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.
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.
What is the Mandatory Fee Arbitration Program?
The State Bar's Mandatory Fee Arbitration Program is an informal, confidential, and low-cost forum for resolving fee disputes between attorneys and their clients. Clients have the right to have a neutral party—an “arbitrator"—hear fee disputes with their attorneys. The arbitrator determines whether the fees and costs charged by the attorney are reasonable for the services provided.
This kind of arbitration is mandatory for a lawyer if requested by a client.
What are the different levels of discipline that the State Bar Court imposes on attorneys?
The Probation Unit of the Office of Chief Trial Counsel monitors attorneys' compliance with the conditions imposed on suspensions and reprovals.
The State Bar Court also may put attorneys on involuntary inactive status if they appear to pose a serious threat to the public.
If a State Bar investigation indicates that an attorney's conduct only bordered on a violation or was a minor breach, State Bar prosecutors may choose an alternative to discipline.
The State Bar's Office of Chief Trial Counsel could decide to send a Directional or Warning Letter to the attorney - and close the case. Or they could issue an Admonition informing the attorney that no further action will take place as long as they stay out of trouble for two years. Or they could settle on an Agreement in Lieu of Discipline that requires the attorney to fulfill specially tailored remedial conditions.
Who qualifies as a litigating attorney under rule 9.47?
An attorney licensed to practice law in one or more U.S. jurisdictions other than California who is providing litigation services in California as part of legal proceedings pending or anticipated either in California or another jurisdiction. See General Information FAQs for additional information.
If I practice as in-house counsel in California at or after the effective date of November 15, 2004, will my application for registration be denied?
No, that fact alone is not a ground for denial.
If I am eligible to practice in California under rule 9.47, am I allowed to appear in court in California?
No. Rule 9.47 applies only to litigation services in connection with litigation pending or anticipated either in California or another jurisdiction. If your anticipated authorization to appear in a formal legal proceeding serves as the basis for practice under rule 9.47, you must seek that authorization promptly once it becomes possible to do so. Failure to seek authorization promptly, or denial of that authorization, ends your eligibility to practice under rule 9.47.
Do I have to comply with California's MCLE requirement?
Yes. Within the first 12 months after approval of your application for registration as a legal services attorney, you must complete the same 25 hours of MCLE activities that members of the California bar must complete in a 36-month period. The 25-hour requirement includes four hours of legal ethics, one hour of prevention, detection and treatment of substance abuse, and one hour of elimination of bias in the legal profession.
Do I have to take the California bar exam?
No. You must meet all of the requirements for admission to the California bar except that you do not need to take the bar exam or the Multistate Professional Responsibility Exam.
May a non-California attorney register as both a legal services attorney and in-house counsel?
Yes, if the attorney meets the eligibility requirements for each category.
What constitutes a transaction or other non-litigation matter?
A transaction or other non-litigation matter refers to any legal matter other than litigation, arbitration, mediation, or a legal action before an administrative decision-maker.
Will I receive a receipt following my renewal?
To request a receipt of your MJP renewal fees, please call Member Records and Billing at 888-800-3400. Press "0" and a representative will assist you.
Admitted with four months or less left in the compliance period?
The proportional requirement rules specify that if a licensee is subject to the MCLE requirement for four months or less, s/he does not need to comply with the MCLE education requirement for that compliance period.
Thus, if an attorney was admitted in December and his or her Compliance Group's deadline is less than 2 months away, it is unnecessary to comply with the MCLE requirement for that compliance period. The next compliance period for this group begins on February 1, and an attorney can count only activities earned on or after February 1 toward the requirement for that next compliance period. (There is no carryforward of credit hours from one compliance period to the next. [Rule 2.72(D)])
I reside overseas and the fingerprint vendor refused to sign the card, what do I do?
If you are at an overseas fingerprint vendor and the technician fails to sign the fingerprinting cards, please contact FingerPrinting Card Request for further assistance.
The Live Scan form has the State Bar of California listed as my employer. Is this an error?
No, this is not an error. The DOJ Live Scan process requires the employer section of the form to indicate “The State Bar of California.” As part of DOJ and FBI procedures for sharing any criminal offender record information, the entity receiving this information must be listed under the employer section of the Live Scan form. The Live Scan vendor must enter specific information provided on the Live Scan form into the Live Scan software to ensure any information regarding the person’s criminal offender record information goes to the correct agency.
Please do not modify the prepopulated Employer section of the form. Changes to this section could result in failure to successfully submit your fingerprints to the DOJ.
How much does fingerprinting cost?
It costs $32 for the DOJ to run a criminal record check and $17 for the FBI to do so, for a total cost of $49. Vendor processing costs differ by vendor, but range from $5 to $75, with an average cost of $33. A list of California Live Scan locations and costs can be found online (DOJ website).
I am a judicial officer. Do I need to satisfy the fingerprinting rule requirements?
It depends on your State Bar license status. All licensees on active status, regardless of job title, are required to comply with the fingerprinting rule requirements. Those on inactive status are not. Judges of courts of record whose status is Judge in State Bar records are not required to be fingerprinted unless and until they return to active status.
I am not required to report arrests, so why is the State Bar able to receive arrest information?
The criminal record information provided by the DOJ and FBI includes arrest and conviction records. The DOJ does not have a policy to limit criminal record information to only include convictions.
Once I complete the administrative portion of the audit, will I be contacted again?
Please submit your information both online and by email, fax or mail. We will review the submission and let you know if you need to correct any deficiencies or provide further documentation. Once the administrative portion of the audit has been completed, you will be notified by mail. Attorneys who attested to compliance but failed to provide sufficient proof may be referred to the Office of Chief Trial Counsel for further investigation and/or disciplinary prosecution.
Are State Bar investigations into attorney misconduct public or confidential?
State Bar investigations and inquiries are, by statute, confidential. The complaint becomes public when disciplinary charges are filed against an attorney in State Bar Court. By law, however, any other pending investigations involving the same lawyer must remain confidential at that point. If it is determined that public protection is seriously at stake in a particular case, the Chief Trial Counsel does have the authority to publicly reveal a pending investigation.
If criminal conduct is suspected, the State Bar may also refer the matter to a law enforcement agency for investigation and potential prosecution.
I am on voluntary Inactive status and wish to return to Active status. What is my MCLE requirement?
There is no specific MCLE requirement for reactivation. An attorney will receive a 60-day notice to comply soon after reactivation. However, for attorneys who have been Inactive for two (2) or more years, previously accrued hours may have all been tolled off.