SB 316: Attorneys: pro bono legal aid services.
- Session Year: 2017-2018
- House: Senate
- Latest Version Date: 2017-07-13
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 would revise references to pro bono legal services in those provisions to instead refer to pro bono legal aid services and would define pro bono legal aid services for those purposes.
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.
The bill would define pro bono legal services for purposes of a members ethical commitment and reporting and for purposes of the certification requirement for state contracts for legal services.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.
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, 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, and financial contributions to legal aid organizations, as defined. The bill would set forth aspirational goals for these contributions. The bill would require a member of the State Bar to report the hours of pro bono legal services performed and the amount of money contributed to legal aid organizations and nonprofit public benefit corporations and other specified organizations on an annual basis when the State Bar statement is due and would require the design of a members State Bar online profile to allow the member to report this and other related information and indicate whether the member prefers choose whether to keep the reported pro bono information private or available to the public, as specified. The bill would exempt certain members from the contributions and reporting requirements but an exempted member would be authorized to publicly disclose otherwise reportable information relating to contributions. Under the bill, failure of a member to contribute and report as required 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.
The bill would define pro bono legal services for purposes of a members ethical commitment and reporting and for purposes of the certification requirement for state contracts for legal services.
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.
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, 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, and financial contributions to legal aid organizations, as defined. The bill would set forth aspirational goals for these contributions and would provide that failure to fulfill those goals is not intended to be grounds for disciplinary recourse. contributions. The bill would require a member of the State Bar, with certain exceptions, Bar to report the hours of pro bono legal services performed and the amount of money contributed to legal aid organizations and nonprofit public benefit corporations and other specified organizations on an annual basis when the State Bar statement is due and would require the design of a members State Bar online profile to allow the member to report this and other related information and indicate whether the member prefers to keep the reported pro bono information private or available to the public, as specified. The bill would exempt certain members from the contributions and reporting requirements but an exempted member would be authorized to publicly disclose otherwise reportable information relating to contributions. Under the bill, failure of a member to contribute and report as required would not be grounds for disciplinary recourse. The bill would require the State Bar to retain and maintain this 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.
The bill would define pro bono legal services for purposes of a members ethical commitment and reporting and for purposes of the certification requirement for state contracts for legal services.
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.
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 act
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 would instead provide that bill, with respect to the expectation of every lawyer authorized and privileged to practice law in California is to make a contribution as specified, 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 services, as defined, and financial contributions to legal aid organizations, as defined. The bill would set forth aspirational goals for these contributions and would provide that failure to fulfill those goals is not intended to be grounds for disciplinary recourse. The bill would require the State Bar to require a member of the State Bar, with certain exceptions, to report the hours of pro bono legal services performed and the amount of money contributed to legal aid organizations and nonprofit public benefit corporations and other specified organizations on an annual basis when the State Bar statement is due. due and would require the design of a members State Bar online profile to allow the member to report this and other related information and indicate whether the member prefers to keep the reported pro bono information private or available to the public, as specified. The bill would require the State Bar to retain and maintain this 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. The 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.
The bill would define pro bono legal services for both these purposes of a members ethical commitment and reporting and the for purposes of the certification requirement for state contracts for legal services described above. services.
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.
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 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 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. Under existing law, if a firm fails to provide those hours, the awarding department is required to consider specified factors in determining whether the firm made a good faith effort.
This bill, in order to assist the awarding department in determining whether the firm provided or made a good faith effort to provide those hours, would require the firm to provide information regarding the specified factors to the State Bar of California on a form to be provided by the State Bar.This bill would instead provide that every lawyer authorized and privileged to practice law in California is strongly encouraged to make a contribution of both pro bono legal services and financial contributions to legal aid organizations, as defined. The bill would set forth aspirational goals for these contributions and would provide that failure to fulfill those goals is not intended to be grounds for disciplinary recourse. The bill would require the State Bar to require a member of the State Bar, with certain exceptions, to report the hours of pro bono legal services performed and the amount of money contributed to legal aid organizations on an annual basis when the State Bar statement is due. The bill would require the State Bar to retain and maintain this information during the time the members status is active and would further require the information to be made publicly available on the members State Bar online profile. The bill would define pro bono legal services for both these purposes and the purposes of the certification requirement for state contracts for legal services described above.
The State Bar Act 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 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. Under existing law, if a firm fails to provide those hours, the awarding department is required to consider specified factors in determining whether the firm made a good faith effort.
This bill, in order to assist the awarding department in determining whether the firm provided or made a good faith effort to provide those hours, would require the firm to provide information regarding the specified factors to the State Bar of California on a form to be provided by the State Bar.
(a)A contract with the state for legal services that exceeds fifty thousand dollars ($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 aid services, or an equivalent amount of financial contributions to qualified legal services projects and support centers, as defined in Section 6213, during each year of the contract equal to the lesser of either (1) 30 multiplied by the number of full-time attorneys in the firms offices in the state, with the number of hours prorated on an actual day basis for any contract period of less than a full year or (2) 10 percent of its contract with the state. Ten percent of the contract shall mean the number of hours equal to 10 percent of the contract amount divided by the average billing rate of the firm.
(b)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. If a firm fails to provide the hours of pro bono legal aid services set forth in its certification, the following factors shall be considered in determining whether the firm made a good faith effort:
(1)The actual number of hours of pro bono legal aid services or the amount of financial contributions provided by the firm during the term of the contract.
(2)The firms efforts to obtain pro bono legal aid work from legal services programs, pro bono programs, and other relevant communities or groups.
(3)The firms history of providing pro bono legal aid services or financial contributions, or other activities of the firm that evidence a good faith effort to provide pro bono legal aid services or financial contributions, such as the adoption of a pro bono policy or the creation of a pro bono committee.
(4)The types of pro bono legal aid services provided, including the quantity and complexity of cases as well as the nature of the relief sought.
(5)The extent to which the failure to provide the hours of pro bono legal aid services or financial contributions set forth in the certification is the result of extenuating circumstances unforeseen at the time of the certification.
(c)In awarding a contract with the state for legal services that exceeds fifty thousand dollars ($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 aid services described in subdivision (a). Other things being equal, the awarding department shall award a contract for legal services to firms that have provided, during the 12-month period prior to award of the contract, the minimum number of hours of pro bono legal aid services described in subdivision (a).
(d)As used in this section, pro bono legal aid services has the meaning provided in Section 6073.1.
(e)Nothing in this section shall subject a contracting law firm that fails to provide the minimum number of hours of pro bono legal aid services described in subdivision (a) to civil or criminal liability, nor shall that failure be grounds for invalidating an existing contract for legal services.
(f)This article shall not apply to state contracts with, or appointments made by the judiciary of, an attorney, law firm, or organization for the purposes of providing legal representation to low- or middle-income persons, in either civil, criminal, or administrative matters.
(g)This article shall not apply to contracts entered into between the state and an attorney or law firm if the legal services contracted for are to be performed outside the State of California.
SEC. 2.Section 6073 of the Business and Professions Code is amended to read:6073.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 aid services to those who cannot afford the help of a lawyer. Every lawyer authorized and privileged to practice law in California is strongly encouraged to fulfill his or her individual pro bono ethical commitment to make a contribution of both 50 hours of pro bono legal aid services and financial contributions to legal aid organizations. organizations, based on an individual lawyers annual income. Lawyers also make invaluable contributions through their other voluntary legal public service activities that increase access to justice or improve the law and the legal system. In view of their expertise in areas that critically affect the lives and well-being of members of the public, lawyers are uniquely situated to provide invaluable assistance in order to benefit those who might otherwise be unable to assert or protect their interests, and to support those legal organizations that advance these goals.
SEC. 3.Section 6073.1 is added to the Business and Professions Code, to read:6073.1.For purposes of this article, the following definitions apply:
(a)Legal aid organization has the meaning provided in Section 6159.51.
(b)Person of limited means means an individual qualified as low-income, very low-income, or extremely low-income under the current Department of Housing and Community Development Official State Income Limits as set forth on the State of Californias Internet Web site.
(c)(1)Pro bono legal aid services means providing or enabling the direct delivery of legal services without expectation of compensation from the client other than reimbursement of expenses to:
(A)An indigent person, as defined in paragraph (1) of subdivision (f) of Section 8030.4.
(B)A California legal aid organization, nonprofit public benefit corporation, as authorized by Section 13406 of the Corporations Code, or other charitable, religious, civic, community, governmental, and educational organization in matters that are designed primarily to address the needs of persons of limited means.
(2)Pro bono legal aid services does not include legal services written off as bad debts.
(d)Other voluntary legal public service activities means the following:
(1)Legal services provided to an organization, in matters in furtherance of its organizational purposes, where payment of market rate for legal fees would significantly deplete the organizations resources or would otherwise be inappropriate.
(2)Legal services provided in the State of California at no fee or reduced fee to an individual, group, or organization that seeks to improve the administration of justice to persons of limited means, including, but not limited to, one of the following purposes:
(A)Strengthening respect for the rule of law.
(B)Simplifying the legal process.
(C)Increasing the availability and quality of legal services to poor indigent persons.
(D)Increasing participation by poor indigent persons in legal activities that improve the law, the legal system, or the legal profession.
(e)Reduced fee legal services means providing or enabling direct delivery of legal services at a substantially reduced rate affordable to persons of limited means to:
(1)A person of limited means.
(2)A person or organization identified in subparagraph (A) or (B) of paragraph (1) of subdivision (c).
SEC. 4.Section 6073.2 is added to the Business and Professions Code, to read:6073.2.(a)Pursuant to Section 6073, every lawyer should aspire to fulfill his or her individual commitment to provide pro bono legal aid services each year and contribute financially to California legal aid organizations.
(b)A member of the State Bar shall report the hours of pro bono legal services and the amount of money contributed to California legal aid organizations and nonprofit public benefit corporations, as authorized by Section 13406 of the Corporations Code, on an annual basis when the State Bar statement is due.(c)A(b)An active member shall self-report report fulfilling his or her individual commitment of providing pro bono legal aid services and the amount of financial contributions to California legal aid organizations and nonprofit public benefit corporations, as authorized by Section 13406 of the Corporations Code, through the members My State Bar online profile on the State Bars Internet Web site through a provided section where those hours and financial contributions shall be declared. declared when payment of annual fees is due. The design of a members State Bar online profile shall allow the member to report:
(1)Amount of pro bono legal aid services hours performed. performed during the calendar year preceding the date the annual report is due. For a members reported information under this paragraph, the member may choose to make the members reported information publicly available on the members State Bar online profile, pursuant to voluntary public disclosure, or keep the reported information private.
(2)Amount of financial contributions to California legal aid organizations, nonprofit public benefit corporations, as authorized by Section 13406 of the Corporations Code, or both. both during the calendar year preceding the date the annual report is due. For a members reported information under this paragraph, the member may choose to make the members reported information publicly available on the members State Bar online profile, pursuant to voluntary public disclosure, or keep the reported information private.
(3)Hours of other legal services, public service activities, including reduced fee legal services, performed for a low-income individual, nonprofit organization, or public law library established under Section 6360. 6360 during the calendar year preceding the date the annual report is due. For a members reported information under this paragraph, the member may choose to make the members reported information publicly available on the members State Bar online profile, pursuant to voluntary public disclosure, or keep the reported information private.
