BILL ANALYSIS Ó
SB 1257
Page 1
SENATE THIRD READING
SB
1257 (Block)
As Amended June 30, 2016
Majority vote
SENATE VOTE: 26-9
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Judiciary |6-3 |Mark Stone, Alejo, |Wagner, Gallagher, |
| | |Chau, Chiu, Holden, |Maienschein |
| | |Ting | |
| | | | |
| | | | |
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SUMMARY: Requires any person who applies to become a licensed
California attorney to complete at least 50 hours of pro bono
service prior to filing an application for admission with the
State Bar of California. Specifically, this bill:
1)Requires an applicant for admission and a license to practice
law to complete at least 50 hours of pro bono legal service
after the commencement of the applicant's legal studies and
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prior to admission to practice law.
2)Allows the pro bono legal service, or any portion thereof, to
be completed in any state or territory of the United States,
the District of Columbia, or any foreign country, and
requires, in both cases, the service to be under the
supervision of one of the following:
a) A member of a law school faculty, including adjunct
faculty, or an instructor employed by a law school.
b) 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.
c) An active licensed attorney in good standing.
1)Defines "pro bono legal service" as 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) below,
that is for one of the following purposes:
a) To secure or promote access to justice, including, but
not limited to, the protection of civil rights, civil
liberties, or public rights.
b) To address the economic, health, and social needs of
persons who are indigent or of modest means.
c) To further the purpose of a charitable, civic,
community, governmental, or educational organization where
payment of the market rate for legal fees would
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significantly deplete the organization's resources or would
otherwise be inappropriate.
1)Requires pro bono legal service to be performed with or for
any of the following:
a) A legal aid organization, qualified legal services
project, or a qualified support center.
b) A nonprofit organization.
c) A charitable, civic, community, governmental, or
educational organization.
d) 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.
e) 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.
f) 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.
g) An attorney incubator program or nonprofit law
corporation affiliated with a law school or bar association
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that provides legal services to the indigent or persons of
modest means without charge or for less than market rate.
1)Provides that the provisions of the bill do not prohibit 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.
2)Requires each law school to 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," information about the pro bono legal service
requirement, including the following:
a) A description of the requirements of this section.
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.
3)Requires the State Bar to 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:
a) A description of the pro bono legal service requirement.
b) A link to the information about pro bono legal service
opportunities for each law school in the state that
provides its link to that information to the State.
FISCAL EFFECT: None.
COMMENTS: This bill seeks to address the problem of access to
justice and legal services by requiring, as a prerequisite to
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licensure by the State Bar, law students to complete at least 50
hours of pro bono legal service after the commencement of the
applicant's legal studies, and prior to filing an application
for admission and a license to practice law. However, the type
of practical legal work that meets the definition of "pro bono
legal service" under the bill is not strictly limited to legal
work for the indigent. Work for a legal aid organization and
work for a "a charitable, civic, community, governmental, or
educational organization in matters designed primarily to
address the economic, health, and social needs of persons who
are indigent or of modest means," both of which are included in
the bill's definition of "pro bono legal service," seem to meet
the criteria (with the exception of allowing work that is not
primarily designed for those purposes). The bill also includes
the following within its definition of pro bono legal service:
work for a "nonprofit 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."
While this work would not exclusively benefit the indigent or
those of limited means, it arguable would benefit the public as
a whole.
Pending (and Apparently Stalled) Efforts by the California State
Bar to Adopt Similar Rules. More than four years ago, in
February, 2012, the Board of Trustees of the State Bar approved
the appointment of the Task Force on Admissions Regulation
Reform (Task Force) to examine whether the State Bar should
develop a regulatory requirement for a pre-admission competency
training program and if so, propose such a program to the
Supreme Court. The Task Force held eight public hearings in the
State Bar's Los Angeles and San Francisco offices where it heard
testimony from practitioners, legal academics, judges, clients,
other state bar associations and members of the public. The
Task Force also considered an extensive body of research and
literature on the topic of law practice competency skills
training for new lawyers.
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On June 11, 2013 the Task Force received and referred the Phase
I Final Report with three competency training recommendations,
including a requirement for 50 hours of pro bono legal service
prior to admission, to the Board Committee on Regulation,
Admissions and Discipline Oversight with a recommendation to
send the final report out for public comment. In July of 2013,
the committee authorized 45 days of public comment, during which
it received 30 public comments. In October of 2013, the Board
of Trustees adopted the recommendation and authorized the
creation of a special committee to devise an implementation plan
for the proposals. However, the 50 hour pro bono requirement
has yet to be implemented by the State Bar.
The Bill Does Not Exempt Low-Income Law Students from the Pro
Bono Legal Service Requirement, but Provides Opportunities to
Complete the Requirement That Allow Low-Income Students to be
Paid and Gain Work Experience. For some students, especially
those who need paying jobs in order to attend law school, the
requirement to work 50 hours "without compensation" could
constitute a financial hardship. As originally in print, this
was a significant issue. However, as amended on June 23rd, the
bill now provides not only a large number of options for
students to fulfill the pro bono legal service requirement
(including during the course of regular coursework), but it also
allows students to be paid for their service, as long as they
are not paid by the clients who receive the benefit of their
legal service. So if a student had a paid job at a law firm,
the student could fulfill the 50 hour pro bono legal service
requirement by working for indigent or modest means clients who
obtain free or reduced fee legal services from the law firm.
Because of these recent amendments, the pro bono legal service
requirement should be relatively easy for all students to
complete and no exemption from the requirement is necessary.
Furthermore, the pro bono legal service can provide valuable
experience and training for law students that also makes
students more employable upon graduation. All students,
regardless of income, should be able to take advantage of this
same valuable opportunity.
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Analysis Prepared by: Alison Merrilees /
JUD. / (916) 319-2334 FN: 0003579