BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       SB 1257|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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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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