(4)The following categories of employment status, which shall be provided for a member to select on the members State Bar online profile: a member may choose to make publicly available on the members State Bar online profile, pursuant to voluntary public disclosure, or keep private:
(A)If the member is employed by a government agency or is a full-time employee or an officer or elected official of the State of California pursuant to Section 6070. California.
(B)If the member is employed by an organization primarily engaged in the provision of pro bono legal aid services, including qualified legal services projects and qualified support centers, as defined in Section 6213, legal aid organizations, and nonprofit public benefit corporations, as authorized by Section 13406 of the Corporations Code.
(C)If the member is prohibited by the members current employer from performing pro bono legal aid services.
(d)(c)The State Bar shall retain and maintain the information reported pursuant to subdivision (b) for purposes of historical record on a members State Bar online profile during the time the members status is active. This information shall be made publicly available on the members State Bar online profile up to the previous five years of active status pursuant to voluntary public disclosure by the member.
(e)(d)Notwithstanding any other law, if the information reported pursuant to subdivision (b) is not made publicly available on the members State Bar online profile pursuant to voluntary disclosure by a member pursuant to the procedure described in subdivision (c), that subdivision, such information shall be confidential and shall not be disclosed pursuant to any state law, including, but not limited to, the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). This subdivision does not prohibit the disclosure of aggregate data that does not reveal personally identifying data.
(f)(e)Failure of a member of the State Bar to comply with any of the provisions of this section is not grounds for disciplinary or administrative recourse.
SEC. 5.The Legislature finds and declares that Section 4 of this act, which adds Section 6073.2 to the Business and Professions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect individual State Bar members who choose to maintain the privacy of information concerning the hours of pro bono legal aid services performed and the amount of money contributed to legal aid organizations on an annual basis by those individuals, it is necessary to provide those individuals with an option to exempt that information from the provisions of the California Public Records Act. This option and resulting limitation properly balances the rights of individuals against the ability of the public to access that information.
(a)A contract with the state for legal services that exceeds fifty thousand dollars ($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, or an equivalent amount of financial contributions to qualified legal services projects and support centers, as defined in Section 6213, during each year of the contract equal to the lesser of either (1) 30 multiplied by the number of full-time attorneys in the firms offices in the state, with the number of hours prorated on an actual day basis for any contract period of less than a full year or (2) 10 percent of its contract with the state. Ten percent of the contract shall mean the number of hours equal to 10 percent of the contract amount divided by the average billing rate of the firm.
(b)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. If a firm fails to provide the hours of pro bono legal services set forth in its certification, the following factors shall be considered in determining whether the firm made a good faith effort:
(1)The actual number of hours of pro bono legal services or the amount of financial contributions provided by the firm during the term of the contract.
(2)The firms efforts to obtain pro bono legal work from legal services programs, pro bono programs, and other relevant communities or groups.
(3)The firms history of providing pro bono legal services or financial contributions, or other activities of the firm that evidence a good faith effort to provide pro bono legal services or financial contributions, such as the adoption of a pro bono policy or the creation of a pro bono committee.
(4)The types of pro bono legal services provided, including the quantity and complexity of cases as well as the nature of the relief sought.
(5)The extent to which the failure to provide the hours of pro bono legal services or financial contributions set forth in the certification is the result of extenuating circumstances unforeseen at the time of the certification.
(c)In awarding a contract with the state for legal services that exceeds fifty thousand dollars ($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 described in subdivision (a). Other things being equal, the awarding department shall award a contract for legal services to firms that have provided, during the 12-month period prior to award of the contract, the minimum number of hours of pro bono legal services described in subdivision (a).
(d)As used in this section, pro bono legal services has the meaning provided in Section 6073.1.
(e)Nothing in this section shall subject a contracting law firm that fails to provide the minimum number of hours of pro bono legal services described in subdivision (a) to civil or criminal liability, nor shall that failure be grounds for invalidating an existing contract for legal services.
(f)This article shall not apply to state contracts with, or appointments made by the judiciary of, an attorney, law firm, or organization for the purposes of providing legal representation to low- or middle-income persons, in either civil, criminal, or administrative matters.
(g)This article shall not apply to contracts entered into between the state and an attorney or law firm if the legal services contracted for are to be performed outside the State of California.
SEC. 2.Section 6073 of the Business and Professions Code is amended to read:6073.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. Every lawyer authorized and privileged to practice law in California is strongly encouraged to fulfill his or her individual pro bono ethical commitment to make a contribution of both 50 hours of pro bono legal services and financial contributions to legal aid organizations. Lawyers also make invaluable contributions through their other voluntary public service activities that increase access to justice or improve the law and the legal system. In view of their expertise in areas that critically affect the lives and well-being of members of the public, lawyers are uniquely situated to provide invaluable assistance in order to benefit those who might otherwise be unable to assert or protect their interests, and to support those legal organizations that advance these goals.
SEC. 3.Section 6073.1 is added to the Business and Professions Code, to read:6073.1.For purposes of this article, the following definitions apply:
(a)Legal aid organization has the meaning provided in Section 6159.51.
(b)Person of limited means means an individual qualified as low-income, very low-income, or extremely low-income under the current Department of Housing and Community Development Official State Income Limits as set forth on the State of Californias Internet Web site.
(c)(1)Pro bono legal services means providing legal services without expectation of compensation from the client other than reimbursement of expenses to:
(A)An indigent person, as defined in paragraph (1) of subdivision (f) of Section 8030.4.
(B)A legal aid organization, nonprofit public benefit corporation, as authorized by Section 13406 of the Corporations Code, or other charitable, religious, civic, community, governmental, and educational organization in matters that are designed primarily to address the needs of persons of limited means.
(2)Pro bono legal services does not include legal services written off as bad debts.
(d)Other voluntary public service activities means the following:
(1)Legal services provided to an organization, in matters in furtherance of its organizational purposes, where payment of market rate for legal fees would significantly deplete the organizations resources or would otherwise be inappropriate.
(2)Legal services provided in the State of California at no fee or reduced fee to an individual, group, or organization that seeks to improve the administration of justice to persons of limited means, including, but not limited to, one of the following purposes:
(A)Strengthening respect for the rule of law.
(B)Simplifying the legal process.
(C)Increasing the availability and quality of legal services to poor persons.
(D)Increasing participation by poor persons in legal activities that improve the law, the legal system, or the legal profession.
(e)Reduced fee legal services means providing or enabling direct delivery of legal services at a substantially reduced rate affordable to persons of limited means to:
(1)A person of limited means.
(2)A person or organization identified in subparagraph (A) or (B) of paragraph (1) of subdivision (c).
SEC. 4.Section 6073.2 is added to the Business and Professions Code, to read:6073.2.(a)Every Pursuant to Section 6073, every lawyer should aspire to fulfill his or her individual commitment to provide at least 50 hours of pro bono legal services each year and contribute financially to California legal aid organizations. A lawyer should aspire to annually contribute financially to legal aid organizations a total amount equivalent to, or greater than, the following:
(1)The amount typically billed by the lawyer, or by the firm with which the lawyer is associated, for one hour of time.(2)If the lawyer performs his or her work on a contingency basis, the amount typically billed by lawyers in the community for one hour of time.(3)The amount typically paid by the organization employing the lawyer for one hour of the lawyers time.(4)If the lawyer is underemployed, an amount not to exceed one-tenth of one percent of the lawyers annual income.(b)A member of the State Bar shall report the hours of pro bono legal services and the amount of money contributed to California legal aid organizations and nonprofit public benefit corporations, as authorized by Section 13406 of the Corporations Code, on an annual basis when the State Bar statement is due. If the members employer prohibits the member from performing pro bono legal services, the member may so report when the member reports the hours of pro bono legal services performed.
(c)A member of the State Bar may also voluntarily report the hours of reduced fee legal services.(d)Each member shall self-report this information through the members State Bar online profile on the State Bars Internet Web site through a provided section where those hours and financial contributions shall be declared.(e)(c)A member shall self-report fulfilling his or her individual commitment through the members State Bar online profile on the State Bars Internet Web site through a provided section where those hours and financial contributions shall be declared. The design of a members State Bar online profile shall allow the member to report:
(1)Amount of pro bono legal services hours performed. For a members reported information under this paragraph, the member may choose to make the members reported information publicly available on the members State Bar online profile, pursuant to voluntary public disclosure, or keep the reported information private.
(2)Amount of money contributed financial contributions to a California legal aid organization. organizations, nonprofit public benefit corporations, as authorized by Section 13406 of the Corporations Code, or both. For a members reported information under this paragraph, the member may choose to make the members reported information publicly available on the members State Bar online profile, pursuant to voluntary public disclosure, or keep the reported information private.
(3)Hours of other legal services, including reduced fee legal services, performed for a low-income individual or individual, nonprofit organization. organization, or public law library established under Section 6360. For a members reported information under this paragraph, the member may choose to make the members reported information publicly available on the members State Bar online profile, pursuant to voluntary public disclosure, or keep the reported information private.
(4)If the members current employer prohibits the member from performing pro bono legal services.(4)The following categories of employment status, which shall be provided for a member to select on the members State Bar online profile:
(5)(A)If the member is employed by a government agency or is an officer or elected official of the State of California. California pursuant to Section 6070.
(6)(B)If the member is employed by an organization primarily engaged in the provision of pro bono legal services. services, including qualified legal services projects and qualified support centers, as defined in Section 6213, legal aid organizations, and nonprofit public benefit corporations, as authorized by Section 13406 of the Corporations Code.
(7)Whether the member prefers to keep the reported pro bono information private or available to the public.(C)If the member is prohibited by the members current employer from performing pro bono legal services.
(f)(d)The State Bar shall retain and maintain the information reported pursuant to subdivision (b) for purposes of historical record on a members State Bar online profile during the time the members status is active. This information shall be made publicly available on the members State Bar online profile up to the previous five years of active status pursuant to voluntary public disclosure by the member.
(g)Subdivisions (a), (b), (c), and (d) and Section 6073 do not apply to a member of the State Bar who is exempt from mandatory continuing legal education requirements pursuant to Section 6070 or who is employed by an organization primarily engaged in the provision of pro bono legal services, including qualified legal services projects and qualified support centers, as defined in Section 6213, legal aid organizations, and nonprofit public benefit corporations, as authorized by Section 13406 of the Corporations Code.(h)A member of the State Bar exempt under subdivision (g) or whose current employer prohibits the member from performing pro bono legal services, may nevertheless publicly disclose the amount of money contributed to a California legal aid organization pursuant to this section. A member of the State Bar exempt under subdivision (g) may nevertheless publicly disclose any of the information in paragraphs (1) to (7), inclusive, of subdivision (e). This information shall be made publicly available on the members State Bar online profile, pursuant to voluntary public disclosure by the member.(i)(e)Notwithstanding any other law, if the information reported pursuant to subdivision (b) is not made publicly available on the members State Bar online profile pursuant to voluntary disclosure by a member pursuant to the procedure described in subdivision (e), (c), such information shall be confidential and shall not be disclosed pursuant to any state law, including, but not limited to, the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). This subdivision does not prohibit the disclosure of aggregate data that does not reveal personally identifying data.
(j)(f)Failure of a member of the State Bar to comply with any of the provisions of Sections 6073 and 6073.1 and this section is not grounds for disciplinary or administrative recourse.
SEC. 5.The Legislature finds and declares that Section 4 of this act, which adds Section 6073.2 to the Business and Professions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect individual State Bar members who choose to maintain the privacy of information concerning the hours of pro bono legal services performed and the amount of money contributed to legal aid organizations on an annual basis by those individuals, it is necessary to provide those individuals with an option to exempt that information from the provisions of the California Public Records Act. This option and resulting limitation properly balances the rights of individuals against the ability of the public to access that information.
