Amended in Assembly June 23, 2016

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 admission, to complete at least 50 hours of supervised pro bono legal service, as specified, in order to supplement the applicant’s legal education with practical legal work experience. Upon completion of the pro bono legal service requirement, the bill would require an applicant and the begin delete supervising attorney or active judge end delete begin insert supervisor, as defined, end insert to complete and sign a form confirming completion of the pro bono service. The bill would require the State Bar to adopt rules for the submission and retention of the certification forms. The bill 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 begin delete applicants end delete begin insert submitted forms end insert to ensure begin delete completion of 50 hours of pro bono legal service. end delete begin insert compliance with these provisions. end insert The bill would provide that these provisions begin delete become operative on end delete begin insert apply to all applicants who enter law school on or after end insert 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 legal service prior to begin delete filing an application. end delete begin insert admission. end insert
The purpose of this pro bono legal service begin insert requirement end insert is to
supplement the applicant’s legal education with practical legal
work begin delete experience. end delete begin insert experience and expose the applicant to the
professional value of pro bono legal service for the public good. end insert

(b)  begin delete The end delete begin insert All qualifying end insert begin insert end insert pro bono legal service shall be begin delete supervised
by an active licensed attorney in good standing. end delete begin insert performed under
the supervision of one of the following: end insert

begin insert

(1) A member of a law school faculty, including adjunct faculty,
or an instructor employed by a law school.

end insert begin insert

(2) A person with the appropriate licensing to represent the
client before the relevant judicial body or government agency,
which includes, but is not limited to, an active licensed attorney
in good standing.

end insert begin insert

(3) An active licensed attorney in good standing.

end insert

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

begin insert

(1) “Pro bono legal service” means work without compensation
from the client who receives the legal service that is designed to
benefit the public interest or persons who are indigent or of modest
means for one of the individuals, organizations, or programs listed
in subdivision (d) that is for one of the following purposes:

end insert begin insert

(A) 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

(B) To address the economic, health, and social needs of persons
who are indigent or of modest means.

end insert begin insert

(C) To further the purpose of a charitable, civic, community,
governmental, or educational organization where payment of the
market rate for legal fees would significantly deplete the
organization’s resources or would otherwise be inappropriate.

end insert begin insert

(2) “Modest means” means low income, very low income, or
extremely low income under the official state income limits
established by the Department of Housing and Community
Development under Section 50093 of the Health and Safety Code
or under comparable official state income limits in another United
States jurisdiction.

end insert begin insert

(d) Pro bono legal service shall be performed with or for any
of the following:

end insert

(1) A “legal aid begin delete organization” end delete begin insert organization, end insert begin insert ” end insert as defined by
Section begin delete 6159.51. end delete begin insert 6159.51, or a qualified legal services project or
a qualified support center, as defined in Section 6213. end insert

(2) A nonprofit begin delete 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 delete

begin insert organization. end insert

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

begin insert

(4) An externship, law school clinic or other placement approved
for credit hours by a law school, or law school-sponsored project,
in which the applicant is assigned work that otherwise meets the
criteria of this section.

end insert begin insert

(5) A law firm, including a solo practitioner, or other legal
services provider where the applicant is assigned work that
otherwise meets the criteria of this section.

end insert begin insert

(6) A State Bar-certified lawyer referral and information
services panel that provides legal services to the indigent or
persons of modest means without charge or for less than market
rate.

end insert begin insert

(7) An attorney incubator program or nonprofit law corporation
affiliated with a law school or bar association that provides legal
services to the indigent or persons of modest means without charge
or for less than market rate.

end insert begin insert

(e) Nothing in this section prohibits an applicant from receiving
compensation, including, but not limited to, a salary, for
performing pro bono legal service that is paid by a person or entity
other than the client who receives the pro bono legal service.

end insert begin delete

(d)

end delete

begin insert (f) end insert  Subject to subdivision (b), the 50 hours of pro bono legal
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 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 delete begin insert country. end insert

begin delete

(e)

end delete

begin insert (g) end insert  The 50 hours of pro bono legal service shall be provided
after the commencement of the applicant’s legal studies, and prior
to admission.

begin delete

(f)

end delete

begin insert (h) end insert   begin insert (1) end insert begin insert   end insert Upon completion of the pro bono legal service
requirement, an applicant shall complete a form describing the
nature and dates of pro bono legal service and the number of hours
begin delete completed. end delete begin insert completed and submit the form to the State Bar. end insert Both
the applicant and the supervising attorney or active judge shall
sign the form. The State Bar shall adopt rules for begin delete the submission
to, and retention by, the State Bar end delete begin insert its retention end insert of the certification
forms.

begin insert

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

end insert begin delete

(g)

end delete

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

begin delete

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

end delete begin delete

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

end delete begin delete

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

end delete begin insert

(j) The requirements of this section do not apply to:

end insert begin insert

(1) An applicant who is already admitted to practice in any
state, territory, or foreign jurisdiction.

end insert begin insert

(2) An applicant who has earned a J.D. or its equivalent in a
foreign jurisdiction and is qualified to practice without a separate
admission process in that jurisdiction.

end insert begin insert

(3) An applicant qualifying for admission by completion of an
LL.M. degree program.

end insert begin insert

(k) (1) Each law school shall publicly disclose on its Internet
Web site through a link from the Internet Web site homepage of
the law school under “Pro Bono Legal Service Requirement for
Law Students,” all of the following information:

end insert begin insert

(A) A description of the requirements of this section.

end insert begin insert

(B) Links to programs available to students at the school and
in the local community that provide opportunities for pro bono
legal service and allow students to comply with the requirements
of this section.

end insert begin insert

(C) Times and dates when the programs are open or available
to students.

end insert begin insert

(2) Each law school shall provide an initial link to the above
information to the State Bar no later than January 1, 2018, and
shall maintain updated links to qualifying school and community
programs on an annual basis.

end insert begin insert

(l) The State Bar shall publicly disclose on its Internet Web site,
with a link from the “Future Lawyers” or “Admissions” Internet
Web page of the State Bar under “Pro Bono Legal Service
Requirement for Law Students,” all of the following information:

end insert begin insert

(1) A description of the requirements of this section.

end insert begin insert

(2) A link to the information described in paragraph (1) of
subdivision (k) for each law school in the state that provides its
link to that information to the State Bar pursuant to paragraph
(2) of subdivision (k).

end insert begin insert

(m) Pursuant to rules adopted under subdivision (g), the State
Bar shall randomly audit the compliance documentation applicants
submit to ensure its consistency with the criteria in paragraph (1)
of subdivision (c). This section shall not require the State Bar to
audit or investigate any service providers for which work was done
by an applicant or to evaluate the substance of any work that was
done by an applicant.

end insert begin insert

(n) The requirements of this section shall apply to all applicants
who enter law school on or after January 1, 2018.

end insert