BILL ANALYSIS Ó
AB 296
Page 1
Date of Hearing: April 30, 2013
ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
Al Muratsuchi, Chair
AB 296 (Wagner) - As Introduced: February 11, 2013
SUBJECT : Attorneys
SUMMARY : Grants provisional licenses to practice law to
spouses of military members. Specifically, this bill :
1)Directs the State Bar of California to issue a provisional
license to practice law in California to an applicant who:
a) Is an active member in good standing of the bar of
another state, possession, or territory;
b) Is the spouse of an active duty servicemember of the
Armed Forces of the United States assigned to a duty
station in California under official active duty military
orders;
c) Supplies evidence satisfactory to the State Bar of
California 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;
d) Holds a current license to practice law in another
state, district, or territory of the United States;
e) Establishes that he or she is not currently subject to
lawyer discipline or the subject of a pending disciplinary
matter in any jurisdiction;
f) Pays annual bar membership dues; and
g) Complies with all ethical, legal, and continuing legal
education obligations.
2)States that the provisional license shall be valid until the
active duty member of the Armed Forces is no longer assigned a
duty station in California under official active duty military
orders or until the provisional licenseholder has passed the
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Attorneys' Examination.
EXISTING LAW :
1)States that to be certified to the Supreme Court for
admission, and a license to practice law, a person who has
been admitted to practice law in a sister state, United States
jurisdiction, possession, territory, etc., must:
a) Be of the age of at least 18 years.
b) Be of good moral character.
c) Have passed the general bar examination given by the
examining committee.
2)However, if that person has been an active member in good
standing of the bar of the admitting sister state or United
States jurisdiction, possession, or territory for at least
four years immediately preceding the first day of the
examination applied for, he or she may elect to take the
Attorneys' Examination rather than the general bar
examination.
3)Attorneys admitted less than four years and attorneys admitted
four years or more in another jurisdiction but who have not
been active members in good standing of their admitting
jurisdiction for at least four years immediately preceding the
first day of the examination applied for must take the general
bar examination administered to general applicants not
admitted as attorneys in other jurisdictions.
4)Have passed an examination in professional responsibility or
legal ethics as the examining committee may prescribe.
5)Be certified by the State Department of Social Services and
not being non-compliant with a court-ordered child or family
support obligation.
FISCAL EFFECT : Unknown at this time.
COMMENTS :
Issue : According to the author:
The ability to practice law in California requires an
individual to possess a license which comes with several
conditions, which can cause lengthy re-employment delays
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for military spouses who practice law and move between
states. Because of these delays and the expense involved
in re-licensure, many spouses decide not to practice in
their professions. This is a difficult financial and
career choice issue for military members and their spouses,
potentially impacting their desire to stay in the military.
California has approximately 72,000 military spouses (civilians
married to servicemembers) residing here in any given year
(California Research Bureau, Professional Licensing and Military
Spouses. (2013). S-13-001). 95% of military spouses are women.
Over a third of military spouses are employed in professions
that require some sort of license or certificate. (Professional
Licensing and Military Spouses) Additionally a recent survey
showed that more than two-thirds of all service members state
their decision to re-reenlist was largely or moderately affected
by their spouses' career prospects. (U.S. Department of the
Treasury and U.S. Department of Defense. (2012). Supporting Our
Military Families: Best Practices for Streamlining Occupational
Licensing Across State Lines.
Out-of-state attorneys practicing law in California
These are three programs that currently permit a person who is
eligible to practice law in another state to practice law in
California, subject to the limitations, restrictions and other
provisions of the governing statutes and rules.
1)Registered Legal Service Attorneys
Rule 9.45 of the California Rules of Court governs registered
legal services attorneys. Subject to all applicable rules,
regulations, and statutes, an out-of-state attorney practicing
law under that rule may practice law in California only while
working at a qualifying legal services provider, as defined in
the rule, under the supervision of an attorney who is employed
by the qualifying legal services provider and who is an active
member in good standing of the State Bar of California. An
attorney supervising a registered legal services attorney must
meet the requirements of Rule 9.45(h) relating to number of
years in practice, required level of supervision, and other
details.
