§ 1282.4.Representation By Attorney

Title 9. Arbitration · Chapter 3. Conduct of Arbitration Proceedings · Last amended 2015 · Last verified July 29, 2026

In one sentenceSection 1282.4 guarantees a party's right to be represented by an attorney in arbitration, lets a waiver of that right be revoked, and creates a certificate procedure letting an out-of-state attorney appear in a California arbitration without local bar admission, subject to exceptions for collective-bargaining and workers' compensation matters.

Full Text of § 1282.4

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j)

(a) A party to the arbitration has the right to be represented by an attorney at any proceeding or hearing in arbitration under this title. A waiver of this right may be revoked; but if a party revokes that waiver, the other party is entitled to a reasonable continuance for the purpose of procuring an attorney.

(b) Notwithstanding any other law, including Section 6125 of the Business and Professions Code, an attorney admitted to the bar of any other state may represent the parties in the course of, or in connection with, an arbitration proceeding in this state, provided that the attorney, if not admitted to the State Bar of California, satisfies all of the following:

(1) He or she timely serves the certificate described in subdivision (c).

(2) The attorney's appearance is approved in writing on that certificate by the arbitrator, the arbitrators, or the arbitral forum.

(3) The certificate bearing approval of the attorney's appearance is filed with the State Bar of California and served on the parties as described in this section.

(c) Within a reasonable period of time after the attorney described in subdivision (b) indicates an intention to appear in the arbitration, the attorney shall serve a certificate in a form prescribed by the State Bar of California on the arbitrator, arbitrators, or arbitral forum, the State Bar of California, and all other parties and counsel in the arbitration whose addresses are known to the attorney. The certificate shall state all of the following:

(1) The case name and number, and the name of the arbitrator, arbitrators, or arbitral forum assigned to the proceeding in which the attorney seeks to appear.

(2) The attorney's residence and office address.

(3) The courts before which the attorney has been admitted to practice and the dates of admission.

(4) That the attorney is currently a member in good standing of, and eligible to practice law before, the bar of those courts.

(5) That the attorney is not currently on suspension or disbarred from the practice of law before the bar of any court.

(6) That the attorney is not a resident of the State of California.

(7) That the attorney is not regularly employed in the State of California.

(8) That the attorney is not regularly engaged in substantial business, professional, or other activities in the State of California.

(9) That the attorney agrees to be subject to the jurisdiction of the courts of this state with respect to the law of this state governing the conduct of attorneys to the same extent as a member of the State Bar of California.

(10) The title of the court and the cause in which the attorney has filed an application to appear as counsel pro hac vice in this state or filed a certificate pursuant to this section in the preceding two years, the date of each application or certificate, and whether or not it was granted. If the attorney has made repeated appearances, the certificate shall reflect the special circumstances that warrant the approval of the attorney's appearance in the arbitration.

(11) The name, address, and telephone number of the active member of the State Bar of California who is the attorney of record.

(d) The arbitrator, arbitrators, or arbitral forum may approve the attorney's appearance if the attorney has complied with subdivision (c). Failure to timely file and serve the certificate described in subdivision (c) shall be grounds for disapproval of the appearance and disqualification from serving as an attorney in the arbitration in which the certificate was filed. In the absence of special circumstances, repeated appearances shall be grounds for disapproval of the appearance and disqualification from serving as an attorney in the arbitration in which the certificate was filed.

(e) Within a reasonable period of time after the arbitrator, arbitrators, or arbitral forum approves the certificate, the attorney shall file the certificate with the State Bar of California and serve the certificate as described in Section 1013a on all parties and counsel in the arbitration whose addresses are known to the attorney.

(f) An attorney who fails to file or serve the certificate required by this section or files or serves a certificate containing false information or who otherwise fails to comply with the standards of professional conduct required of members of the State Bar of California shall be subject to the disciplinary jurisdiction of the State Bar with respect to that certificate or any of his or her acts occurring in the course of the arbitration.

(g) Notwithstanding any other law, including Section 6125 of the Business and Professions Code, an attorney who is a member in good standing of the bar of any state may represent the parties in connection with rendering legal services in this state in the course of and in connection with an arbitration pending in another state.

(h) Notwithstanding any other law, including Section 6125 of the Business and Professions Code, any party to an arbitration arising under collective bargaining agreements in industries and provisions subject to either state or federal law may be represented in the course of, and in connection with, those proceedings by any person, regardless of whether that person is licensed to practice law in this state.

(i) Nothing in this section shall apply to Division 4 (commencing with Section 3200) of the Labor Code.

