Amended in Assembly May 2, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 296


Introduced by Assembly Member Wagner

February 11, 2013


An act to amend Section 6062 of the Business and Professions Code, relating to attorneys.

LEGISLATIVE COUNSEL’S DIGEST

AB 296, as amended, Wagner. Attorneys.

Existingbegin delete law, the State Bar Act, regulates attorneys and the practice of law in the state.end deletebegin insert law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation.end insert Existing law requires, among other requirements, that an individual who has been admitted to practice law in a sister state, United States jurisdiction, possession, territory, or dependency the United States may acquire, pass the general bar examination, or Attorneys’ Examination, as specified, to be certified to the Supreme Court for admission, and a license to practice law. Existing law requires an individual who has been admitted to practice law in a jurisdiction other than a sister state, United States jurisdiction, possession, or territory, to have passed the general bar examination, as specified, among other requirements.

This bill would authorizebegin delete an individualend deletebegin insert a personend insert who has been an active member in good standing of the bar of a sister state or United States jurisdiction, possession, or territory and who is married to, or in a domestic partnership or other legal union with, an active duty member of the Armed Forces of the United States who is assigned to a duty station in the state, as specified, to apply to receive a provisional license to practice law in thebegin delete state without first taking the State Bar examination. Thisend deletebegin insert state. Theend insert bill would provide that the provisional license confers all the same rights, benefits, duties, and responsibilities to practice law as a regularbegin delete license so long as the active member of the Armed Forces is assigned to a duty station in the state or until the provisional licenseholder passes the Attorneys’ Examination. This bill would require an applicant to meet various filing requirements in order to be eligible for the grant of that provisional license.end deletebegin insert license, except as provided. The bill would require an applicant for a provisional license to meet certain requirements, including, among other things, being at least 18 years of age and of good moral character and would require the State Bar to expedite all moral character investigations or proceedings for provisional license applicants. The bill would require a provisional licenseholder, as a condition of provisional licensure, to (1) take the first general bar examination or Attorneys’ Examination administered at least 90 calendar days after his or her moral character determination application is submitted to the State Bar, as specified, (2) associate with an active member of the State Bar, and (3) disclose his or her provisional licensure in any contract for legal services. The bill would provide that failure to comply these conditions shall be grounds to revoke the provisional license. The bill would provide for the expiration of a provisional license under certain conditions, but would, notwithstanding these conditions, only authorize a provisional license to be valid while the active duty member of the Armed Forces is assigned a duty station in California under official active duty military orders.end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 6062 of the Business and Professions
2Code
is amended to read:

3

6062.  

(a) To be certified to the Supreme Court for admission,
4and a license to practice law, a person who has been admitted to
5practice law in a sister state, United States jurisdiction, possession,
6territory, or dependency the United States may hereafter acquire,
7shall:

8(1) begin deleteBe of the age of at least 18 years. end deletebegin insertBe at least 18 years of
9age.end insert

10(2) Be of good moral character.

P3    1(3) Have passed the general bar examination given by the
2examining committee. However, if that person has been an active
3member in good standing of the bar of the admitting sister state
4or United States jurisdiction, possession, or territory for at least
5four years immediately preceding the first day of the examination
6applied for, he or she may elect to take the Attorneys’ Examination
7rather than the general bar examination. Attorneys admitted less
8than four years and attorneys admitted four years or more in another
9jurisdiction but who have not been active members in good
10standing of their admitting jurisdiction for at least four years
11immediately preceding the first day of the examination applied for
12must take the general bar examination administered to general
13applicants not admitted as attorneys in other jurisdictions.

14(4) Have passed an examination in professional responsibility
15or legal ethics as the examining committee may prescribe.

