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.
What is the criteria for financial assistance and how much does it cover?
Contact the LAP office for details about the income eligibility requirements and the application process. Financial assistance can cover up to one year of LAP group fees and one year of lab testing fees.
There is no set time for Support LAP. It is completely voluntary. Participants can enroll, withdraw, and re-enroll whenever they want to.
What happens if I don’t I get a bar number immediately?
After submitting your completed membership enrollment card, allow one to two weeks for delivery, then check Attorney Search to confirm your enrollment and find your bar number. If you do not see your name on the State Bar website after two weeks from the date you submitted the card, call 888-800-3400 or email AttorneyRegulation@calbar.ca.gov.
I work for a California company. However, I work remotely and live out of state. Can I participate in the MJP Program as Registered In-house Counsel?
No. Pursuant to rule 9.46 of the California Rules of Court and Title 3 Division 3 Chapter 1 Article 3 of the Rules of the State Bar, you must reside in California. As defined in rule 3.370(D), this means that you must live or be located in California on more than a temporary or transient basis.
Does provisional licensure automatically terminate upon issuance of an adverse moral character determination?
No. The license is suspended to give the PLL the opportunity to contest the determination. If no request for review or appeal is timely filed, the provisional license is terminated. If a request for review or appeal is timely filed, the provisional license will remain suspended until the final outcome, unless the provisional license is terminated as a result of other factors (such as failing to timely meet other program requirements).
How do I apply?
The State Bar plans to make applications available in the Applicant Portal beginning January 4, 2023.
Attorney applicants need to provide an original Certificate of Good Standing from each jurisdiction in which they are licensed.
Law school graduates (JD or LLM) need to provide official, sealed transcripts.
The application will be considered complete when, in addition to the CGS and transcript referenced above, the following are received:
Applicant declaration;
Supervising Attorney Declaration: The declaration must be submitted within the Applicant Portal; declarations sent via email and USPS are not automatically associated with the online application and may delay processing. Please ensure that you are submitting as instructed in the Applicant Portal; and
Payment.
How do I know if my employer is an IOLTA-funded organization?
What are some of the other requirements imposed by the rules?
A PLL must:
Expressly refer to themselves orally and in writing as a Provisionally Licensed Lawyer and/or participant in the State Bar’s Provisional Licensure Program and not describe themselves as a fully licensed lawyer or imply in any way orally or in writing that they are a fully licensed lawyer.
Follow the same professional conduct rules as all fully licensed lawyers.
Agree to be subject to the disciplinary authority of the Supreme Court of California and the State Bar with respect to the law governing the conduct of lawyers.
Attest that they will not practice California law other than under the supervision of an approved supervising lawyer during the time they are provisionally licensed.
Be employed by or volunteering at the firm (as defined) where the supervising lawyer works and that firm must have an office located in California.
Am I required to disclose a situation or issue that does not appear in the Moral Character Determination Guidelines?
Maybe. Please carefully review the instructions and questions to determine the disclosure requirements.
The guidelines contain a non-exhaustive list of examples of issues that may be relevant to a moral character determination. Applications are considered individually, and the guidelines neither bind nor limit the discretion of the decision-makers, but rather provide a framework to assist the decision-makers and provide applicants with information about the process. The severity of an act of misconduct, length of time since the act, and the frequency with which the act occurred are among the factors that will be taken into consideration in making a moral character determination.
Do I have to disclose an administrative matter, such as a Department of Motor Vehicles hearing involving a driver’s license suspension, or a hearing before the Employment Development Department?
Yes. You are required to disclose all administrative matters in which you were a party.
What do I do if I am required to disclose a criminal offense but am unable to obtain the required law enforcement or court records?
Please submit documentation of your unsuccessful attempts to obtain law enforcement or court records, such as a letter from the relevant entity explaining why the record is unavailable.
Do I need to submit a copy of a non-California driving record?
Maybe.
For the Determination Application, you must report all driver’s licenses issued to you within the last 10 years. For each jurisdiction, other than California, in which you have held a driver’s license within the last 5 years, you must provide a copy of your driving record that meets the following requirements: an original, certified copy; issued within 6 months of the date on which the current application is submitted; containing at least 5 years of your driving history, unless the jurisdiction is only able to provide a shorter history.
For the Extension Application, you must report all driver’s licenses held since your prior application. For each jurisdiction, other than California, in which you have held a driver’s license since your prior application, you must provide a copy of your driving record that meets the following requirements: an original, certified copy; issued within 6 months of the date on which the current application is submitted; and contains at least 3 years of your driving history, unless the jurisdiction is only able to provide a shorter history.
If a driving record is in a language other than English, you must provide a certified English translation with the driving record. You may not translate your own documents.
If the jurisdiction that issued the driver’s license will not provide a copy of a driving record, a letter from the agency stating that no record will be provided should be submitted in lieu of the driving record.
Who do I list as my supervisor in the employment section of the moral character application?
Provide the name of your direct supervisor. If you had more than one supervisor, provide the name of the individual most familiar with your conduct. If your supervisor is no longer at the company and you do not have their contact information, please list “Human Resources.”
If your supervisor is related to you by blood; is your spouse, partner, or significant other; or related to you through your spouse, partner, or significant other, please list a non-related colleague who is familiar with your work. If no such person is available, you may list your relative as your supervisor. Please note how the supervisor is related to you on your application.
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.
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