(a)A contract with the state for legal services that exceeds fifty thousand dollars ($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, or an equivalent amount of financial contributions to qualified legal services projects and support centers, as defined in Section 6213, during each year of the contract equal to the lesser of either (1) 30 multiplied by the number of full-time attorneys in the firms offices in the state, with the number of hours prorated on an actual day basis for any contract period of less than a full year or (2) 10 percent of its contract with the state. Ten percent of the contract shall mean the number of hours equal to 10 percent of the contract amount divided by the average billing rate of the firm.
(b)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. If a firm fails to provide the hours of pro bono legal services set forth in its certification, the following factors shall be considered in determining whether the firm made a good faith effort:
(1)The actual number of hours of pro bono legal services or the amount of financial contributions provided by the firm during the term of the contract.
(2)The firms efforts to obtain pro bono legal work from legal services programs, pro bono programs, and other relevant communities or groups.
(3)The firms history of providing pro bono legal services or financial contributions, or other activities of the firm that evidence a good faith effort to provide pro bono legal services or financial contributions, such as the adoption of a pro bono policy or the creation of a pro bono committee.
(4)The types of pro bono legal services provided, including the quantity and complexity of cases as well as the nature of the relief sought.
(5)The extent to which the failure to provide the hours of pro bono legal services or financial contributions set forth in the certification is the result of extenuating circumstances unforeseen at the time of the certification.
(c)In awarding a contract with the state for legal services that exceeds fifty thousand dollars ($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 described in subdivision (a). Other things being equal, the awarding department shall award a contract for legal services to firms that have provided, during the 12-month period prior to award of the contract, the minimum number of hours of pro bono legal services described in subdivision (a).
(d)As used in this section, pro bono legal services has the meaning provided in Section 6073.1.
(e)Nothing in this section shall subject a contracting law firm that fails to provide the minimum number of hours of pro bono legal services described in subdivision (a) to civil or criminal liability, nor shall that failure be grounds for invalidating an existing contract for legal services.
(f)This article shall not apply to state contracts with, or appointments made by the judiciary of, an attorney, law firm, or organization for the purposes of providing legal representation to low- or middle-income persons, in either civil, criminal, or administrative matters.
(g)This article shall not apply to contracts entered into between the state and an attorney or law firm if the legal services contracted for are to be performed outside the State of California.
SEC. 2.Section 6073 of the Business and Professions Code is amended to read:6073.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. Every lawyer authorized and privileged to practice law in California is strongly encouraged to fulfill his or her individual pro bono ethical commitment to make a contribution of both 50 hours of pro bono legal services and financial contributions to legal aid organizations. Lawyers also make invaluable contributions through their other voluntary public service activities that increase access to justice or improve the law and the legal system. In view of their expertise in areas that critically affect the lives and well-being of members of the public, lawyers are uniquely situated to provide invaluable assistance in order to benefit those who might otherwise be unable to assert or protect their interests, and to support those legal organizations that advance these goals.
SEC. 3.Section 6073.1 is added to the Business and Professions Code, to read:6073.1.For purposes of this article, the following definitions apply:
(a)Legal aid organization has the meaning provided in Section 6159.51.
(b)Person of limited means means an individual qualified as low-income, very low-income, or extremely low-income under the current Department of Housing and Community Development Official State Income Limits as set forth on the State of Californias Internet Web site.
(c)(1)Pro bono legal services means providing legal services without expectation of compensation from the client other than reimbursement of expenses to:
(A)An indigent person, as defined in paragraph (1) of subdivision (f) of Section 8030.4.
(B)A legal aid organization, nonprofit public benefit corporation, as authorized by Section 13406 of the Corporations Code, or other charitable, religious, civic, community, governmental, and educational organization in matters that are designed primarily to address the needs of persons of limited means.
(2)Pro bono legal services does not include legal services written off as bad debts.
(d)Other voluntary public service activities means the following:
(1)Legal services provided to an organization, in matters in furtherance of its organizational purposes, where payment of market rate for legal fees would significantly deplete the organizations resources or would otherwise be inappropriate.
(2)Legal services provided in the State of California at no fee or reduced fee to an individual, group, or organization that seeks to improve the administration of justice to persons of limited means, including, but not limited to, one of the following purposes:
(A)Strengthening respect for the rule of law.
(B)Simplifying the legal process.
(C)Increasing the availability and quality of legal services to poor persons.
(D)Increasing participation by poor persons in legal activities that improve the law, the legal system, or the legal profession.
(e)Reduced fee legal services means providing or enabling direct delivery of legal services at a substantially reduced rate affordable to persons of limited means to:
(1)A person of limited means.
(2)A person or organization identified in subparagraph (A) or (B) of paragraph (1) of subdivision (c).
SEC. 4.Section 6073.2 is added to the Business and Professions Code, to read:6073.2.(a)Every lawyer should aspire to provide at least 50 hours of pro bono legal services each year and contribute financially to legal aid organizations. A lawyer should aspire to annually contribute financially to legal aid organizations a total amount equivalent to, or greater than, the following:
(1)The amount typically billed by the lawyer, or by the firm with which the lawyer is associated, for one hour of time.
(2)If the lawyer performs his or her work on a contingency basis, the amount typically billed by lawyers in the community for one hour of time.
(3)The amount typically paid by the organization employing the lawyer for one hour of the lawyers time.
(4)If the lawyer is underemployed, an amount not to exceed one-tenth of one percent of the lawyers annual income.
(b)A member of the State Bar shall report the hours of pro bono legal services and the amount of money contributed to California legal aid organizations and nonprofit public benefit corporations, as authorized by Section 13406 of the Corporations Code, on an annual basis when the State Bar statement is due. If the members employer prohibits the member from performing pro bono legal services, the member may so report when the member reports the hours of pro bono legal services performed.
(c)A member of the State Bar may also voluntarily report the hours of reduced fee legal services.
(d)Each member shall self-report this information through the members State Bar online profile on the State Bars Internet Web site through a provided section where those hours and financial contributions shall be declared.
(e)The design of a members State Bar online profile shall allow the member to report:
(1)Amount of pro bono hours performed.
(2)Amount of money contributed to a California legal aid organization.
(3)Hours of other legal services, including reduced fee legal services, performed for a low-income individual or nonprofit organization.
(4)If the members current employer prohibits the member from performing pro bono legal services.
(5)If the member is employed by a government agency or is an officer or elected official of the State of California.
(6)If the member is employed by an organization primarily engaged in the provision of pro bono legal services.
(7)Whether the member prefers to keep the reported pro bono information private or available to the public.
(f)The State Bar shall retain and maintain the information reported pursuant to subdivision (b) for purposes of historical record on a members State Bar online profile during the time the members status is active. This information shall be made publicly available on the members State Bar online profile up to the previous five years of active status pursuant to voluntary public disclosure by the member.
(g)Subdivision (b) does Subdivisions (a), (b), (c), and (d) and Section 6073 do not apply to a member of the State Bar who is exempt from mandatory continuing legal education requirements pursuant to Section 6070 or who is employed by an organization primarily engaged in the provision of pro bono legal services, including qualified legal services projects and qualified support centers, as defined in Section 6213, legal aid organizations, and nonprofit public benefit corporations, as authorized by Section 13406 of the Corporations Code.
(h)A member of the State Bar exempt under subdivision (g) or whose current employer prohibits the member from performing pro bono legal services, may nevertheless publicly disclose the amount of money contributed to a California legal aid organization pursuant to this section. A member of the State Bar exempt under subdivision (g) may nevertheless publicly disclose any of the information in paragraphs (1) to (7), inclusive, of subdivision (e). This information shall be made publicly available on the members State Bar online profile, pursuant to voluntary public disclosure by the member.
(i)Notwithstanding any other law, if the information reported pursuant to subdivision (b) is not made publicly available on the members State Bar online profile pursuant to voluntary disclosure by a member pursuant to the procedure described in subdivision (e), such information shall be confidential and shall not be disclosed pursuant to any state law, including, but not limited to, the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). This subdivision does not prohibit the disclosure of aggregate data that does not reveal personally identifying data.
(j)Failure to fulfill the aspirational goals described in this section is not intended to be of a member of the State Bar to comply with any of the provisions of Sections 6073 and 6073.1 and this section is not grounds for disciplinary recourse.
SEC. 5.The Legislature finds and declares that Section 4 of this act, which adds Section 6073.2 to the Business and Professions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect individual State Bar members who choose to maintain the privacy of information concerning the hours of pro bono legal services performed and the amount of money contributed to legal aid organizations on an annual basis by those individuals, it is necessary to provide those individuals with an option to exempt that information from the provisions of the California Public Records Act. This option and resulting limitation properly balances the rights of individuals against the ability of the public to access that information.
(a)A contract with the state for legal services that exceeds fifty thousand dollars ($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, or an equivalent amount of financial contributions to qualified legal services projects and support centers, as defined in Section 6213, during each year of the contract equal to the lesser of either (1) 30 multiplied by the number of full-time attorneys in the firms offices in the state, with the number of hours prorated on an actual day basis for any contract period of less than a full year or (2) 10 percent of its contract with the state. Ten percent of the contract shall mean the number of hours equal to 10 percent of the contract amount divided by the average billing rate of the firm.
(b)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. If a firm fails to provide the hours of pro bono legal services set forth in its certification, the following factors shall be considered in determining whether the firm made a good faith effort:
(1)The actual number of hours of pro bono legal services or the amount of financial contributions provided by the firm during the term of the contract.
(2)The firms efforts to obtain pro bono legal work from legal services programs, pro bono programs, and other relevant communities or groups.
(3)The firms history of providing pro bono legal services or financial contributions, or other activities of the firm that evidence a good faith effort to provide pro bono legal services or financial contributions, such as the adoption of a pro bono policy or the creation of a pro bono committee.
(4)The types of pro bono legal services provided, including the quantity and complexity of cases as well as the nature of the relief sought.
(5)The extent to which the failure to provide the hours of pro bono legal services or financial contributions set forth in the certification is the result of extenuating circumstances unforeseen at the time of the certification.
(c)In awarding a contract with the state for legal services that exceeds fifty thousand dollars ($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 described in subdivision (a). Other things being equal, the awarding department shall award a contract for legal services to firms that have provided, during the 12-month period prior to award of the contract, the minimum number of hours of pro bono legal services described in subdivision (a).
(d)As used in this section, pro bono legal services has the meaning provided in Section 6073.1.
(e)Nothing in this section shall subject a contracting law firm that fails to provide the minimum number of hours of pro bono legal services described in subdivision (a) to civil or criminal liability, nor shall that failure be grounds for invalidating an existing contract for legal services.
(f)This article shall not apply to state contracts with, or appointments made by the judiciary of, an attorney, law firm, or organization for the purposes of providing legal representation to low- or middle-income persons, in either civil, criminal, or administrative matters.
(g)This article shall not apply to contracts entered into between the state and an attorney or law firm if the legal services contracted for are to be performed outside the State of California.
