BILL NUMBER: AB 913 CHAPTERED 10/14/01 CHAPTER 880 FILED WITH SECRETARY OF STATE OCTOBER 14, 2001 APPROVED BY GOVERNOR OCTOBER 13, 2001 PASSED THE ASSEMBLY SEPTEMBER 6, 2001 PASSED THE SENATE SEPTEMBER 4, 2001 AMENDED IN SENATE AUGUST 27, 2001 AMENDED IN SENATE JULY 20, 2001 AMENDED IN ASSEMBLY MAY 31, 2001 AMENDED IN ASSEMBLY MAY 3, 2001 INTRODUCED BY Assembly Member Steinberg FEBRUARY 23, 2001 An act to add Article 4.7 (commencing with Section 6072) to Chapter 4 of Division 3 of the Business and Professions Code, relating to attorneys. LEGISLATIVE COUNSEL'S DIGEST AB 913, Steinberg. Attorneys: pro bono services. Existing law provides for a program regulated by the State Bar that provides civil legal services to indigent persons. This bill would require a contract with the state for legal services that exceeds $50,000 to certify that the contracting law firm agrees to make a good faith effort to provide a specified minimum number of hours of pro bono legal services, as defined, during each year of the contract. Pursuant to the bill, failure to make a good faith effort, as determined by considering specified factors, could constitute cause for nonrenewal of a contract and be taken into account in the awarding of future contracts. The bill would provide that these requirements do not apply to specified contracts. These provisions would become operative on January 1, 2003. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature hereby finds and declares all of the following: (a) The provision of pro bono legal services is the professional responsibility of California attorneys as an integral part of the privilege of practicing law in this state. (b) Each year, thousands of Californians, particularly those of limited means, must rely on pro bono legal services in order to exercise their fundamental right of access to justice in California. Without access to pro bono services, many Californians would be precluded from pursuing important legal rights and protections. (c) In recent years, many law firms in California have been fortunate to experience a robust increase in average attorney income. However, during the same time period, there has regrettably been a decline in the average number of pro bono services being rendered by attorneys in this state. (d) Without legislative action to bolster pro bono activities, there is a serious risk that the provision of critical pro bono legal services will continue to substantially decrease. SEC. 2. It is the intent of the Legislature to do the following: (a) To reaffirm the importance and integral public function of California attorneys and law firms striving to provide reasonable levels of pro bono legal services to Californians who need those services. (b) To strengthen the state's resolve to ensure that all Californians, especially those of limited means, have an effective means to exercise their fundamental right of access to the courts. SEC. 3. Article 4.7 (commencing with Section 6072) is added to Chapter 4 of Division 3 of the Business and Professions Code, to read: Article 4.7. Contracts For Legal Services 6072. (a) A contract with the state for legal services that exceeds fifty thousand dollars ($50,000) shall include a certification by the contracting law firm that the firm agrees to make a good faith effort to provide, during the duration of the contract, a minimum number of hours of pro bono legal services during each year of the contract equal to the lesser of 30 multiplied by the number of full-time attorneys in the firm's offices in the state, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10 percent of its contract with the state. (b) Failure to make a good faith effort may be cause for nonrenewal of a state contract for legal services and may be taken into account when determining the award of future contracts with the state for legal services. If a firm fails to provide the hours of pro bono legal services set forth in its certification, the following factors shall be considered in determining whether the firm made a good faith effort: (1) The actual number of hours of pro bono legal services provided by the firm during the term of the contract. (2) The firm's efforts to obtain pro bono legal work from legal services programs, pro bono programs, and other relevant communities or groups. (3) The firm's history of providing pro bono legal services, or other activities of the firm that evidence a good faith effort to provide pro bono legal services such as the adoption of a pro bono policy or the creation of a pro bono committee. (4) The types of pro bono legal services provided, including the quantity and complexity of cases as well as the nature of the relief sought. (5) The extent to which the failure to provide the hours of pro bono legal services set forth in the certification is the result of extenuating circumstances unforseen at the time of the certification. (c) In awarding a contract with the state for legal services that exceeds fifty thousand dollars ($50,000), the awarding department shall consider the efforts of a potential contracting law firm to provide, during the 12-month period prior to award of the contract, the minimum number of hours of pro bono legal services described in subdivision (a). Other things being equal, the awarding department shall award a contract for legal services to firms that have provided, during the 12-month period prior to award of the contract, the minimum number of hours of pro bono legal services described in subdivision (a). (d) As used in this section, "pro bono legal services" means the provision of legal services either: (1) Without fee or expectation of fee to either: (A) Persons who are indigent or of limited means. (B) Charitable, religious, civic, community, governmental, and educational organizations in matters designed primarily to address the economic, health, and social needs of persons who are indigent or of limited means. (2) At no fee or substantially reduced fee to groups or organizations seeking to secure or protect civil rights, civil liberties, or public rights. (e) Nothing in this section shall subject a contracting law firm that fails to provide the minimum number of hours of pro bono legal services described in subdivision (a) to civil or criminal liability, nor shall that failure be grounds for invalidating an existing contract for legal services. (f) This article shall not apply to state contracts with, or appointments made by the judiciary of, an attorney, law firm, or organization for the purposes of providing legal representation to low- or middle-income persons, in either civil, criminal, or administrative matters. (g) This article shall not apply to contracts entered into between the state and an attorney or law firm if the legal services contracted for are to be performed outside the State of California. (h) The provisions of this article shall become operative on January 1, 2003.