BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1257| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 1257 Author: Block (D) Amended: 5/3/16 Vote: 21 SENATE JUDICIARY COMMITTEE: 6-1, 4/26/16 AYES: Jackson, Moorlach, Hertzberg, Leno, Monning, Wieckowski NOES: Anderson SUBJECT: State Bar: admission: license: pro bono service requirement SOURCE: Author DIGEST: This bill, to achieve greater access to justice for indigent unrepresented Californians, requires any person who applies to become a licensed California attorney to complete at least 50 hours of pro bono service, as defined, prior to filing an application for admission with the State Bar of California. ANALYSIS: Existing law: 1)Provides that the State Bar's highest priority is protection of the public, and, whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. 2)Requires that attorneys who wish to practice law in California generally must be admitted and licensed in this state and must be a member of the State Bar. 3)Sets forth requirements for an individual to be certified by SB 1257 Page 2 the Supreme Court for admission and a license to practice law, including but not limited to, having to pass the general bar examination, passing an examination in professional responsibility, and having to complete certain legal education in a law school, law office, or judge's chambers. 4)Provides that every lawyer authorized and privileged to practice law in California is expected to make a contribution to provide voluntary pro bono legal services to those who cannot afford the help of a lawyer. This bill: 1)Requires an applicant for admission and a license to practice law to complete at least 50 hours of pro bono service, as defined, prior to filing an application. 2)Defines "pro bono service" as work that does either of the following: 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; and assists in the provision of legal assistance in public service for a judicial, legislative, executive, or other governmental entity. 1)Provides that: pro bono service may be completed in any state or territory of the United States, the District of Columbia, or any foreign country; pro bono service must be supervised by an active licensed attorney in good standing; no applicant may satisfy any part of the 50-hour requirement by participating in any partisan political activities; and pro bono service shall be provided after the commencement of the applicant's legal studies, and prior to SB 1257 Page 3 filing an application for admission and a license to practice law. 1)Requires, upon completion of the pro bono service requirement, an applicant shall complete and submit a form to the State Bar that is signed by the applicant and supervising attorney that describes the nature and dates of pro bono service and the number of hours completed. 2)Allows the State Bar to create the form upon which the applicant can report completion of pro bono service and requires the State Bar to randomly audit applicants to ensure their completion of pro bono hours. 3)States that the purpose of the pro bono legal service requirement is to supplement the applicant's legal education with practical legal work experience. 4)Provides the provisions of this bill become operative on January 1, 2018. Background In 1963, the United States Supreme Court decided Gideon v. Wainright (1963) 372 U.S. 335, in which it unanimously ruled that state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants unable to afford their own attorneys. The U.S. Supreme Court, however, has declined to extend the right to counsel to indigents in civil proceedings. In Lassiter v. Department of Social Services (1981) 452 U.S. 18, the Court affirmed that an indigent litigant's right to an appointed counsel applies only when the litigant may be deprived of his or her personal liberty. Consequently, the United States mainly relies upon limited legal services and pro bono programs to provide indigent litigants representation in civil matters. Existing law provides that it has been the tradition of those learned in the law and licensed to practice law in this state to provide voluntary pro bono legal services to those who cannot afford the help of a lawyer; that every lawyer authorized and SB 1257 Page 4 privileged to practice law in California is expected to make a contribution; that in some circumstances, it may not be feasible for a lawyer to directly provide pro bono services; and that in those circumstances, a lawyer may instead fulfill his or her individual pro bono ethical commitment, in part, by providing financial support to organizations providing free legal services to persons of limited means. In recent years, there has been a growing movement, to provide legal counsel as a matter of right to indigent litigants in matters where basic human needs are at stake. Proponents argue that meaningful access to the civil justice system is largely dependent upon legal representation; and that the likelihood of a just result is significantly increased by competent representation. In recognition of the need for indigent civil litigants in California to be represented by legal counsel, the State of California enacted a pilot project, the Sargent Shriver Civil Counsel Act, in selected courts to provide legal representation to low-income parties in civil matters involving critical issues affecting basic human needs. To achieve greater access to justice for indigent unrepresented Californians, this bill requires any person who applies to become a licensed California attorney to complete at least 50 hours of pro bono service, as defined, prior to filing an application for admission with the State Bar of California. Comments The pro bono service requirements of those who apply to become licensed attorneys in the State of California is consistent with the public policy of the State of California to provide access to justice to everyone and pro bono legal services to those who cannot afford competent legal representation. The purpose of the 50-hour pro bono service requirement, according to the text of this bill, is to "supplement the applicant's legal education with practical legal work experience." Under this bill, each applicant for admission to the State Bar will need to complete 50 hours of pro bono service under the supervision of a licensed attorney. Currently, there is no requirement that California State Bar applicants receive any SB 1257 Page 5 practical legal work experience before becoming licensed attorneys. The pro bono requirement under this bill will ensure that new California attorneys receive a minimum amount of practical legal work experience and at the same time help provide indigent litigants with help they otherwise would not have received. The author writes: During their tenure at law school, students have a heavy course load and are most likely involved in extracurricular activities. However, most law students do not get hands on experience in the area they are pursuing, nor do they get to compare the different types of work they may be involved in post-graduation. Although there are already various requirements that must be met in order to sit for the bar exam, the new pro bono requirement will expose candidates to real world experience, and explore different segments of the legal field, while volunteering in different communities. This is crucial to the development of our work force and the future of the advancement of diversity in the legal field. On October 12, 2013, the State Bar's Board of Trustees adopted the Phase I Final Report of the Task Force on Admissions Regulations Reform (TFARR). One of the three proposed competency training proposals was a 50-hour pro bono component. Related/Prior Legislation SB 1281 (Block) requires law schools not accredited by the American Bar Association to post information on their internet Web sites, including bar passage data, tuition, fees, financial aid, admissions data, employment outcomes for graduates, conditional scholarships, enrollment data, faculty information, average class size for require courses, and the number of clinical offerings. The bill is currently on the Senate Floor. SB 686 (Corbett, Chapter 474, Statutes of 2007) provided that every lawyer authorized and privileged to practice law in California is expected to make a contribution to provide SB 1257 Page 6 voluntary pro bono legal services to those who cannot afford the help of a lawyer. AB 590 (Feuer, Chapter 457, Statutes of 2009) enacted the Sargent Shriver Civil Counsel Act and expressed the intent of the Legislature to encourage the legal profession to make further efforts to meet its professional responsibilities and other obligations by providing pro bono legal services and financial support of nonprofit legal organizations that provide free legal services to underserved communities. FISCAL EFFECT: Appropriation: No Fiscal Com.:NoLocal: No SUPPORT: (Verified5/3/16) None received OPPOSITION: (Verified5/3/16) None received Prepared by:Margie Estrada / JUD. / (916) 651-4113 5/4/16 14:57:55 **** END ****