Out of State Attorney Arbitration Counsel FAQ

1. What is an out-of-state attorney arbitration counsel (OSAAC)?

An out-of-state attorney arbitration counsel is an attorney who is not a member of the State Bar of California but who is a member in good standing of and eligible to practice before any Bar of the United States and who has been retained to appear in the course of, or in connection with, an arbitration proceeding in this state.

2. What are the requirements of OSAAC?

Section 1282.4 of the California Code of Civil Procedure details the prerequisites of an OSAAC appearance. Generally, an out-of state attorney may apply to become an OSAAC if he/she is not a resident of the State of California and is a member in good standing in the jurisdiction to which he/she has been admitted. The out-of-state attorney must provide the name and address of the California attorney of record and to disclose the title of the court in which the out-of-state attorney has applied to appear pro hac vice and OSAAC within the preceding two years. The out-of-state must file a Certificate with the arbitral panel and serve a copy on the State Bar of California. The State Bar is considered the custodian of records for OSAAC applications and does not approve or disapprove the OSAAC certificates. Approval of the certificate is determined by the arbitrator or arbitral panel to which the application is being made.

3. Where do I mail the State Bar's copy of my application?

     State Bar of California
     Office of Special Admissions and Specialization
     180 Howard Street
     San Francisco, CA 94105

4. How much is the filing fee with the State Bar?

The filing fee is $50, per attorney, per proceeding.

5. Can I fax my Certificate to the State Bar?

No. The certificate should be mailed since it must include the $50 processing fee.

6. Does the State Bar have a standard certificate form for OSAAC?

Yes, see Forms.

7. What is included in an OSAAC certificate?

A detailed list of what the certificate will need to include can be found in California Rule of Court 9.43 and CCP Section 1282.4. The application will need to include:

  • the proceeding name and number.
     
  • a declaration by the out-of-state attorney containing his/her name, home and business addresses; where he/she is licensed to practice; and whether the attorney is a member in good standing in his/her home state.
     
  • the name, phone number, address and bar number of the California attorney of record.

It is advisable to speak with the office of the arbitrator for information regarding its requirements and documentation

8. 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.

9. I am in the process of moving to California or have just moved to California. Can I still apply as an out-of-state attorney through rule 9.43?

No. If you reside in California you will not be eligible for OSAAC.

10. How many times may I apply as an OSAAC?

There is no hard and fast rule to determine this. It is usually up to the discretion of the arbitrator and/or arbitral panel who may ask the applying attorney to inform him/her how many times the applying attorney has appeared as an OSAAC. The spirit of the rule that the arbitral panel will follow mandates that out-of-state attorneys not abuse OSAAC as a substitute for practicing in California.