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: 9/4/09 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 3-2, 7/14/09
AYES: Corbett, Florez, Leno
NOES: Harman, Walters
SENATE APPROPRIATIONS COMMITTEE : 8-5, 8/27/09
AYES: Kehoe, Corbett, Hancock, Leno, Oropeza, Price, Wolk,
Yee
NOES: Cox, Denham, Runner, Walters, Wyland
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.
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
CONTINUED
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services to underserved communities.
Senate Floor Amendments of 9/4/09 delete several legal aid
provisions, add a sunset date, and make revisions to
distribution of funds under the pilot program.
Senate Floor Amendments of 8/20/09 add a pilot program by
the Judicial Council (Council) for the appointment of legal
representation for unrepresented low-income parties in
civil matters involving critical issues affecting basic
human needs, as specified. The pilot program commences
July 1, 2011 and will be subject to funding specifically
provided for this purpose. The amendments require the
Council to develop the pilot program in selected courts
pursuant to a competitive grant process and a request for
proposals, as specified. The amendments require that the
Council study the effectiveness and continued need for the
pilot program and submit its findings and recommendations
to the Governor and the Legislature on or before March 1,
2015, and every three years thereafter.
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 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
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of these 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
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
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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.)
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.
This bill enacts the Sargent Shriver Civil Counsel Act.
The bill:
1.Commencing July 1, 2011, and subject to funding
specifically provided for this purpose, requires the
Council to develop one or more model pilot projects in
selected courts for three-year periods pursuant to a
competitive grant process and a request for proposals.
2.Provides that legal counsel shall be appointed to
represent low-income parties in civil matters involving
critical issues affecting basic human needs in those
courts selected by the Council, as specified.
3.Provides that each project shall be a partnership between
the court, a qualified legal services project that shall
serve as the lead agency for case assessment and
direction, and other legal services providers in the
community who are able to provide the services for the
project.
4.Requires the lead legal services agency, to the extent
practical, to identify and make use of pro bono services
in order to maximize available services efficiently and
economically.
5.Provides that the court partner is responsible for
providing procedures, personnel, training, and case
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management and administration practices that reflect best
practices, as specified.
6.Requires a local advisory committee to be formed to
facilitate the administration of the local project and to
ensure that the project is fulfilling its objectives.
7.Requires the Council to conduct a study to demonstrate
the effectiveness and continued need for the pilot
program, and to reports its findings and recommendations
to the Governor and the Legislature on or before January
31, 2016.
Existing law sets the fees at $25 or $30 for various court
services, including, but not limited to, issuing a writ for
the enforcement of an order or judgment, issuing an
abstract of judgment, recording or registering any license
or certificate, issuing an order of sale, and filing and
entering an award under the Workers' Compensation Law.
This bill provides, from July 1, 2011, to June 30, 2017,
inclusive, that $10 of each fee collected pursuant to these
provisions shall be used by the Judicial Council for the
expenses of the Judicial Council in implementing and
administering the civil representation pilot program
described above. Commencing July 1, 2017, the bill reduces
each of those fees by $10.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 9/8/09)
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
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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
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
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RJG:cm 9/8/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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