SEC. 2.Section 6073 of the Business and Professions Code is amended to read:6073.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. Every lawyer authorized and privileged to practice law in California is strongly encouraged to fulfill his or her individual pro bono ethical commitment to make a contribution of both 50 hours of pro bono legal services and financial contributions to legal aid organizations. Lawyers also make invaluable contributions through their other voluntary public service activities that increase access to justice or improve the law and the legal system. In view of their expertise in areas that critically affect the lives and well-being of members of the public, lawyers are uniquely situated to provide invaluable assistance in order to benefit those who might otherwise be unable to assert or protect their interests, and to support those legal organizations that advance these goals.
SEC. 3.Section 6073.1 is added to the Business and Professions Code, to read:6073.1.For purposes of this article, the following definitions apply:
(a)Legal aid organization has the meaning provided in Section 6159.51.
(b)Person of limited means means an individual qualified as low-income, very low-income, or extremely low-income under the current Department of Housing and Community Development Official State Income Limits as set forth on the State of Californias Internet Web site.
(b)(c)(1)Pro bono legal services means any of the following: providing legal services without expectation of compensation from the client other than reimbursement of expenses to:
(A)Legal services provided without fee, with reduced fee, or with no expectation of fee to either a person of limited means or an(A)An indigent person, as defined in paragraph (1) of subdivision (f) of Section 8030.4.
(B)Legal services provided at no fee or at substantially reduced fee to groups or organizations seeking to secure or protect civil rights, civil liberties, or public rights.(C)Professional services rendered in civil matters, and in those criminal matters for which the government is not obliged to provide funds for legal representation, to persons who are financially unable to compensate counsel.(D)Activities related to improving the administration of justice by simplifying the legal process for, or increasing the availability and quality of legal services to, poor persons.(E)Additional services provided through participation in activities for improving the law, the legal system, or the legal profession.(B)A legal aid organization, nonprofit public benefit corporation, as authorized by Section 13406 of the Corporations Code, or other charitable, religious, civic, community, governmental, and educational organization in matters that are designed primarily to address the needs of persons of limited means.
(2)Pro bono legal services does not include legal services written off as bad debts.
(d)Other voluntary public service activities means the following:
(1)Legal services provided to an organization, in matters in furtherance of its organizational purposes, where payment of market rate for legal fees would significantly deplete the organizations resources or would otherwise be inappropriate.
(2)Legal services provided in the State of California at no fee or reduced fee to an individual, group, or organization that seeks to improve the administration of justice to persons of limited means, including, but not limited to, one of the following purposes:
(A)Strengthening respect for the rule of law.
(B)Simplifying the legal process.
(C)Increasing the availability and quality of legal services to poor persons.
(D)Increasing participation by poor persons in legal activities that improve the law, the legal system, or the legal profession.
(e)Reduced fee legal services means providing or enabling direct delivery of legal services at a substantially reduced rate affordable to persons of limited means to:
(1)A person of limited means.
(2)A person or organization identified in subparagraph (A) or (B) of paragraph (1) of subdivision (c).
SEC. 4.Section 6073.2 is added to the Business and Professions Code, to read:6073.2.(a)Every lawyer should aspire to provide at least 50 hours of pro bono legal services each year and contribute financially to legal aid organizations. A lawyer who is in private practice or is employed by a for-profit entity should aspire to annually contribute financially to legal aid organizations a total amount at least equivalent to equivalent to, or greater than, the following:
(1)The amount typically billed by the lawyer, or by the firm with which the lawyer is associated, for one hour of time.
(2)If the lawyer performs his or her work on a contingency basis, the amount typically billed by lawyers in the community for one hour of time.
(3)The amount typically paid by the organization employing the lawyer for one hour of the lawyers time.
(4)If the lawyer is underemployed, an amount not to exceed one-tenth of one percent of the lawyers annual income.
(b)The State Bar shall require a A member of the State Bar to shall report the hours of pro bono legal services performed and the amount of money contributed to California legal aid organizations and nonprofit public benefit corporations, as authorized by Section 13406 of the Corporations Code, on an annual basis when the State Bar statement is due. Each If the members employer prohibits the member from performing pro bono legal services, the member may so report when the member reports the hours of pro bono legal services performed.
(c)A member of the State Bar may also voluntarily report the hours of reduced fee legal services.
(d)Each member shall self-report this information through the members State Bar online profile on the State Bars Internet Web site through a provided section where those hours and financial contributions may shall be declared.
(e)The design of a members State Bar online profile shall allow the member to report:
(1)Amount of pro bono hours performed.
(2)Amount of money contributed to a California legal aid organization.
(3)Hours of other legal services, including reduced fee legal services, performed for a low-income individual or nonprofit organization.
(4)If the members current employer prohibits the member from performing pro bono legal services.
(5)If the member is employed by a government agency or is an officer or elected official of the State of California.
(6)If the member is employed by an organization primarily engaged in the provision of pro bono legal services.
(7)Whether the member prefers to keep the reported pro bono information private or available to the public.
(c)(f)The State Bar shall retain and maintain the information reported pursuant to subdivision (b) for purposes of historical record on a members State Bar online profile during the time the members status is active. This information shall be made publicly available on the members State Bar online profile. profile up to the previous five years of active status pursuant to voluntary public disclosure by the member.
(d)(g)Subdivision (b) does not apply to a member of the State Bar who is exempt from mandatory continuing legal education requirements pursuant to Section 6070 or who is employed by an organization primarily engaged in the provision of pro bono legal services, including qualified legal services projects and qualified support centers, as defined in Section 6213. 6213, legal aid organizations, and nonprofit public benefit corporations, as authorized by Section 13406 of the Corporations Code.
(h)A member of the State Bar exempt under subdivision (g) or whose current employer prohibits the member from performing pro bono legal services, may nevertheless publicly disclose the amount of money contributed to a California legal aid organization pursuant to this section. This information shall be made publicly available on the members State Bar online profile, pursuant to voluntary public disclosure by the member.
(i)Notwithstanding any other law, if the information reported pursuant to subdivision (b) is not made publicly available on the members State Bar online profile pursuant to voluntary disclosure by a member pursuant to the procedure described in subdivision (e), such information shall be confidential and shall not be disclosed pursuant to any state law, including, but not limited to, the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). This subdivision does not prohibit the disclosure of aggregate data that does not reveal personally identifying data.
(e)(j)Failure to fulfill the aspirational goals described in this section is not intended to be grounds for disciplinary recourse.
SEC. 5.The Legislature finds and declares that Section 4 of this act, which adds Section 6073.2 to the Business and Professions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect individual State Bar members who choose to maintain the privacy of information concerning the hours of pro bono legal services performed and the amount of money contributed to legal aid organizations on an annual basis by those individuals, it is necessary to provide those individuals with an option to exempt that information from the provisions of the California Public Records Act. This option and resulting limitation properly balances the rights of individuals against the ability of the public to access that information.
(a)A contract with the state for legal services that exceeds fifty thousand dollars ($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, or an equivalent amount of financial contributions to qualified legal services projects and support centers, as defined in Section 6213, during each year of the contract equal to the lesser of either (1) 30 multiplied by the number of full-time attorneys in the firms offices in the state, with the number of hours prorated on an actual day basis for any contract period of less than a full year or (2) 10 percent of its contract with the state. Ten percent of the contract shall mean the number of hours equal to 10 percent of the contract amount divided by the average billing rate of the firm.
(b)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. If a firm fails to provide the hours of pro bono legal services set forth in its certification, the following factors shall be considered in determining whether the firm made a good faith effort:
(1)The actual number of hours of pro bono legal services or the amount of financial contributions provided by the firm during the term of the contract.
(2)The firms efforts to obtain pro bono legal work from legal services programs, pro bono programs, and other relevant communities or groups.
(3)The firms history of providing pro bono legal services or financial contributions, or other activities of the firm that evidence a good faith effort to provide pro bono legal services or financial contributions, such as the adoption of a pro bono policy or the creation of a pro bono committee.
(4)The types of pro bono legal services provided, including the quantity and complexity of cases as well as the nature of the relief sought.
(5)The extent to which the failure to provide the hours of pro bono legal services or financial contributions set forth in the certification is the result of extenuating circumstances unforeseen at the time of the certification.
(c)In awarding a contract with the state for legal services that exceeds fifty thousand dollars ($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 described in subdivision (a). Other things being equal, the awarding department shall award a contract for legal services to firms that have provided, during the 12-month period prior to award of the contract, the minimum number of hours of pro bono legal services described in subdivision (a).
(d)To assist the awarding department in evaluating whether the firm met its pro bono goals as set forth in the certification, as well as the factors to be considered in determining whether the firm made a good faith effort, the firm shall provide the necessary information to the State Bar on a form to be provided by the State Bar.(e)(d)As used in this section, pro bono legal services means the provision of legal services either: has the meaning provided in Section 6073.1.
(1)Without fee or expectation of fee to either:(A)Persons who are indigent or of limited means.(B)Charitable, religious, civic, community, governmental, and educational organizations in matters designed primarily to address the economic, health, and social needs of persons who are indigent or of limited means.(2)At no fee or substantially reduced fee to groups or organizations seeking to secure or protect civil rights, civil liberties, or public rights.(f)(e)Nothing in this section shall subject a contracting law firm that fails to provide the minimum number of hours of pro bono legal services described in subdivision (a) to civil or criminal liability, nor shall that failure be grounds for invalidating an existing contract for legal services.
(g)(f)This article shall not apply to state contracts with, or appointments made by the judiciary of, an attorney, law firm, or organization for the purposes of providing legal representation to low- or middle-income persons, in either civil, criminal, or administrative matters.
(h)(g)This article shall not apply to contracts entered into between the state and an attorney or law firm if the legal services contracted for are to be performed outside the State of California.
SEC. 2.Section 6073 of the Business and Professions Code is amended to read:6073.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. Every lawyer authorized and privileged to practice law in California is expected strongly encouraged to make a contribution. In some circumstances, it may not be feasible for a lawyer to directly provide pro bono services. 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 deciding to provide that financial support, the lawyer should, at minimum, approximate the value of the hours of pro bono legal service that he or she would otherwise have provided. In some circumstances, pro bono contributions may be measured collectively, as by a firms aggregate pro bono activities or financial contributions. contribution of both pro bono legal services and financial contributions to legal aid organizations. Lawyers also make invaluable contributions through their other voluntary public service activities that increase access to justice or improve the law and the legal system. In view of their expertise in areas that critically affect the lives and well-being of members of the public, lawyers are uniquely situated to provide invaluable assistance in order to benefit those who might otherwise be unable to assert or protect their interests, and to support those legal organizations that advance these goals.
SEC. 3.Section 6073.1 is added to the Business and Professions Code, to read:6073.1.For purposes of this article, the following definitions apply:
(a)Legal aid organization has the meaning provided in Section 6159.51.
(b)(1)Pro bono legal services means any of the following:
(A)Legal services provided without fee, with reduced fee, or with no expectation of fee to either a person of limited means or an indigent person, as defined in paragraph (1) of subdivision (f) of Section 8030.4.
(B)Legal services provided at no fee or at substantially reduced fee to groups or organizations seeking to secure or protect civil rights, civil liberties, or public rights.
(C)Professional services rendered in civil matters, and in those criminal matters for which the government is not obliged to provide funds for legal representation, to persons who are financially unable to compensate counsel.
(D)Activities related to improving the administration of justice by simplifying the legal process for, or increasing the availability and quality of legal services to, poor persons.
(E)Additional services provided through participation in activities for improving the law, the legal system, or the legal profession.
(2)Pro bono legal services does not include legal services written off as bad debts.
