Amended in Assembly June 30, 2016

Amended in Assembly June 23, 2016

Amended in Assembly May 31, 2016

Amended in Senate May 3, 2016

Senate BillNo. 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 supervisor, as defined, to complete and sign a form confirming completion of the pro bono service. The bill would require the State Bar to adopt rules for thebegin delete submission andend delete 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 submitted forms to ensure compliance with these provisions. The bill would provide that these provisions apply to all applicants who enter law school on or after 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:

P2    1

SECTION 1.  

Section 6060.1.5 is added to the Business and
2Professions Code
, to read:

3

6060.1.5.  

(a) In addition to satisfying the requirements in
4Section 6060, irrespective of the manner or law school in which
5an applicant acquires his or her legal education, an applicant for
6admission and a license to practice shall complete at least 50 hours
7of pro bono legal service prior to admission. The purpose of this
8pro bono legal service requirement is to supplement the applicant’s
9legal education with practical legal work experience and expose
10the applicant to the professional value of pro bono legal service
11for the public good.

12(b) All qualifying pro bono legal service shall be performed
13under the supervision of one of the following:

14(1) A member of a law school faculty, includingbegin delete adjunctend delete
15begin insert part-timeend insert faculty, or an instructor employed by a law school.

16(2) A person with the appropriate licensing to represent the
17client before the relevant judicial body or government agency,
18which includes, but is not limited to, an active licensed attorney
19in good standing.

20(3) An active licensed attorney in good standing.

21(c) For the purposes of this section, begin delete both ofend delete the following
22definitions shall apply:

23(1) “Pro bono legal service” means work without compensation
24from the client who receives the legal service that is designed to
25benefit the public interest or persons who are indigent or of modest
26means for one of the individuals, organizations, or programs listed
27in subdivision (d) that is for one of the following purposes:

P3    1(A) To secure or promote access to justice, including, but not
2limited to, the protection of civil rights, civil liberties, or public
3rights.

4(B) To address the economic, health, and social needs of persons
5who are indigent or of modest means.

6(C) To further the purpose of a charitable, civic, community,
7governmental, or educational organization where payment of the
8market rate for legal fees would significantly deplete the
9organization’s resources or would otherwise be inappropriate.

10(2) “Modest means” means low income, very low income, or
11extremely low income under the official state income limits
12established by the Department of Housing and Community
13Development under Section 50093 of the Health and Safety Code
14or under comparable official state income limits in another United
15States jurisdiction.

begin insert

16
(3) “Attorney incubator program” means a postgraduate
17training program that teaches attorneys how to form, develop, and
18sustain law firms.

end insert

19(d) Pro bono legal service shall be performed with or for any
20of the following:

21(1) A “legal aid organization,” as defined by Section 6159.51,
22or a qualified legal services project or a qualified support center,
23as defined in Section 6213.

24(2) A nonprofit organization.

25(3) A charitable, civic, community, governmental, or educational
26organization.

27(4) An externship, law school clinic or other placement approved
28for credit hours by a law school, or law school-sponsored project,
29in which the applicant is assigned work that otherwise meets the
30criteria of this section.

31(5) A law firm, including a solo practitioner, or other legal
32services provider where the applicant is assigned work that
33otherwise meets the criteria of this section.

34(6) A State Bar-certified lawyer referral and information services
35panel that provides legal services to the indigent or persons of
36modest means without charge or for less than market rate.

37(7) An attorney incubator program or nonprofit law corporation
38affiliated with a law school or bar association that provides legal
39services to the indigent or persons of modest means without charge
40or for less than market rate.

P4    1(e) Nothing in this section prohibits an applicant from receiving
2compensation, including, but not limited to, a salary, for performing
3pro bono legal service that is paid by a person or entity other than
4the client who receives the pro bono legal service.

5(f) Subject to subdivision (b), the 50 hours of pro bono legal
6service, or any portion thereof, may be completed in any state or
7territory of the United States, the District of Columbia, or any
8foreign country.

9(g) The 50 hours of pro bono legal service shall be provided
10after the commencement of the applicant’s legal studies, and prior
11to admission.

12(h) (1) Upon completion of the pro bono legal service
13requirement, an applicant shall complete a form describing the
14nature and dates of pro bono legal service and the number of hours
15completed and submit the form to the State Bar. Both the applicant
16and the supervising attorney or active judge shall sign the form.
17The State Bar shall adopt rules for its retention of the certification
18forms.

19(2) The State Bar may create the form upon which the applicant
20can report completion of pro bono legal service.

21(i) No applicant may satisfy any part of the 50-hour requirement
22by participating in any partisan political activities.

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

24(1) An applicant who is already admitted to practice in any state,
25territory, or foreign jurisdiction.

26(2) An applicant who has earned a J.D. or its equivalent in a
27foreign jurisdiction and is qualified to practice without a separate
28admission process in that jurisdiction.

29(3) An applicant qualifying for admission by completion of an
30LL.M. degree program.

31(k) (1) Each law school shall publicly disclose on its Internet
32Web site through a link from the Internet Web site homepage of
33the law school under “Pro Bono Legal Service Requirement for
34Law Students,” all of the following information:

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

36(B) Links to programs available to students at the school and
37in the local community that provide opportunities for pro bono
38legal service and allow students to comply with the requirements
39of this section.

P5    1(C) begin deleteTimes end deletebegin insertTo the extent practicable, information about times end insert
2and dates when the programs are open or available tobegin delete students.end delete
3
begin insert students that have been provided to the law school by the pro bono
4legal service program.end insert

5(2) Each law school shall provide an initial link to the above
6information to the State Bar no later than January 1, 2018, and
7shall maintain updated links to qualifying school and community
8programs on an annual basis.

9(l) The State Bar shall publicly disclose on its Internet Web site,
10with a link from the “Future Lawyers” or “Admissions” Internet
11Web page of the State Bar under “Pro Bono Legal Service
12Requirement for Law Students,” all of the following information:

13(1) A description of the requirements of this section.

14(2) A link to the information described in paragraph (1) of
15subdivision (k) for each law school in the state that provides its
16link to that information to the State Bar pursuant to paragraph (2)
17of subdivision (k).

18(m) Pursuant to rules adopted under subdivision (g), the State
19Bar shall randomly audit the compliance documentation applicants
20submit to ensure its consistency with the criteria in paragraph (1)
21of subdivision (c). This section shall not require the State Bar to
22audit or investigate any service providers for which work was done
23by an applicant or to evaluate the substance of any work that was
24done by an applicant.

25(n) The requirements of this section shall apply to all applicants
26who enter law school on or after January 1, 2018.



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