16(b) (1) begin deleteAn individual end deletebegin insertA person end insertwho has been an active member
17in good standing of the bar of an admitting sister statebegin delete ofend deletebegin insert orend insert United
18States jurisdiction, possession, or territory who is married to, or
19in a domestic partnership or other legal union with, an active duty
20member of the Armed Forces of the United States who is assigned
21to a duty station in California under official active duty military
22orders, may apply to receive a provisional license to practice law
23in California, which shall confer all of the same rights, benefits,
24duties, and responsibilities as a license to practice law in Californiabegin insert,
25except as provided in this subdivisionend insert
. A provisional license to
26practice law shall be granted to an applicantbegin delete thatend deletebegin insert whoend insert meets the
27following requirements:

begin insert

28(A) Is at least 18 years of age.

end insert
begin insert

29(B) Is of good moral character.

end insert
begin insert

30(C) Has passed an examination in professional responsibility
31or legal ethics as the examining committee may prescribe.

end insert
begin delete

32(A)

end delete

33begin insert(D)end insert Supplies evidence satisfactory to the State Barbegin delete of California end delete
34that he or she is married to, or in a domestic partnership or other
35legal union with, an active duty member of the Armed Forces of
36the United States who is assigned to a duty station in California
37under official active duty military orders.

begin delete

38(B)

end delete

39begin insert(E)end insert Holds a current license to practice law in another state,
40district, or territory of the United States.

begin delete

P4    1(C)

end delete

2begin insert(F)end insert Establishes that he or she is not currently subject to lawyer
3 discipline or the subject of a pending disciplinary matter in any
4jurisdiction.

begin delete

5(D)

end delete

6begin insert(G)end insert Pays annual bar membership dues.

begin delete

7(E)

end delete

8begin insert(H)end insert Complies with all ethical, legal, and continuing legal
9education obligations.

begin delete

10(2) The provisional license shall be valid until the active duty
11member of the Armed Forces is no longer assigned a duty station
12in California under official active duty military orders or until the
13provisional licenseholder has passed the Attorneys’ Examination.

end delete
begin insert

14(2) The State Bar shall expedite all moral character
15investigations or proceedings for provisional license applicants.

end insert
begin insert

16(3) A provisional licenseholder shall, as a condition of
17provisional licensure, comply with all of the following:

end insert
begin insert

18(A) Take the first general bar examination or Attorneys’
19Examination administered at least 90 calendar days after his or
20her moral character determination application is submitted to the
21State Bar. A provisional licenseholder who has been an active
22member of an admitting sister state or United States jurisdiction,
23possession, or territory for less than four years immediately
24preceding the first day of the examination applied for must take
25the general bar examination administered to general applicants
26not admitted as attorneys in other jurisdictions. A provisional
27licenseholder who has been an active member in good standing
28of the bar of the admitting sister state or United States jurisdiction,
29possession, or territory for at least four years immediately
30preceding the first day of the examination applied for may elect
31to take the Attorneys’ Examination rather than the general bar
32examination.

end insert
begin insert

33(B) Associate with an active member of the State Bar.

end insert
begin insert

34(C) Disclose his or her provisional licensure in any contract
35for legal services.

end insert
begin insert

36Failure to comply with this paragraph shall be grounds for
37revocation of the provisional license.

end insert
begin insert

38(4) If the provisional licenseholder does not pass the general
39bar examination or Attorneys’ Examination taken pursuant to
40subparagraph (A) of paragraph (3), the provisional license shall
P5    1expire on the date the examination results become available. If
2the provisional licenseholder passes the general bar examination
3or Attorneys’ Examination, the provisional license shall expire on
4the date the provisional licenseholder takes the oath of admission.
5Notwithstanding these provisions or any other law, a provisional
6license shall only be valid while the active duty member of the
7Armed Forces is assigned a duty station in California under official
8active duty military orders.

end insert

9(c) To be certified to the Supreme Court for admission, and a
10license to practice law, a person who has been admitted to practice
11law in a jurisdiction other than in a sister state, United States
12jurisdiction, possession, or territory shall:

13(1) begin deleteBe of the age of at least 18 years. end deletebegin insertBe at least 18 years of
14age. end insert

15(2) Be of good moral character.

16(3) Have passed the general bar examination given by the
17examining committee.

18(4)  Have passed an examination in professional responsibility
19or legal ethics as the examining committee may prescribe.

20(d) The amendments to this section made at the 1997-98 Regular
21Session of the Legislature shall be applicable on and after January
221, 1997, and do not constitute a change in, but are declaratory of,
23existing law.



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