SEC. 4.Section 6073.2 is added to the Business and Professions Code, to read:6073.2.(a)Every lawyer should aspire to provide at least 50 hours of pro bono legal services each year and contribute financially to legal aid organizations. A lawyer who is in private practice or is employed by a for-profit entity should aspire to annually contribute financially to legal aid organizations a total amount at least equivalent to the following:
(1)The amount typically billed by the lawyer, or by the firm with which the lawyer is associated, for one hour of time.
(2)If the lawyer performs his or her work on a contingency basis, the amount typically billed by lawyers in the community for one hour of time.
(3)The amount typically paid by the organization employing the lawyer for one hour of the lawyers time.
(4)If the lawyer is underemployed, an amount not to exceed one-tenth of one percent of the lawyers annual income.
(b)The State Bar shall require a member of the State Bar to report the hours of pro bono legal services performed and the amount of money contributed to legal aid organizations on an annual basis when the State Bar statement is due. Each member shall self-report this information through the members State Bar online profile on the State Bars Internet Web site through a provided section where those hours and financial contributions may be declared.
(c)The State Bar shall retain and maintain the information reported pursuant to subdivision (b) for purposes of historical record on a members State Bar online profile during the time the members status is active. This information shall be made publicly available on the members State Bar online profile.
(d)Subdivision (b) does not apply to a member of the State Bar who is exempt from mandatory continuing legal education requirements pursuant to Section 6070 or who is employed by an organization primarily engaged in the provision of pro bono legal services, including qualified legal services projects and qualified support centers, as defined in Section 6213.
(e)Failure to fulfill the aspirational goals described in this section is not intended to be grounds for disciplinary recourse.
(a)A contract with the state for legal services that exceeds fifty thousand dollars ($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, or an equivalent amount of financial contributions to qualified legal services projects and support centers, as defined in Section 6213, during each year of the contract equal to the lesser of either (1) 30 multiplied by the number of full-time attorneys in the firms offices in the state, with the number of hours prorated on an actual day basis for any contract period of less than a full year or (2) 10 percent of its contract with the state. Ten percent of the contract shall mean the number of hours equal to 10 percent of the contract amount divided by the average billing rate of the firm.
(b)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. If a firm fails to provide the hours of pro bono legal services set forth in its certification, the following factors shall be considered in determining whether the firm made a good faith effort:
(1)The actual number of hours of pro bono legal services or the amount of financial contributions provided by the firm during the term of the contract.
(2)The firms efforts to obtain pro bono legal work from legal services programs, pro bono programs, and other relevant communities or groups.
(3)The firms history of providing pro bono legal services or financial contributions, or other activities of the firm that evidence a good faith effort to provide pro bono legal services or financial contributions, such as the adoption of a pro bono policy or the creation of a pro bono committee.
(4)The types of pro bono legal services provided, including the quantity and complexity of cases as well as the nature of the relief sought.
(5)The extent to which the failure to provide the hours of pro bono legal services or financial contributions set forth in the certification is the result of extenuating circumstances unforeseen at the time of the certification.
(c)In awarding a contract with the state for legal services that exceeds fifty thousand dollars ($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 described in subdivision (a). Other things being equal, the awarding department shall award a contract for legal services to firms that have provided, during the 12-month period prior to award of the contract, the minimum number of hours of pro bono legal services described in subdivision (a).
(d)To assist the awarding department in evaluating whether the firm met its pro bono goals as set forth in the certification, as well as the factors to be considered in determining whether the firm made a good faith effort, the firm shall provide the necessary information to the State Bar on a form to be provided by the State Bar.
(d)(e)As used in this section, pro bono legal services means the provision of legal services either:
(1)Without fee or expectation of fee to either:
(A)Persons who are indigent or of limited means.
(B)Charitable, religious, civic, community, governmental, and educational organizations in matters designed primarily to address the economic, health, and social needs of persons who are indigent or of limited means.
(2)At no fee or substantially reduced fee to groups or organizations seeking to secure or protect civil rights, civil liberties, or public rights.
(e)(f)Nothing in this section shall subject a contracting law firm that fails to provide the minimum number of hours of pro bono legal services described in subdivision (a) to civil or criminal liability, nor shall that failure be grounds for invalidating an existing contract for legal services.
(f)(g)This article shall not apply to state contracts with, or appointments made by the judiciary of, an attorney, law firm, or organization for the purposes of providing legal representation to low- or middle-income persons, in either civil, criminal, or administrative matters.
(g)(h)This article shall not apply to contracts entered into between the state and an attorney or law firm if the legal services contracted for are to be performed outside the State of California.
(h)The provisions of this article shall become operative on January 1, 2003.|
Date
|
Status
|
|---|---|
| Aug 30, 2017 | August 30 set for first hearing.Testimony taken. |
| Aug 23, 2017 | August 23 hearing postponed by committee. |
| Jul 13, 2017 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 12, 2017 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 1.) (July 11). |
| Jun 22, 2017 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD. |
| Jun 21, 2017 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD. |
| Jun 19, 2017 | June 20 set for first hearing canceled at the request of author. |
| Jun 8, 2017 | Referred to Com. on JUD. |
| May 31, 2017 | In Assembly. Read first time. Held at Desk. |
| May 30, 2017 | Read third time. Passed. (Ayes 27. Noes 12. Page 1260.) Ordered to the Assembly. |
| May 23, 2017 | Read second time. Ordered to third reading. |
| May 22, 2017 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| May 16, 2017 | Set for hearing May 22. |
| May 15, 2017 | May 15 hearing postponed by committee. |
| May 5, 2017 | Set for hearing May 15. |
| May 3, 2017 | Read second time and amended. Re-referred to Com. on APPR. |
| May 2, 2017 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 852.) (April 25). |
| Apr 17, 2017 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD. |
| Apr 13, 2017 | Set for hearing April 25. |
| Apr 13, 2017 | April 18 set for first hearing canceled at the request of author. |
| Mar 29, 2017 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD. |
| Mar 28, 2017 | Set for hearing April 18. |
| Feb 23, 2017 | Referred to Com. on JUD. |
| Feb 14, 2017 | From printer. May be acted upon on or after March 16. |
| Feb 13, 2017 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jul 11, 2017 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Judiciary |
Passed |
|
| May 30, 2017 | Senate 3rd Reading SB316 Wieckowski | Senate Floor |
Passed |
|
| Apr 25, 2017 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Judiciary |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| American Civil Liberties Union | * Support | Jul 11, 2017 |
| Conference of California's Bar Association | * Support | Jul 11, 2017 |
| Legal Aid Association Of California | * Support | Jul 11, 2017 |
| Office of California Bar Associations | * Support | Aug 30, 2017 |
| Western Center On Law And Poverty Inc. | * Support | Jul 11, 2017 |
Date of Hearing: August 30, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
SBPCA Bill Id:SB 316
Author:(Wieckowski) – As Amended Ver:July 13, 2017
Policy Committee: | Judiciary | Vote: | 8 - 1 |
|
| ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires attorneys to annually report to the State Bar their pro bono legal aid service hours and contributions to legal aid, and establishes an aspirational benchmark of 50 pro bono service hours for every attorney in the state. Specifically, this bill:
- Provides that every lawyer authorized to practice law in California is strongly encouraged to fulfill his or her individual pro bono ethical commitment to make a contribution of both 50 hours of pro bono legal aid services and financial contributions to legal aid organizations, based on an individual lawyer’s annual income. This bill also redefines “pro bono legal aid services.”
- Requires an active member of the State Bar to report pro bono legal aid services and financial contributions through the member’s My State Bar online profile on the State Bar’s internet website, with certain exceptions.
- Modifies the definition of “pro bono legal aid” for purposes of state contracts for legal services.
FISCAL EFFECT:
Negligible fiscal effect.
COMMENTS:
- Background. California’s legal community has a history of recognizing the importance of pro bono work, and encouraging attorneys to provide pro bono services. The California Supreme Court has generally accepted the premise that “legal aid societies serve an important public interest.” Additionally, the State Bar of California acknowledges the importance of pro bono work when it created the “Pro Bono Practice Program” that allows active members of the State Bar who would otherwise be inactive to provide free legal assistance exclusively.
- Purpose. The purpose of this bill is to prompt an increase in pro bono work among attorneys who are required to report to the State Bar. A recent report issued in conjunction with the New York State Bar Association, found that “mandatory reporting of pro bono efforts is likely to increase the amount of pro bono work performed and the amount of money contributed to civil legal services programs.” According to the author, “SB 316 will require all attorneys to report to the State Bar their pro bono hours and financial contributions to legal aid organizations and attorneys will have the choice to disclose this information to the public.” The author further states, “Without access to legal counsel and unfamiliarity with court procedures and forms, disadvantaged Californians face dire consequences, such as foreclosure, unemployment, domestic violence, lack of health access, or consumer debt. Legal aid services help many Californians, including people with disabilities and seniors with civil cases.”
Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081
Date of Hearing: July 11, 2017
ASSEMBLY COMMITTEE ON JUDICIARY
Mark Stone, Chair
SBPCA Bill Id:SB 316
Author:(Wieckowski) – As Amended Ver:June 22, 2017
As Proposed to be Amended
SENATE VOTE: 27-12
SUBJECT: ATTORNEYS: PRO BONO LEGAL SERVICES
KEY ISSUE: IN ORDER TO HELP ADDRESS THE UNMET LEGAL NEEDs OF CALIFORNIANS WHO ARE UNABLE TO AFFORD ATTORNEYs IN IMPORTANT CIVIL CASES, SHOULD ATTORNEYS BE REQUIRED TO DISCLOSE TO THE STATE BAR THE NUMBER OF PRO BONO LEGAL SERVICE HOURS AND LEGAL AID FINANCIAL CONTRIBUTIONS they provide EACH YEAR?
SYNOPSIS
Californians and people across this country appear in court every day without legal representation. Euphemistically, we often say that these people are “self-represented,” when really, it might be more appropriate to say that they are not represented at all. While the Supreme Court has recognized that a person who is too poor to hire a lawyer cannot be assured a fair trial unless legal counsel is provided, this principle has generally been limited to criminal matters (at least in terms of whether legal counsel must be appointed to represent a litigant). In recognition of the need for indigent civil litigants in California to be represented by legal counsel, the Legislature enacted the Sargent Shriver Civil Counsel Act that provides legal representation to low-income parties in civil matters involving critical issues affecting basic human needs. This year's Budget Act (AB 97, Ting, Chap. 14, Stats. 2017) includes $10 million for two years (each year) to the Equal Access Fund for legal aid organizations to provide and direct legal services to low-income Californians throughout the state. Additionally, the Budget Act provides $45 million to the Department of Social Services to provide grant funding for legal services for immigration services. (See also SB 89, Committee on Budget and Fiscal Review, Chap. 24, Stats. 2017). While this additional funding will have a significant impact in helping indigent Californians with access to legal services, there continues to be a tremendous unmet need for legal representation among low-income litigants in the state.
This bill seeks to promote and increase legal services to indigent communities by requiring attorneys to report annually their pro bono legal aid activity and contributions with the State Bar, and establishes an aspirational benchmark of 50 pro bono service hours per year for every attorney in the state. To protect attorneys from potential public shaming, this bill allows attorneys to decide whether their declarations are to be made available to the public or kept private. Although this bill requires mandatory reporting of pro bono hours and contributions, and establishes a benchmark for the number of hours that attorneys should aspire to provide to legal aid, this bill makes clear that failure to report hours to the State Bar and failure to reach the 50 hour benchmark are not grounds for discipline or other administrative action. Given that this bill creates aspirational goals without a possibility for disciplinary action, this bill appears to provide a tool to raise awareness about pro bono legal aid and to collect data from attorneys across the state on the state’s unmet legal need.
