Legal Question in Real Estate Law in California

Since the person probably is no longer permitted to practice law in California, I would say "no." For some guidance, you might look at Rule 1-311 of the California Rules of Court.

Although the person would not be representing clients, he/she would be applying the law to facts and rendering an award, a legal document. The preparation of legal instruments and contracts by which legal rights may be secured, whether or not a case is pending in court, constitutes the practice of law. In the 1931 case entitled Howe v. State Bar, the California Supreme Court held that those who settle or negotiate claims on behalf of others are not entitled to practice law.

I'd be curious how this shakes out. Please let me know.

I don't think the role of arbitrator is limited to attorneys, and therefore, the performance of the duties of an arbitrator is not the practice of law. See, e.g., Robinson v. Superior Court (1950) 35 Cal.2d 379 at 387, where the Supreme Court, in holding that an arbitral decision of the Labor Commissioner could be entered as a judgment, said that anyone can be an arbitrator.

Further, a Rutter guide, in comparing judicial arbitration with private contractual arbtration flatly states that a private arbitrator need not be an attorney, but the citations given refer to other distinctions between the two forms of arbitration and do not shed light on the statement that the arb need not be a lawyer.

I would also call your attention to "Ethics Standards for Neutral Arbitrators in Contractual Arbitration" which is an appendix to the Rules of Court.