SB 316: Attorneys: pro bono legal aid services.

The State Bar Act provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation governed by a board of trustees. The act 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 and further provides that every lawyer authorized and privileged to practice law in California is expected to make a contribution, whether by directly providing pro bono legal services or, if that is not feasible, by providing financial support to organizations providing free legal services to persons of limited means, as specified.

The State Bar Act also, with specified exceptions, requires a law firm that contracts with the state for legal services exceeding $50,000 to certify that it agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services, as defined, during each year of the contract. The act provides that failure of a firm to make a good faith effort to provide those hours may be cause for nonrenewal of a state contract and may be taken into account when determining the award of future contracts with the state.

This bill, with respect to the expectation of every lawyer authorized and privileged to practice law in California to make a contribution as specified, contribution, instead would provide that those lawyers are strongly encouraged to fulfill their individual pro bono ethical commitments to make a contribution of both 50 hours of pro bono legal services, as defined, aid services and financial contributions to legal aid organizations, as defined. defined, based on their individual annual incomes. The bill would require a an active member of the State Bar to report the hours of pro bono legal aid services performed and the amount of money contributed financial contributions to California legal aid organizations and nonprofit public benefit corporations on an annual basis through the members My State Bar online profile when the State Bar statement payment of annual fees is due and due. The bill would require the design of a members State Bar online profile to allow the member to report this and other related information and choose whether to keep the reported information private or available to the public, as specified. Under the bill, failure of a member to contribute and report as make the encouraged contributions or required reports would not be grounds for disciplinary or administrative recourse. The bill would require the State Bar to retain and maintain reported information during the time the members status is active and would further require up to the previous 5 years of active status of the information to be made publicly available on the members State Bar online profile pursuant to the voluntary public disclosure of that information by the member. The bill would provide for the confidentiality of, and prohibit disclosure of, reported information not made publicly available.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.