This bill is author-sponsored, and is supported by the Legal Aid Association of California, Western Center on Law & Poverty, and the Conference of California Bar Associations. There is no opposition. The author has agreed to accept technical and clarifying amendments in this Committee that are reflected in this analysis.
SUMMARY: Requires attorneys to annually report to the State Bar their pro bono legal aid service hours and contributions to legal aid, and establishes an aspirational benchmark of 50 pro bono service hours for every attorney in the state. Specifically, this bill:
- Provides that every lawyer authorized and privileged to practice law in California is strongly encouraged to fulfill his or her individual pro bono ethical commitment to make a contribution of both 50 hours of pro bono legal aid services and financial contributions to legal aid organizations, based on an individual lawyer’s annual income.
- Redefines “pro bono legal aid services” to mean providing or enabling the direct delivery of legal services without expectation of compensation from the client other than reimbursement of expenses to an indigent person, as defined, or a California legal aid organization, nonprofit public benefit corporation, or other charitable, religious, civic, community, governmental, and educational organization in matters that are designed primarily to address the needs of persons of limited means, as provided. “Pro bono legal aid services” does not include legal services written off as bad debts.
- Provides that every lawyer should aspire to fulfill his or her individual commitment to provide pro bono legal aid services each year and contribute financially to California legal aid organizations.
- Requires an active member of the State Bar to report fulfilling his or her individual commitment of providing pro bono legal aid services and financial contributions through the member’s My State Bar online profile on the State Bar’s Internet Web site through a provided section where those hours and financial contributions shall be declared when payment of annual fees is due.
- Provides that the design of a State Bar member’s online profile shall allow members to report:
- Amount of pro bono hours legal aid services performed;
- Amount of financial contributions to California legal aid organization, nonprofit public benefit corporations, or both as provided;
- Hours of other legal public service activities, including reduced fee legal services, performed for a low-income individual, nonprofit organization, or public law library as provided.
- States that when a member reports the items under 5), the active member shall report the information for the calendar year preceding the date the annual report is due, and may choose to make the member’s reported information publicly available on the member’s State Bar online profile, pursuant to voluntary public disclosure, or keep the reported information private.
- Allows the member to also report the following categories of employment status:
- If the member is a full-time employee or an officer or elected official of the State of California.
- If the member is employed by an organization primarily engaged in the provision of pro bono legal aid services.
- If the member is prohibited by the member’s current employer from performing pro bono legal aid services.
- Requires the State Bar to retain and maintain the information reported, as provided, during the time the member’s status is active. The information shall be made publicly available on the member’s State Bar online profile up to the previous five years of active status pursuant to voluntary public disclosure by the member.
- Provides that notwithstanding any other law, if the information reported to the State Bar is not made publicly available on the member’s State Bar online profile pursuant to voluntary disclosure by a member, such information shall be confidential and shall not be disclosed pursuant to any state law, including, but not limited, to the California Public Records Act. However, the disclosure of aggregate data that does not reveal personally identifying data is not prohibited.
- Provides that an attorney’s failure to comply with the provisions of this bill is not grounds for disciplinary or administrative recourse.
- Clarifies that a contract with the state for legal services, as provided, 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 aid services, as provided.
- Makes technical and conforming changes, including removing obsolete provisions of law.
EXISTING LAW:
- 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. (Bus. & Prof. Code Sec. 6001.1. Unless provided otherwise, all further statutory references are to the Business & Professions Code.)
- Requires that attorneys who wish to practice law in California must be admitted and licensed in this state and must be a member of the State Bar. (Cal. Const., Art. VI, Sec. 9.)
- States 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. (Section 6073.)
- Provides that every lawyer authorized and privileged to practice law in California is expected to make a contribution. (Ibid.)
- Acknowledges that in some circumstances, it may not be feasible for a lawyer to directly provide pro bono services. 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. (Ibid.)
- States that in deciding to provide that financial support, the lawyer should, at minimum, approximate the value of the hours of pro bono legal service that he or she would otherwise have provided. In some circumstances, pro bono contributions may be measured collectively, as by a firm’s aggregate pro bono activities or financial contributions. (Ibid.)
- States that lawyers also make invaluable contributions through their other voluntary public service activities that increase access to justice or improve the law and the legal system. In view of their expertise in areas that critically affect the lives and well-being of members of the public, lawyers are uniquely situated to provide invaluable assistance in order to benefit those who might otherwise be unable to assert or protect their interests, and to support those legal organizations that advance these goals. (Ibid.)
- Specifies that a contract with the state for legal services that exceeds fifty thousand dollars ($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, or an equivalent amount of financial contributions to qualified legal services projects and support centers, as provided. (Section 6072 (a).)
- Defines “pro bono legal services” under 8) as the provision of legal services either (1) without fee or expectation of fee to either persons who are indigent or of limited means, or charitable, religious, civic, community, governmental, and educational organizations in matters designed primarily to address the economic, health, and social needs of persons who are indigent or of limited means; or (2) at no fee or substantially reduced fee to groups or organizations seeking to secure or protect civil rights, civil liberties, or public rights. (Section 6072 (d).)
- Provides that the court may appoint any member of the bar or any law firm or professional law corporation to represent the indigent client without compensation upon a showing of good cause, as provided. Nothing herein shall preclude the appointed attorney from recovering any attorneys’ fees and costs to which the client may be entitled by law. (Code of Civil Procedure Section 285.4.)
- Establishes the Sargent Shriver Civil Counsel Act, which appoints legal counsel to represent low-income parties in civil matters involving critical issues affecting basic human needs in specified courts selected by the Judicial Council, as provided. (Government Code Section 68650 et seq.)
- Pursuant to the ABA Model Rules of Professional Conduct, provides that every lawyer has a professional responsibility to provide legal services to those unable to pay. A lawyer should aspire to render at least 50 hours of pro bono public legal services per year. In fulfilling this responsibility, the lawyer should:
- Provide a substantial majority of the 50 hours of legal services without fee or expectation of fee to persons of limited means or charitable, religious, civic, community, governmental and educational organizations in matters that are designed primarily to address the needs of persons of limited means; and
- Provide any additional services through:
- Delivery of legal services at no fee or substantially reduced fee to individuals, groups or organizations seeking to secure or protect civil rights, civil liberties or public rights, or charitable, religious, civic, community, governmental and educational organizations in matters in furtherance of their organizational purposes, where the payment of standard legal fees would significantly deplete the organization's economic resources or would be otherwise inappropriate;
- Delivery of legal services at a substantially reduced fee to persons of limited means; or
- Participation in activities for improving the law, the legal system or the legal profession. (ABA Model Rules Prof. Conduct, rule 6.1.)
- Pursuant to the ABA Model Rules of Professional Conduct, provides that a lawyer should, in addition, voluntarily contribute financial support to organizations that provide legal services to persons of limited means. (Ibid.)
- Provides that the State Bar shall adopt procedures to facilitate reporting of mandatory and voluntary information by providing members with a centralized mechanism for reporting information online at the State Bar Internet Web site, including, but not limited to, data required to be provided pursuant to the State Bar Act, or by other statutes, rules, and case law, and demographic information. Any demographic data collected shall be used only for general purposes and shall not be identified to any individual member or his or her State Bar record. (Section 6009.5.)
- States that the State Bar is expressly authorized to facilitate the professional responsibilities of members by collecting, in conjunction with the State Bar’s collection of its annual membership dues or otherwise, voluntary financial support for nonprofit organizations that provide free legal services to persons of limited means, as provided. (Section 6033.)
FISCAL EFFECT: As currently in print this bill is keyed fiscal.
COMMENTS: According to the old proverb, an attorney who represents himself in court has a fool for a client. This principle is so well-established by experience that it has been cited by the United States Supreme Court in support of the holding that an attorney who represents himself cannot collect attorney’s fees because he is unlikely to offer effective prosecution of meritorious claims. (Kay v. Ehrler (1991) 499 U.S. 432, 437-38.) If attorneys are unfit to represent themselves, how can non-attorneys possibly do so? And yet, Californians and people across this country appear in court every day without legal representation. Euphemistically, we often say that these people are “self-represented” when it might be more appropriate to say that they are unrepresented.
Over 45 years ago the Supreme Court in Gideon v. Wainwright (1963) 372 U.S. 335 recognized the “obvious truth” that any person hauled into court who is too poor to hire a lawyer cannot be assured a fair trial unless legal counsel is provided. While the Supreme Court has, generally, only extended the right to counsel to criminal proceedings, there is a growing movement to provide legal counsel as a matter of right to indigent litigants in matters where basic human needs are at stake. For example, in recognition of the need for indigent civil litigants in California to be represented by legal counsel, the Legislature enacted the Sargent Shriver Civil Counsel Act (AB 590 (Feuer) Chapter 457, Statutes of 2009) to provide legal representation to low-income parties in civil matters involving critical issues affecting basic human needs. The Act created seven pilot projects operated by legal services nonprofit corporations, working in collaboration with local courts and other legal services providers in the community to provide legal representation to low-income Californians at- or below- 200 percent of the federal poverty level. The purpose of these services is to ensure that unrepresented parties in these important cases have meaningful access to justice; guard against the involuntary waiver of rights, or disposition of cases by default; and encourage the fair and expeditious resolution of disputes, consistent with principles of judicial neutrality.
California’s legal community has a history of recognizing the importance of pro bono work, and encouraging attorneys to provide pro bono services. The California Supreme Court has generally accepted the premise that “legal aid societies serve an important public interest.” (Frye v. Tenderloin Housing Clinic, Inc. (2006) 38 Cal.4th 23, 39.) Additionally, the State Bar of California acknowledges the importance of pro bono work when it created the “Pro Bono Practice Program” that allows active members of the State Bar who would otherwise be inactive to provide free legal assistance exclusively. Generally, these include attorneys who have retired from the practice of law, but still want to provide pro bono legal services. Under the program, the attorney’s annual fees are waived if they meet certain ethical requirements and exclusively provide pro bono services. (Rules Proc. of State Bar, tit. III, ch. 6, rule 3.325 et seq.)
While the State’s ongoing commitment to provide indigent people with attorneys improves the justice gap, the legal aid community continues to face funding challenges—particularly at the federal level. Earlier this year, the White House Office of Management and Budget released a federal budget proposing the elimination of funding of the Legal Services Corporation, a nonprofit established by Congress to provide financial support for civil legal aid to low-income Americans. This proposed elimination could result in the loss of about $75 million in federal funds to California legal services. Partly in response to this proposed federal cut, the Legislature and the Governor enacted a budget that provides additional funding for legal services. The 2017 Budget Act (AB 97, Ting, Chap. 14, Stats. 2017) includes $10 million (each year) for two years to the Equal Access Fund for legal aid organizations to provide and direct legal services to low-income Californians throughout the state. Additionally, the Budget Act provides $45 million to the Department of Social Services to provide grant funding for legal services for immigration services. (See also SB 89, Committee on Budget and Fiscal Review, Chap. 24, Stats. 2017). While this additional funding will provide a significant impact in helping indigent Californians with access to legal services, there continues to be a tremendous unmet need.
