Amended in Assembly May 15, 2013

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.

Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation. 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 authorize a person whobegin delete has beenend deletebegin insert isend insert an active member in good standing of the bar of a sister state or United States jurisdiction, possession, or territorybegin delete 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 the state. The bill would provide that the provisional license confers all the same rights, benefits, duties, and responsibilities to practice law as a regular 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 deletebegin insert to apply and be eligible to be certified to the Supreme Court for provisional admission and to receive a provisional license to practice law in California if the applicant meets certain requirements, including, among others, supplying evidence satisfactory to the State Bar that he or she 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 California under official active duty military orders. The bill would require an applicant for a provisional license or a provisional licenseholder to take the first general bar examination or Attorneyend insertbegin insertsend insertbegin insert’ Examination, as specified, administered after the date the active duty member must report to a duty station in the state, except as provided. The bill would require the provisional licenseholder to abide by all the laws, rules, and regulations that govern fully licensed members of the State Bar and would also subject him or her to the same duties, responsibilities, and obligations and confer the same rights and benefits, as fully licensed members of the State Bar, except as provided. The bill would subject the provisional licenseholder to certain disclosure requirements and would authorize him or her to practice law in California only under the supervision of an attorney who is an active member in good standing of the State Bar of California. The bill would provide for the automatic and immediate termination of the provisional license under specified circumstances.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:

P3    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) Be at least 18 years of age.

9(2) Be of good moral character.

10(3) Have passed the general bar examination given by the
11examining committee. However, if that person has been an active
12member in good standing of the bar of the admitting sister state
13or United States jurisdiction, possession, or territory for at least
14four years immediately preceding the first day of the examination
15applied for, he or she may elect to take the Attorneys’ Examination
16rather than the general bar examination. Attorneys admitted less
17than four years and attorneys admitted four years or more in another
18jurisdiction but who have not been active members in good
19standing of their admitting jurisdiction for at least four years
20immediately preceding the first day of the examination applied for
21must take the general bar examination administered to general
22applicants not admitted as attorneys in other jurisdictions.

23(4) Have passed an examination in professional responsibility
24or legal ethics as the examining committee may prescribe.

25(b) begin delete(1)end deletebegin deleteend deleteA person whobegin delete has beenend deletebegin insert isend insert an active member in good
26standing of the bar of an admitting sister state or United States
27jurisdiction, possession, or territory begin delete who is married to, or in a
28domestic partnership or other legal union with, an active duty
29member of the Armed Forces of the United States who is assigned
30to a duty station in California under official active duty military
31orders, may apply to receive a provisional license to practice law
32in California, which shall confer all of the same rights, benefits,
P4    1duties, and responsibilities as a license to practice law in California,
2except as provided in this subdivision. A provisional license to
3practice law shall be granted to an applicant who meets the
4following requirements:end delete
begin insert may apply and shall be eligible to be
5certified to the Supreme Court for provisional admission, and to
6receive a provisional license to practice law in California, if the
7applicant meets all of the following requirements:end insert

begin delete

8(A)

end delete

9begin insert(1)end insert Is at least 18 years of age.

begin delete

10(B) Is of good moral character.

end delete
begin insert

11(2) Files an Application for Determination of Moral Character
12with the State Bar of California and is determined to be of good
13moral character.

end insert
begin delete

14(C)

end delete

15begin insert(3)end insert Has passed an examination in professional responsibility or
16legal ethics as the examining committee may prescribe.

begin delete

17(D)

end delete

18begin insert(4)end insert Supplies evidence satisfactory to the State Barthat he or she
19is married to, or in a domestic partnership or other legal union
20with, an active duty member of the Armed Forces of the United
21States who is assigned to a duty station in California under official
22active duty military orders.

begin delete

23(E) Holds a current license to practice law in another state,
24district, or territory of the United States.

end delete
begin insert

25(5) Establishes that he or she is an active member in good
26standing entitled to practice law in another state, United States
27jurisdiction, possession, or territory.

end insert
begin delete

28(F)

end delete

29begin insert(6)end insert Establishes that he or shebegin delete is not currentlyend deletebegin insert has never beenend insert
30 subject to lawyer disciplinebegin delete orend deletebegin insert and is notend insert the subject of a pending
31disciplinary matter in any jurisdiction.

begin delete

32(G) Pays annual bar membership dues.

33(H) Complies with all ethical, legal, and continuing legal
34education obligations.

35(2) The State Bar shall expedite all moral character
36investigations or proceedings for provisional license applicants.

37(3) A provisional licenseholder shall, as a condition of
38provisional licensure, comply with all of the following:

39(A) Take the first general bar examination or Attorneys’
40Examination administered at least 90 calendar days after his or
P5    1her moral character determination application is submitted to the
2State Bar. A provisional licenseholder who has been an active
3member of an admitting sister state or United States jurisdiction,
4possession, or territory for less than four years immediately
5preceding the first day of the examination applied for must take
6the general bar examination administered to general applicants not
7admitted as attorneys in other jurisdictions. A provisional
8licenseholder who has been an active member in good standing of
9the bar of the admitting sister state or United States jurisdiction,
10possession, or territory for at least four years immediately
11preceding the first day of the examination applied for may elect
12to take the Attorneys’ Examination rather than the general bar
13examination.

