Amended in Assembly May 31, 2016

Amended in Senate May 3, 2016

Senate Bill No. 1257

Introduced by Senator Block

February 18, 2016

An act to add Section 6060.1.5 to the Business and Professions Code, relating to the State Bar Act.

LEGISLATIVE COUNSEL’S DIGEST

SB 1257, as amended, Block. State Bar: admission: license: pro bono service requirement.

Existing law, the State Bar Act, requires an applicant for admission and a license to practice law, to meet certain requirements, including, but not limited to, having completed certain legal education in a law school, law office, or judge’s chambers, passed an examination in professional responsibility, and passed the general bar examination. Existing law prohibits a person from practicing law in this state unless he or she is an active member of the State Bar.

This bill would additionally require an applicant, prior to begin delete filing an application for admission and a license to practice, end delete begin insert admission, end insert to complete at least 50 hours of supervised pro bono begin insert legal end insert service, as specified, in order to supplement the applicant’s legal education with practical legal work experience. Upon completion of the pro bono begin insert legal end insert service requirement, the bill would require an applicant begin insert and the supervising attorney or active judge end insert to begin delete complete, sign, and submit end delete begin insert complete and sign end insert a form begin delete to the State Bar end delete confirming completion of the pro bono begin delete service, and end delete begin insert service. The bill would require the State Bar to adopt rules for the submission and retention of the certification forms. The bill end insert would authorize the State Bar to create the form upon which an applicant can report completion of pro bono service. The bill would require the State Bar to randomly audit applicants to ensure completion of 50 hours of pro bono begin insert legal end insert service. The bill would provide that these provisions become operative on January 1, 2018.

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

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

SECTION 1.  

Section 6060.1.5 is added to the Business and
Professions Code, to read:

6060.1.5.  

(a) In addition to satisfying the requirements in
Section 6060, irrespective of the manner or law school in which
an applicant acquires his or her legal education, an applicant for
admission and a license to practice shall complete at least 50 hours
of pro bono begin insert legal end insert service prior to filing an application. The purpose
of this pro bono legal service is to supplement the applicant’s legal
education with practical legal work experience.

(b) The pro bono begin insert legal end insert service shall be supervised by an active
licensed attorney in good standing.

(c) For the purposes of this section, “pro bono begin insert legal end insert service”
means work begin delete that does either end delete begin insert without compensation except for costs
in the provision of legal service to any end insert of the following:

(1)  begin delete Assists in the provision of legal services without charge for
persons of limited means, not-for-profit organizations, or
individuals, groups, or organizations seeking to secure or promote
access to justice, including, but not limited to, the protection of
civil rights, civil liberties, or public rights. end delete begin insert A “legal aid
organization” as defined by Section 6159.51. end insert

(2)  begin delete Assists in the provision of legal assistance in public service
for a judicial, legislative, executive, or other governmental entity. end delete

begin insert A nonprofit group or organization seeking to secure or promote
access to justice, including, but not limited to, the protection of
civil rights, civil liberties, or public rights. end insert

begin insert

(3) A charitable, civic, community, governmental, or educational
organization in matters designed primarily to address the
economic, health, and social needs of persons who are indigent
or of limited means.

end insert

(d) Subject to subdivision (b), the 50 hours of pro bono begin insert legal end insert
service, or any portion thereof, may be completed in any state or
territory of the United States, the District of Columbia, or any
foreign begin delete country. end delete begin insert country and may be supervised by an attorney
who is licensed to practice law or an active judge in the jurisdiction
where the service is completed. end insert

(e) The 50 hours of pro bono begin insert legal end insert service shall be provided
after the commencement of the applicant’s legal studies, and prior
to begin delete filing an application for admission and a license to practice. end delete

begin insert admission. end insert

(f) Upon completion of the pro bono begin insert legal end insert service requirement,
an applicant shall complete a form describing the nature and dates
of pro bono begin insert legal end insert service and the number of hours completed. Both
the applicant and the supervising attorney begin insert or active judge end insert shall
sign the form. begin delete The applicant shall submit the signed form to the
State Bar. end delete begin insert The State Bar shall adopt rules for the submission to,
and retention by, the State Bar of the certification forms. end insert

(g) No applicant may satisfy any part of the 50-hour requirement
by participating in any partisan political activities.

(h) The State Bar may create the form upon which the applicant
can report completion of pro bono begin insert legal end insert service.

(i) The State Bar shall randomly audit applicants to ensure
completion of 50 hours of pro bono begin insert legal end insert service.

(j) This section shall become operative on January 1, 2018.