Summary of this bill. This bill seeks to promote and increase legal services to indigent communities by requiring attorneys to report annually their pro bono legal aid activity and contributions with the State Bar, and establishes an aspirational benchmark of 50 pro bono service hours for every attorney in the state.
Author’s statement. In support of the bill, the author writes:
SB 316 will require all attorneys to report to the State Bar their pro bono hours and financial contributions to legal aid organizations and attorneys will have the choice to disclose this information to the public.
Without access to legal counsel and unfamiliarity with court procedures and forms, disadvantaged Californians face dire consequences such as foreclosure, unemployment, domestic violence, lack of health access, or consumer debt. Legal aid services help many Californians, including people with disabilities and seniors with civil cases.
Currently, 18 other states including Florida, New York, Mississippi, and Texas require some form of mandatory or voluntary reporting of pro bono activity, including hours and financial contributions. Statistics from these states evidence that requiring attorney reporting of pro bono activity has had a positive effect on attorney behavior and fosters greater pro bono activity and relationships between private sector lawyers and nonprofits. SB 316 will remind attorneys of their individual “pro bono ethical commitment” and the role that the legal profession plays in providing access to justice for low income Californians.
There is evidence that simply requiring a pro bono reporting requirement increases pro bono services. In a recent report issued in conjunction with the New York State Bar Association, the report found that “mandatory reporting of pro bono efforts is likely to increase the amount of pro bono work performed and the amount of money contributed to civil legal services programs.” (Informational Report on Mandatory Reporting of Pro Bono Work and of Contributions to Legal Services Organizations (2014) New York State Bar Association, President’s Committee on Access to Justice, Committee on Legal Aid and Pro Bono Coordinators Network (p. iv.).) Indeed, the New York Bar Association Report stated:
The simple fact that attorneys need to record and then report their activity is likely to focus attorneys’ attention on their professional and ethical obligations as members of the bar and the importance of furthering access to justice and to prompt them to do more.
Consistent with California’s goals of closing the justice gap, SB 316 requires attorneys to annual report to the State Bar their pro bono hours and financial contributions to legal aid organizations. Specifically, this bill requires an active attorney to report fulfilling his or her individual commitment of providing pro bono legal aid services and the amount of financial contributions to California legal aid organizations. Under the bill, an attorney is required to declare pro bono hours and contributions annually (when annual fees are due) by using the individual’s “My State Bar” online profile—a State Bar portal used by attorneys to update their contact information, pay annual fees, track continuing education, or make contributions to various funds like the California Bar Foundation and the Justice Gap Fund. Although this bill does not require an attorney to perform pro bono service hours, this bill anticipates that mandating the reporting of hours will encourage attorneys to thoughtfully reflect upon their ethical commitment to the legal profession to improve access to justice, and thus, either make more of an effort to provide legal services or make additional financial contributions to legal aid organizations.
To ensure that attorneys accurately report their hours or contributions, this bill allows attorneys to decide whether their declarations are to be made available to the public or to be kept private. The New York Bar Association report noted that mandatory pro bono reporting provides important data for legal aid attorneys in determining how pro bono activity and contributions are helping to close the justice gap. (Infra, New York Bar Association Report.) To ensure that the information provided to the State Bar accurately reflects what is happening in the legal community and to ensure that the State is aware of its unmet need, this bill allows attorneys to decide whether their reported declarations will be disclosed to the public or kept private.
This bill takes significant steps to prevent attorneys from being subject to public shaming for not doing pro bono work or making contributions. It has also been argued that a requirement to force attorneys to publicly disclose their pro bono hours and contributions might result in public shaming. Accordingly, it appears that another reason that this bill allows an attorney to decide whether the declarations are to be disclosed or kept private is to prevent public shaming.
Paradoxically, it has also been suggested that some attorneys who choose not to disclose might very well still be publicly shamed because (the argument goes) people will think they have something to hide. To protect against this public shaming, this bill allows certain attorneys to publicly disclose their employment status to rebuff arguments that these attorneys do not want to contribute to pro bono work. For example, this bill allows legal aid attorneys and attorneys who are prohibited from engaging in pro bono work (e.g., some prosecutors, some court staff) to declare their employment status. Out of an abundance of caution, this bill also provides that pro bono declarations provided to the State Bar be kept private and shall not be disclosed under the California Public Records Act. However, the State Bar may still disclose aggregate data on pro bono declarations, provided the disclosure does not reveal personal identifying information.
Similar to the ABA Model Rules of Professional Conduct, this bill specifically sets out an aspirational benchmark of 50 pro bono legal aid service hours and financial contributions based on personal annual income. In California, every lawyer is expected to provide voluntary pro bono legal services to support legal aid organizations. Likewise, the American Bar Association Model Rules of Professional Conduct, Rule 6.1 provides that “every lawyer has a professional responsibility to provide legal services to those unable to pay.” (ABA Model Rules Prof. Conduct, rule 6.1.) Unlike California law, however, the ABA Model Rules provide a specific benchmark. Under the ABA Rule, a “lawyer should aspire to render at least 50 hours of pro bono legal services per year.” (Ibid.) Additionally, the ABA Rule specifies that “the lawyer should provide a substantial majority of the 50 hours of legal services without fee or expectation of fee to persons of limited means, or charitable, religious, civic, community, governmental and educational organizations in matters which are designed primarily to address the needs of persons of limited means.” (Ibid.) However, the ABA Model Rule recognizes that each state may adjust the amount of hours depending on local needs and local conditions.
Similar to the ABA Model Rules, SB 316 establishes a benchmark of 50 pro bono services hours. Moreover, this bill—consistent with California’s previous legislative efforts to support persons of limited means—targets the 50 hour benchmark toward pro bono legal aid services or persons of limited means.
California law also encourages attorneys to provide financial contributions and engage in public service activities. California law recognizes that in some circumstances, attorneys are not able to directly provide pro bono services. In those circumstances, existing law provides that attorneys may “fulfill his or her individual pro bono ethic commitment, in part, by providing financial support to organizations providing free legal services to persons of limited means.” Generally, to calculate how much an attorney should contribute, existing law requires the attorney to consider the value of the hours that the attorney would have provided. The ABA Model Rules also recognizes that attorneys should provide financial support, but does not specify the amount or how it should be calculated. Additionally, existing law encourages attorneys to make contributions through other voluntary public service activities that increase access to justice or improve the law and the legal system.
Consistent with existing law, SB 316 continues to broadly encourage attorneys to make financial contributions to legal aid organizations and encourage attorneys to engage in other legal public service activities. As stated, this bill requires an attorney to report their pro bono hours and their financial contributions. While attorneys are encouraged to provide as much as they can, as proposed to be amended, this bill specifies that an attorney’s financial contributions should be based on an individual attorney’s annual income. This bill also acknowledges that many attorneys provide legal public service hours to other groups in their community that is not considered legal aid, but that is still important to promoting the law. Accordingly, this bill also requires an attorney to report other legal public service activities, such as hours performed at a non-profit or a public law library, or work performed at a reduced fee, and allows attorneys to disclose this information should they choose.
Failure to report hours or contributions is not grounds for discipline. Although this bill requires mandatory reporting of pro bono hours and contributions, and establishes a benchmark for the number of hours that attorneys should aspire to provide to legal aid, this bill makes clear that failure to report and failure to reach the 50 hour benchmark are not grounds for disciplinary or administrative action. Given that this bill creates goal posts without a possibility for disciplinary action, this bill appears to provide a tool to raise awareness about pro bono legal aid and to collect data from attorneys across the state on the state’s unmet legal need.
Given that this bill relies on the State Bar’s existing online portal, this bill does not appear to create a significant additional workload for the State Bar. Under California Rules of Court, every attorney must use an online membership account to report personal information to the State Bar. (Cal. Rules of Court, rule 9.7.) As part of the State Bar’s efforts to reduce costs, in 2017, the State Bar launched a new process for attorneys to pay their fees online (rather than through mail). Under the new online system, billing statements are made available through an attorney’s My State Bar Profile. Should this bill become law, it is foreseeable that attorneys—while paying their annual fees online—will be prompted in the online portal about the reporting requirements provided under this bill. Accordingly, it appears that most attorneys will have notice about the reporting requirements under the bill. However, for those attorneys who have an exemption to the online system and pay their fees through the mail (because they do not have online access or an e-mail address), this bill may not capture their pro bono declarations. According to State Bar staff, there are about 440 attorneys in the state who have an exemption. While most of these attorneys are inactive members (and thus, not required to report under this bill), there are about 150 active attorneys who pay their dues by paper. Given that the reporting requirements in this bill are limited to the online portal, and given that this bill does not require the State Bar to revise its paper dues statement to reflect pro bono hour reporting requirements, this bill may not capture the data from those 150 attorneys—even if presumably, those attorneys are given some notice about the new requirements under this bill. However, given the potential costs associated with revising the paper statements to include the reporting requirement, this bill appears to fairly balance the interests of data collection against the costs to the State Bar.
This bill modifies the pro bono legal service requirement for when the state enters into a contract for legal services. Under existing law, when the State contracts with a law firm for legal services that exceeds $50,000, the law firm is required to make a good faith effort to provide pro bono legal services, as provided. This bill clarifies that the pro bono legal services are pro bono legal aid services, as provided.
Other states have adopted pro bono requirements similar to this bill. According to the American Bar Association, many states have enacted some form of pro bono reporting—whether the reporting is mandatory or voluntary. It appears that 9 other states have mandatory reporting (where failure to report results in some form of discipline) and 13 other states have voluntary reporting. (See State Reporting Policies, American Bar Association, https://www.americanbar.org/groups/probono_public_service/ts/pbreporting.html (July 7, 2017).)
A federal circuit court has upheld the constitutionality of the reporting requirements, similar to provisions in this bill. In 1993, the Florida Supreme Court adopted a pro bono reporting requirement—similar to the one in this bill—that required attorneys to meet an aspirational (rather than mandatory) pro bono goal that could be achieved by providing 20 pro bono hours, or contributing $350 to legal aid, and required attorneys to report whether they met the aspirational goal. In 1998, a member of the Florida Bar challenged the rule, arguing that it violated both the Equal Protection and Due Process Clauses of the Fourteenth Amendment. The case was ultimately heard by the Eleventh Circuit, which upheld the reporting requirement, finding that the state’s Supreme Court had “a legitimate interest in encouraging the attorneys it has licensed to practice in the [state] to perform pro bono legal services.” (Schwarz v. Kogan (11th Cir. 1998) 132 F.3d 1387, 1391.) The Circuit court reasoned the following:
We have recognized that states have an especially great interest in regulating lawyers, since lawyers are essential to the primary government function of administering justice. Due to the unique and important role of the legal profession in this country, the free provision of legal services to the poor has long been recognized as an essential component of the practice of law. (Ibid.)
In support of its rule, the Florida Supreme Court found that it was “important for an independent legal profession to provide a portion of indigent representation to ensure proper challenge against government violations of individual rights.” (Ibid.) Furthermore, the Florida Supreme Court found that, “lawyers have been granted a special boon by the [state]—they in effect have a monopoly on the public justice system. In return, lawyers are ethically bound to help the State’s poor gain access to that system.” (Ibid.)
Here, this bill’s provisions—similar to the rule adopted in Florida—establishes an aspirational goal of 50 pro bono hours or contributions, and requires attorneys to report information consistent with meeting those goals. Given that the interests of the State appear to be similar to those of the Florida Supreme Court, it appears that this bill would withstand constitutional scrutiny.