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

15(C) Disclose his or her provisional licensure in any contract for
16legal services.

17Failure to comply with this paragraph shall be grounds for
18revocation of the provisional license.

19(4) If the provisional licenseholder does not pass the general
20bar examination or Attorneys’ Examination taken pursuant to
21subparagraph (A) of paragraph (3), the provisional license shall
22expire on the date the examination results become available. If the
23provisional licenseholder passes the general bar examination or
24Attorneys’ Examination, the provisional license shall expire on
25the date the provisional licenseholder takes the oath of admission.
26Notwithstanding these provisions or any other law, a provisional
27license shall only be valid while the active duty member of the
28Armed Forces is assigned a duty station in California under official
29active duty military orders.

end delete
begin insert

30(c) (1) An applicant for a provisional license or a provisional
31licenseholder as described in subdivision (b) shall apply for and
32take the general bar examination administered by the examining
33committee, except as provided in paragraph (2).

end insert
begin insert

34(2) An applicant or provisional licenseholder who meets the
35requirements to take the Attorneys’ Examination as specified in
36paragraph (3) of subdivision (a) may elect to apply for and take
37the Attorneys’ Examination rather than the general bar
38examination.

end insert
begin insert

39(3) An applicant or provisional licenseholder shall apply for
40and take the general bar examination or Attorneys’ Examination
P6    1pursuant to paragraphs (1) and (2), in compliance with the
2following:

end insert
begin insert

3(A) Except as provided in subparagraphs (B) and (C), an
4applicant or provisional licenseholder shall apply for and take the
5first general bar examination or Attorneys’ Examination
6administered after the date the active duty member of the Armed
7Forces of the United States must report to a duty station in
8California under official active duty military orders.

end insert
begin insert

9(B) If the general bar examination or Attorneys’ Examination
10is administered less than 90 days after the date the active duty
11member of the Armed Forces of the United States must report to
12a duty station in California under official active duty military
13orders, the applicant or provisional licenseholder shall apply for
14and take one of the following:

end insert
begin insert

15(i) The first general bar examination or Attorneys’ Examination
16administered after the date the active duty member of the Armed
17Forces of the United States must report to a duty station in
18California under official active duty military orders.

end insert
begin insert

19(ii) The first general bar examination or Attorneys’ Examination
20administered after the examination described in clause (i).

end insert
begin insert

21(C) If the active duty member of the Armed Forces of the United
22States reported to a duty station in California under official active
23duty military orders before January 1, 2014, the applicant or
24provisional licenseholder shall apply for and take the general bar
25examination or Attorneys’ Examination no later than July 2014.

end insert
begin insert

26(d) A provisional licenseholder shall abide by all of the laws,
27rules, and regulations that govern fully licensed members of the
28State Bar of California, including payment of annual bar
29membership dues and compliance with the Minimum Continuing
30Legal Education requirements.

end insert
begin insert

31(e) A provisional licenseholder shall be subject to the same
32duties, responsibilities, and obligations as fully licensed members
33of the State Bar of California and shall be conferred the same
34rights and benefits as fully licensed members of the State Bar of
35California subject to the following:

end insert
begin insert

36(1) A provisional licenseholder may not advertise, hold out to
37the public, or otherwise represent that he or she is admitted or
38licensed to practice law in California unless the provisional
39licenseholder concurrently states that he or she is admitted to
40practice in California under a provisional license only.

end insert
begin insert

P7    1(2) A provisional licenseholder shall state in all written fee
2agreements and other contracts for legal services that he or she
3is admitted to practice in California under a provisional license
4only.

end insert
begin insert

5(3) A provisional licenseholder may practice law in California
6only under the supervision of an attorney who is an active member
7in good standing of the State Bar of California.

end insert
begin insert

8(f) A provisional license shall automatically and immediately
9terminate upon the earliest of any of the following:

end insert
begin insert

10(1) Failure of the applicant or provisional licenseholder to apply
11for, take, and pass the general bar examination or Attorneys’
12Examination as required under subdivision (c).

end insert
begin insert

13(2) A change resulting in the active duty member of the Armed
14Forces no longer being assigned to a duty station in California
15under official active duty military orders.

end insert
begin insert

16(3) Divorce, dissolution, or legal termination of the marriage,
17domestic partnership, or other legal union with the active duty
18member of the Armed Forces of the United States who is assigned
19to a duty station in California under official active duty military
20orders.

end insert
begin insert

21(g) A provisional license shall automatically be superseded and
22immediately terminate upon the issuance of a full license to
23practice law in California to the provisional licenseholder.

end insert
begin delete

24(c)

end delete

25begin insert(h)end insert To be certified to the Supreme Court for admission, and a
26license to practice law, a person who has been admitted to practice
27law in a jurisdiction other than in a sister state, United States
28jurisdiction, possession, or territory shall:

29(1) Be at least 18 years of age.

30(2) Be of good moral character.

31(3) Have passed the general bar examination given by the
32examining committee.

33(4)  Have passed an examination in professional responsibility
34or legal ethics as the examining committee may prescribe.

begin delete

35(d)

end delete

36begin insert(i)end insert The amendments to this section made at the 1997-98 Regular
37Session of the Legislature shall be applicable on and after January
P8    11, 1997, and do not constitute a change in, but are declaratory of,
2existing law.



O

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