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.
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.
How do I transfer to inactive status?
Submit the Application for Transfer to Inactive Status. To be eligible for the inactive fee the following year, you must submit the Transfer to Inactive Status form by December 1 and the effective date of the transfer must be on or before December 31. A Transfer to Inactive Status form submitted after December 1 or with an effective date after December 31 will not reduce the active fees owed. View detailed instructions and access the required form.
How long does it take to process the application?
Each file is handled individually. Processing time depends on whether we receive complete information. A Foreign Legal Consultant application cannot be approved until you have received a positive moral character determination. Generally, the moral character review process can take a minimum of six months to complete.
What are the requirements to register as a Foreign Legal Consultant?
An applicant must:
have been admitted to practice law and have been in good standing as an attorney, counselor at law, or equivalent in a foreign country for at least four of the six years immediately preceding the application, and have actually practiced the law of that country;
possess good moral character (an Application for Determination of Moral Character is required and will be processed by the Office of Admissions in the same manner as for California bar applicants); and
provide the Office of Admissions with a written statement agreeing to maintain required security for claims for errors, omissions, and dishonest conduct.
Licensee Regulation & Compliance
Maintains, on behalf of the California Supreme Court, the official roll of attorneys—the records of all attorneys licensed to practice in California. The office helps licensees comply with their administrative requirements, including the Client Trust Account Protection Program and continuing legal education. The office also manages the registration of law corporations and limited law partnerships.
What do lawyers need to do to participate in IOLTA?
By law, all lawyers who handle small amounts of money for their clients, or money that is held for a short period of time, must participate in the program.
They must open interest- or dividend-bearing trust accounts at Eligible Financial Institutions and deposit all small and short-term sums into these accounts. They also must report annually to the State Bar whether or not they held a client trust account (including IOLTA) at any time during the prior year.
Once the account is designated an IOLTA account, lawyers are not responsible for ensuring that the interest is accumulated and forwarded to the State Bar.
The financial institutions with which the funds are deposited are responsible for complying with the law, and the IOLTA Program is responsible for monitoring compliance.
I paid $25, but I can't take the test.
Go to Complete Unfinished Test and enter the Tester ID you received for the test. Then click Next. You will be taken to the MCLE article and 20 questions.
Are Special Masters needed in my county?
Special Masters are needed in all counties in California. The State Bar attempts to maintain a large list of qualified Special Masters to avoid overburdening individual Special Masters.
How do I register for a class?
You may access the course by logging in to My State Bar Profile and entering the E-learning Portal. In the “What do you want to learn?” search box, type “Ethics School” or “CTA School.” Click “Add to Cart” and complete the checkout process. The course is self-paced and available on demand 24/7. You may save your progress and return to the course at any time, prior to the expiration date. The course must be completed within 90 days of purchase.
Why are law students, State Bar applicants, and attorneys with substance use and mental health issues combined in the same group meetings?
LAP groups do not focus on the specific treatment of any diagnosis. A structured plan of support is beneficial in the recovery of a variety of problems.
Also, many LAP participants are recovering from both substance use and mental health issues. Feedback from LAP participants confirms that benefits are derived from the combined group meetings. The general public is not part of the LAP group meetings.
What factors are considered in fee arbitration?
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 an attorney if requested by a client.
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