BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 590|
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THIRD READING
Bill No: AB 590
Author: Feuer (D)
Amended: 6/30/09 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 3-2, 7/14/09
AYES: Corbett, Florez, Leno
NOES: Harman, Walters
ASSEMBLY FLOOR : 50-29, 6/1/09 - See last page for vote
SUBJECT : Legal aid: pro bono
SOURCE : Author
DIGEST : This bill prohibits the use of the term legal
aid by an entity unless the entity is a nonprofit
organization that provides civil legal services to the poor
without charge. This bill also prohibits any person from
selling or charging a fee for legal forms used in court
proceedings that are created by a legal aid organization or
state agency and available to the public for free from that
entity.
The bill also states the intent of the Legislature to
encourage attorneys to make further efforts to meet their
professional responsibilities and other obligations by
providing pro bono legal services and financial support to
nonprofit legal organizations that provide free legal
services to underserved communities.
CONTINUED
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ANALYSIS : Existing law regulates immigration consultants
and prohibits them from literally translating, with the
intent to mislead, from English into another language, the
words or titles, including, but not limited to, "notary
public," "notary," "licensed," "attorney," "lawyer," or any
other terms that imply that the person is an attorney, in
any document, as specified. (Business and Professions Code
Section 22442.3.)
This bill makes it unlawful for any person or organization
to use the term "legal aid," "legal aide," or any
confusingly similar name in any firm name, trade name,
fictitious business name, or any other designation, or on
any advertisement, letterhead, business card, or sign,
unless the person or organization is a legal aid
organization subject to fair use principles for nominative,
descriptive, or noncommercial use.
This bill provides that it is unlawful for any person to
sell or charge a fee for legal forms or other documents
created by a legal aid organization, court, or state agency
for use in a court action or proceeding if the form or
document is available to the public for free from the
entity.
This bill provides that it is unlawful for any person to
assist or offer to assist in the provision of self-help
services for a fee if those services are provided without
charge by a court or legal aid organization.
This bill defines "legal aid organization" to mean a
nonprofit organization that provides civil legal services
for the poor without charge.
This bill provides that any consumer injured by a violation
of its provisions may file a complaint and seek injunctive
relief, restitution, and damages in the superior court of
any county in which the defendant maintains an office,
advertises, or is listed in a telephone directory.
This bill provides that any person who violates its
provisions relating to legal aid organizations would be
subject to an injunction against further violations by a
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legal aid organization with an office in any county in
which the defendant maintains an office, advertises, or is
listed in the telephone directory. This bill provides
that, in such an action, it would not be necessary to
allege or prove actual damage to the plaintiff.
Irreparable harm and interim harm to the plaintiff would be
presumed.
This bill provides that reasonable attorney's fees be
awarded to a prevailing plaintiff in any action brought
under the bill's provisions.
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 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. (Business and
Professions Code Section 6073.)
Existing law provides that a contract with the state for
legal services that exceeds $50,000 shall include a
certification by the contracting law firm that the firm
agrees to make a good faith effort to provide, during the
duration of the contract, a minimum number of hours of pro
bono legal services during each year of the contract and
that failure to make a good faith effort may be cause for
nonrenewal of a state contract for legal services, and may
be taken into account when determining the award of future
contracts with the state for legal services. Existing law
also provides that in awarding a contract with the state
for legal aid services that exceeds $50,000, the awarding
department shall consider the efforts of a potential
contracting law firm to provide, during the 12-month period
prior to award of the contract, the minimum number of hours
of pro bono legal services. (Business and Professions Code
Section 6072.)
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This bill states that is 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.: No
Local: No
SUPPORT : (Verified 7/16/09)
AIDS Legal Referral panel
Bet Tzedek Legal Services
California Advocates for Nursing Home Reform
California Alliance for Retired Americans
California Commission on Access to Justice
California Indian Legal Services
California Rural Legal Assistance Foundation
Center for California Homeowner Association Law
Central California Legal Services, Inc.
City of Santa Monica
Congress of California Seniors
Consumer Attorneys of California
Disability Rights Education and Defense Fund
Inner city Law Center
Legal Aid Association of California
Legal Aid Society of San Diego
Legal Services of Northern California
Legal Services for Prisoners with Children
Los Angeles Center for Law and Justice
Neighborhood Legal Service of Los Angeles County
Public Advocates
Public Counsel
Public Interest Clearinghouse
State Bar of California
Watsonville Law Center
Western Center on Law and Poverty
ARGUMENTS IN SUPPORT : The author's office explains that
this bill is intended to carry our recommendations of the
California Commission on Access to Justice and also notes
that a "November 2005 information hearing jointly sponsored
by the Assembly Judiciary Committee and the Judicial
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Council touched on the issues of legal aid fraud and the
need for additional pro bono contributions to meet the
large and growing 'justice gap'."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Arambula, Beall, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Coto, Davis, De La Torre, De Leon, Eng, Evans,
Feuer, Fong, Fuentes, Furutani, Galgiani, Hall, Hayashi,
Hernandez, Hill, Huffman, Jones, Krekorian, Lieu, Bonnie
Lowenthal, Ma, Mendoza, Monning, Nava, John A. Perez, V.
Manuel Perez, Portantino, Price, Ruskin, Salas, Saldana,
Skinner, Solorio, Swanson, Torlakson, Torres, Torrico,
Yamada, Bass
NOES: Anderson, Bill Berryhill, Tom Berryhill, Blakeslee,
Conway, Cook, DeVore, Duvall, Emmerson, Fletcher, Fuller,
Gaines, Garrick, Gilmore, Hagman, Harkey, Huber,
Jeffries, Knight, Logue, Miller, Nestande, Niello,
Nielsen, Silva, Smyth, Audra Strickland, Tran, Villines
NO VOTE RECORDED: Block
RJG:cm 7/16/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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