
Bar Associations have a Fee Arbitration Committee. The State Bar’s Fee
Arbitration program is available should your local bar association not provide fee
arbitration. Attorneys are required to participate in fee arbitration initiated by their
clients, and fee arbitration is an informal, confidential and lower cost forum for
resolving fee disputes between lawyers and their clients.
· The State Bar cannot give you the name of a particular attorney to help you. If
you do not have an attorney and wish to hire one, contact a Lawyer Referral
Service in your area. The State Bar pamphlet “How Can I Find & Hire the Right
Lawyer” is available on the State Bar’s Web site, www.calbar.ca.gov (go to
Consumer Pamphlets).
· The law limits the authority of the State Bar. It cannot act as your lawyer. For
example, it cannot give you legal advice, or perform any other legal services for
you (such as pursuing damages or other legal action against the attorney(s)
involved in your complaint). You may have legal remedies available to you but
the State Bar cannot advise you what your rights are in a given situation or what
you should do. The State Bar is not a court that can provide civil remedies to you.
· If the State Bar files charges in the State Bar Court and obtains an order of
discipline, additional remedies such as restitution also may be ordered. In
addition, the State Bar has a Client Security Fund (CSF), which reimburses
specific monetary loss. Reimbursement covers the loss of money or property
resulting from lawyer dishonesty (but not simply because the lawyer acted
incompetently, committed malpractice or failed to take certain actions). To qualify
for CSF reimbursement, you must be able to show that the money or property
actually came into the lawyer's possession and that the loss was caused by the
lawyer's dishonest conduct. For example, the types of dishonest conduct that
may lead to reimbursement from CSF are theft or embezzlement, failure to
refund advanced attorney fees where the lawyer performed no services, the
borrowing of money from a client without intention to repay the money, obtaining
money or property from a client by representing that it would be used for
investment purposes when no investment is made, and an act of intentional
dishonesty or deceit that directly leads to the loss of money or property that
actually came into the lawyer’s possession. CSF cannot process applications for
reimbursement until final discipline has been ordered against the attorney by the
California Supreme Court.