(j)

(1) In enacting the amendments to this section made by Assembly Bill 2086 of the 1997-98 Regular Session, it is the intent of the Legislature to respond to the holding in Birbrower v. Superior Court (1998) 17 Cal.4th 119, to provide a procedure for nonresident attorneys who are not licensed in this state to appear in California arbitration proceedings.

(2) In enacting subdivision (h), it is the intent of the Legislature to make clear that any party to an arbitration arising under a collective bargaining agreement governed by the laws of this state may be represented in the course of and in connection with those proceedings by any person regardless of whether that person is licensed to practice law in this state.

(3) Except as otherwise specifically provided in this section, in enacting the amendments to this section made by Assembly Bill 2086 of the 1997-98 Regular Session, it is the Legislature's intent that nothing in this section is intended to expand or restrict the ability of a party prior to the decision in Birbrower to elect to be represented by any person in a nonjudicial arbitration proceeding, to the extent those rights or abilities existed prior to that decision. To the extent that Birbrower is interpreted to expand or restrict that right or ability pursuant to the laws of this state, it is hereby abrogated except as specifically provided in this section.

(4) In enacting subdivision (i), it is the intent of the Legislature to make clear that nothing in this section shall affect those provisions of law governing the right of injured workers to elect to be represented by any person, regardless of whether that person is licensed to practice law in this state, as set forth in Division 4 (commencing with Section 3200) of the Labor Code.

End

Plain-English Summary

The core right is simple: a party to an arbitration under this title can be represented by an attorney at any proceeding or hearing. If a party waives that right, the waiver can be revoked later -- but if it is revoked, the other side gets a reasonable continuance to go find an attorney of its own.

The bulk of the section deals with attorneys who are not members of the State Bar of California. Such an attorney can represent a party in a California arbitration by filing a certificate -- naming the case and arbitrator, the attorney's residence and office, the courts where the attorney is admitted and in good standing, confirmation the attorney is neither a California resident nor regularly doing business here, consent to California's disciplinary jurisdiction over the attorney's conduct, a listing of similar appearances made in the preceding two years, and the name of local counsel of record. The arbitrator or arbitral forum reviews and approves that certificate, which then gets filed with the State Bar and served on the parties. Failing to file or serve the certificate is grounds for disqualification, and so, absent special circumstances, is a pattern of repeated appearances -- the certificate procedure is meant for occasional appearances, not a way around bar admission altogether. An attorney who files a false certificate, or who otherwise falls short of the professional-conduct standards expected of California-licensed attorneys, answers to the State Bar's disciplinary authority for it.

Two further carve-outs round out the section. An out-of-state attorney can also render services connected to an arbitration pending in another state without running into California's unauthorized-practice rules. And for arbitrations arising under collective-bargaining agreements, any person -- licensed or not -- can represent a party, reflecting how those disputes are traditionally handled. The section explicitly does not touch the workers' compensation system in Division 4 of the Labor Code, and the Legislature's own statement of intent ties the certificate procedure back to a California Supreme Court decision that had tightened the rules on unlicensed practice, making clear the certificate process is meant to give out-of-state counsel a defined path forward rather than to expand or contract any other representation rights that existed before that decision.

Frequently Asked Questions

Can a party bring in an out-of-state lawyer for a California arbitration?

Yes, through a certificate process that the arbitrator or arbitral forum must approve and that the attorney must file with the State Bar.

Is the right to an attorney in arbitration absolute once waived?

No -- a party can revoke a prior waiver, though the other side then gets a reasonable continuance to retain counsel.

Does this certificate procedure apply to workers' compensation arbitration?

No, the section expressly does not apply to Division 4 of the Labor Code.

What happens if an out-of-state attorney's certificate contains false information?

The attorney becomes subject to the State Bar's disciplinary jurisdiction for that certificate and for conduct in the arbitration.

Can the same out-of-state attorney keep appearing in California arbitrations indefinitely?

Not easily -- absent special circumstances, a pattern of repeated appearances is itself grounds for disapproval and disqualification.

Amendment History

Amended by Stats 2014 ch 71 (SB 1304),s 20, eff. 1/1/2015. Amended by Stats 2013 ch 76 (AB 383),s 24, eff. 1/1/2014. Amended by Stats 2012 ch 53 (AB 1631),s 1, eff. 1/1/2013. Amended by Stats 2010 ch 277 (SB 877),s 1, eff. 1/1/2011. Amended by Stats 2006 ch 357 (AB 2482),s 1, eff. 1/1/2007. Amended by Stats 2005 ch 607 (AB 415),s 1, eff. 10/6/2005. Amended by Stats 2000 ch 1011 (SB 2153), s 2, eff. 1/1/2001.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 29, 2026. · Official source

Also known as: pro hac vice arbitration californiaout of state attorney arbitration californiaright to counsel arbitration california