BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1257|
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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
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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
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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
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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
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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
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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
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