2)Pro Hac Vice
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Under Rule 9.40 of the California Rules of Court, an
out-of-state attorney who has been retained to appear in a
particular case pending in a California court may, in the
discretion that court, be permitted upon written application
to appear as counsel pro hac vice, provided that an active
member of the State Bar of California is associated as
attorney of record. Rule 9.40 contains other details,
requirements, and limitations governing pro hac vice counsel.
3)Out-of-State Attorney Arbitration Counsel
Under Code of Civil Procedure Section 1282.4, Rule 9.43 of the
California Rules or Court, and Rules 3.380 - 3.382 of the
Rules of the State Bar of California, an out-of-state attorney
may represent a party in connection with an arbitration in
California, subject to approval by the arbitrator or arbitral
form and other applicable provisions in the statute and rules.
The out-of-state attorney must be retained to appear in
association with an active member of the State Bar of
California who is attorney of record in the arbitration.
It is unclear how many military spouses this bill would affect.
Nevertheless, as stated by the author the inability to practice
law in California would pose a significant barrier to employment
for the attorney spouse. He or she might be able to find an
attorney position which does not require admission to the
California Bar as set forth above, but those positions would be
far fewer than those requiring state bar admission. The
programs summarized above are by nature quite limited in scope.
Policy Question for Members: Should the provisional license have
an expiration, requiring the attorney spouse to be admitted to
the California Bar after a reasonable period for preparation?
The bill would grant an open-ended provisional license; the
license continues as long as the military member is stationed
here, which could be several years. The general bar exam and the
attorneys exam are given twice a year. Perhaps it makes sense
to grant a reasonable provisional license period so that the
attorney spouse may seek immediate employment while studying for
the bar or attorneys exam but not have an open-ended provisional
license term. Moreover, due to timing of the bar and attorneys
exam dates, requiring the attorney spouse to take the very next
bar might result in him/her paying substantial late registration
fees in addition to the significant base cost of the exam.
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For example:
On time filing for the July 2013 bar was due by April 1, 2013
and costs attorney applicants $892.00. However, if an applicant
files late, additional charges apply:
April 2, 2013 - April 30, 2013 $ 50.00
May 1, 2013 - June 17, 2013 $250.00
Thus, if it is required that provisional licensees take the bar
or attorneys exam it is reasonable to give them sufficient time
to prepare and apply without incurring late charges.
Policy Question for Members: Should the provisional license
applicant have to meet similar other standards to those for out
of state/out of country attorney applicants?
Out of state/country attorney applicants must meet several
requirements in addition to passing the bar or attorneys exam.
They must:
1)Be of the age of at least 18 years;
2)Be of good moral character; and
3)Have passed an examination in professional responsibility or
legal ethics as the examining committee may prescribe.
These requirements seem reasonable, not overly onerous, and
calculated to protect the public. The age requirement is
designed to make sure that attorneys have reached the age of
majority in the state and presumably possess sufficient maturity
to handle important, sometimes critical, legal matters. The
moral character requirement is intended to check that applicants
have the proper moral character to handle legal matters and
finances, including client money. The professional
responsibility exam is designed to ensure that attorneys
understand their duties of professional responsibility including
to their clients and the courts.
Suggested amendments : The author has indicated he is willing to
accept the following amendments:
Applicants must:
1)Be of the age of at least 18 years;
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2)Be of good moral character;
3)Have passed an examination in professional responsibility or
legal ethics as the examining committee may prescribe;
4)Take and pass the bar exam or attorneys exam within one year
from the date of issuance of the license.
The bill as amended would balance the hardship an attorney
spouse (and military family) would bear if the spouse could not
seek immediate employment with the concerns of the State Bar to
protect the public and regulate the practice of law in
California.
REGISTERED SUPPORT / OPPOSITION :
Support
California Communities United Institute
Opposition
None on file.
Analysis Prepared by : John Spangler / V. A. / (916) 319-3550