why you dispute the lawyer's fees. You may also introduce relevant documents, such as written fee agreements and copies of the lawyer's bills. Your presentation should be simple, factual, and directly related to the issue of lawyer's fees. Usually, this is also the time when you would present any witnesses to help prove your case.
After you have fully presented your case, the lawyer will have a chance to ask you questions.
The lawyer may also make their presentation and present any witnesses. You will have an opportunity to ask relevant questions after the lawyer has fully presented their case. To avoid interrupting the lawyer's presentation, you may want to take notes so that you can remember any points with which you disagree.
What is rule 8.3?
Rule 8.3 requires lawyers to report certain misconduct by other lawyers to the State Bar or a tribunal with jurisdiction to investigate or act upon such misconduct.
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