Related Legislation: SB 1257 (Block, 2016) would have mandated applicants for licensure as attorneys by the State Bar of California to perform at least 50 hours of pro bono legal service prior to filing an application for admission. This bill was vetoed by the Governor Brown. The Governor’s veto message provided the following:
This bill requires an applicant for membership in the State Bar to complete at least fifty hours of supervised pro bono legal service. It also requires that a practicing lawyer or law professor supervise the student.
I certainly support law students and lawyers providing pro bono legal services. Some law schools already promote volunteerism and pro bono service in various ways and many employers also require a certain amount of pro bono hours for associates and clerks. While I commend the author for his desire to further these efforts, I don't believe a state mandate can be justified.
Law students in California are now contending with skyrocketing costs-often more than $200,000 for tuition and room and board-and many struggle to find employment once they are admitted to the Bar. In this context, I believe it would be unfair to burden students with the requirements set forth in this bill.
Instead, we should focus on lowering the cost of legal education and devising alternative and less expensive ways to qualify for the Bar Exam. By doing so, we could actually expand the opportunity to serve the public interest.
REGISTERED SUPPORT / OPPOSITION:
Support
Conference of California Bar Associations
Legal Aid Association of California
Western Center on Law & Poverty
Opposition
None on file
Analysis Prepared by: Eric Dang / JUD. / (916) 319-2334
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
THIRD READING
Bill No: SB 316
:
SENATE JUDICIARY COMMITTEE: 5-2, 4/25/17
AYES: Jackson, Hertzberg, Monning, Stern, Wieckowski
NOES: Moorlach, Anderson
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
DIGEST:
This bill, seeking to increase the provision of pro bono legal services and contributions to legal aid organizations, requires attorneys to annually report the hours of pro bono legal services performed and the amount of money contributed to specified organizations (including legal aid organizations) to the State Bar of California. This bill allows each attorney to choose whether to have the information made publicly available on the attorney’s State Bar online profile. This bill requires the information be kept confidential and prohibits the disclosure of the reported information if the attorney chooses not to voluntarily disclose the information,. This bill makes clear that an attorney’s failure to comply with the provisions of this bill is not grounds for disciplinary recourse.
Existing law:
- Requires all attorneys who practice law in California to be members of the State Bar and establishes the State Bar for the purpose of regulating the legal profession. (Bus. & Prof. Code Sec. 6000 et seq.)
- Requires active members of the State Bar to complete continuing legal education, as specified, and exempts the following from the continuing legal education requirement: officers and elected officials of the State of California; full-time professors at law schools accredited by the State Bar of California, the American Bar Association, or both; and full-time employees of the State of California, acting within the scope of their employment. (Bus. & Prof. Code Sec. 6070.)
- Authorizes the State Bar to increase the annual membership fees by an additional $40, to be allocated only for purposes of providing voluntary support for nonprofit organizations that provide free legal services to persons of limited means. Members have the option of deducting the $40 from the annual membership fee if they elect not to have the amount allocated for the purposes of legal services.[1] (Bus. & Prof. Code Secs. 6033, 6140.03.)
- Provides that: (a) 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; (b) every lawyer authorized and privileged to practice law in California is expected to make a contribution; and (c) in the circumstances where it may not be feasible for a lawyer to directly provide pro bono services, the lawyer may instead fulfill their individual pro bono ethical commitment, in part, by providing support to organizations providing free legal services to persons of limited means, as specified. (Bus. & Prof. Code Sec. 6073.)
- Requires 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 pro bono legal services, or an equivalent amount of financial contributions to qualified legal services projects and support centers, as specified. In awarding a contract with the state for legal services that exceeds $50,000, the awarding department shall consider the efforts of a contracting law firm to provide pro bono legal services, as specified. (Bus. & Prof. Code Sec. 6072.)
- Defines, for purposes of the section relating to contracts with the state for legal services that exceed $50,000, “pro bono legal services” as the provision of legal services: at no fee or substantially reduced fee to groups or organizations seeking to secure or protect civil rights, civil liberties, or public rights; without fee or expectation of fee to persons who are indigent or of limited means; or without fee or expectation of fee to charitable, religious, civic, community, governmental, and educational organizations in matters designed primarily to address the economic, health, and social needs of persons who are indigent or of limited means.
This bill:
- Provides that every lawyer authorized and privileged to practice law in California is strongly encouraged to fulfill his or her individual pro bono ethical commitment to make a contribution of both 50 hours of pro bono legal services and financial contributions to legal aid organizations.
- Defines “pro bono legal services” as providing legal services without expectation of compensation from the client other than reimbursement of expenses to: an indigent person, as defined; or a legal aid organization, nonprofit public benefit corporation, as authorized by Section 13406 of the Corporations Code, or other charitable, religious, civic, community, governmental, and educational organization in matters that are designed primarily to address the needs of persons of limited means. However, “pro bono legal services” does not include legal services written off as bad debts.
- Defines “legal aid organization,” “person of limited means,” “other voluntary public service activities,” and “reduced fee legal services,” as specified.
- Provides that every lawyer should aspire to provide at least 50 hours of pro bono legal services each year and contribute financially to legal aid organizations.
- Provides that a lawyer should aspire to annually contribute financially to legal aid organizations a total amount equivalent to, or greater than, the following:
- The amount typically billed by the lawyer, or by the firm with which the lawyer is associated, for one hour of time;
- If the lawyer performs his or her work on a contingency basis, the amount typically billed by lawyers in the community for one hour of time;
- The amount typically paid by the organization employing the lawyer for one hour of the lawyer’s time; and
- If the lawyer is underemployed, an amount not to exceed one-tenth of one percent of the lawyer’s annual income.
- Requires a member of the State Bar to annually report the hours of pro bono legal services they engaged in and the amount of money they contributed to California legal aid organizations and nonprofit public benefit corporations, as specified.
- Requires the State Bar to design the online profile section of their Web site to allow members to report:
- Amount of pro bono hours performed;
- Amount of money contributed to a California legal aid organization;
- Hours of other legal services, including reduced fee legal services, performed for a low-income individual or nonprofit organization;
- If the member’s current employer prohibits the member from performing pro bono legal services;
- If the member is employed by a government agency or is an officer or elected official of the State of California;
- If the member is employed by an organization primarily engaged in the provision of pro bono legal services; and
- Whether the member prefers to keep the reported pro bono information private or available to the public.
- Provides, if a member’s employer prohibits the member from performing pro bono legal services, the member may so report when the member reports the hours of pro bono legal services performed. Any member may also choose to report the hours of reduced fee legal services.
- Requires the State Bar to retain and maintain the reported information, as specified, and make it publicly available on the member’s State Bar online profile, as specified, only if the member agrees to have it publicly disclosed.
- Exempts the following from the aspirational goal of pro bono legal service, the aspirational goal of a contribution to legal aid organizations, and reporting requirements: officers and elected officials of the State of California; full-time professors at law schools accredited by the State Bar of California, the American Bar Association, or both; full-time employees of the State of California, acting within the scope of their employment; and employees of an organization primarily engaged in the provision of pro bono legal services, including qualified legal services projects and qualified support centers, legal aid organizations, and nonprofit public benefit corporations. This bill provides that members who are exempt from the reporting requirements and members whose employer prohibits the member from performing pro bono legal services may nonetheless publicly disclose, on the member’s State Bar online profile, the amount of money contributed to a California legal aid organization.
- Provides that members who are exempt from the reporting requirements may nonetheless choose to report their pro bono service and contributions to legal aid organizations to the State Bar and have the information reflected on their online profiles.
- Provides that notwithstanding any other law, if the information reported to the State Bar is not made publicly available on the member’s State Bar online profile pursuant to voluntary disclosure by a member, such information shall be confidential and shall not be disclosed pursuant to any state law, including, but not limited, to the California Public Records Act. However, the disclosure of aggregate data that does not reveal personally identifying data is not prohibited.
- Makes clear that an attorney’s failure to comply with the provisions of this bill is not grounds for disciplinary recourse
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 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.
In an effort to achieve greater access to justice for indigent unrepresented Californians, this bill requires attorneys to annually report the hours of pro bono legal services performed and the amount of money contributed to specified organizations (including legal aid organizations) to the State Bar of California, and allows the attorney to choose whether to have the information kept confidential or made publicly available on the attorney’s State Bar online profile.
Comments
The author writes:
SB 316 will require all attorneys to report to the State Bar their pro bono hours and financial contributions to legal aid organizations and attorneys will have the choice to disclose this information to the public.
Without access to legal counsel and unfamiliarity with court procedures and forms, disadvantaged Californians face dire consequences such as foreclosure, unemployment, domestic violence, lack of health access, or consumer debt. Legal aid services help many Californians, including people with disabilities and seniors with civil cases.
Currently, 18 other states including Florida, New York, Mississippi, and Texas require some form of mandatory or voluntary reporting of pro bono activity, including hours and financial contributions. Statistics from these states evidence that requiring attorney reporting of pro bono activity has had a positive effect on attorney behavior and fosters greater pro bono activity and relationships between private sector lawyers and nonprofits. SB 316 will remind attorneys of their individual “pro bono ethical commitment” and the role that the legal profession plays in providing access to justice for low income Californians.
In support, Legal Aid Association of California explains:
[SB 316] will enhance delivery of legal services by requiring the reporting of pro bono activity provided by lawyers to low-income Californians.
Providing legal services to those who otherwise could not afford them is an integral part of our social justice system. Although criminal legal assistance is part of the fundamental right “to a lawyer,” there is no right to an attorney in civil cases. This is where the gap in equitable access to justice disadvantages thousands of low-income Californians, including people with disabilities and seniors with civil cases. These civil legal matters include foreclosure, unemployment, domestic violence, health access, consumer debt, housing, and re-entry.
As low income, self-represented litigants are typically unfamiliar with court procedures and forms, when litigants seek legal assistance in civil matters they increase knowledge of their rights and obligations under the law. This improves expediting court proceedings and reduces the need for use of additional court resources.
SB 316 will require that all attorneys licensed under the State Bar report the number of pro bono hours and the amount of money contributed to legal aid organizations. The New York State Bar recently became one of 18 states that require the reporting of pro bono hours and money contributions. Statistics from these states evidence that mandatory reporting has had a positive effect on attorney behavior and fosters greater pro bono activity and relationships between private sector lawyers and nonprofits.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
American Civil Liberties Union of California
Conference of California Bar Associations
Legal Aid Association of California
OPPOSITION: (Verified 5/23/17)
5/25/17 9:39:35
**** END ****
For the year of 2016, members of the State Bar contributed $5,980,120 through this check off. So far for the year of 2017, the amount was $6,256,669. In the year 2016, 149,503 attorneys contributed the $40. To date, for the year 2017, 156,417 attorneys have contributed the $40. There are currently 188,188 active and 58,622 inactive members of the State Bar. ↑
Senator Hannah-Beth Jackson, Chair
2017-2018 Regular Session
Bill No: SB 316 (Author:Wieckowski)
Version: April 17, 2017
Hearing Date: April 25, 2017
Fiscal: Yes
Urgency: No
Consultant: MEC
SUBJECT
Attorneys: pro bono legal services
DESCRIPTION
This bill, seeking to increase the provision of pro bono legal services and contributions to legal aid organizations, would require attorneys to annually report the hours of pro bono legal services performed and the amount of money contributed to specified organizations (including legal aid organizations) to the State Bar of California. The bill would allow each attorney to choose whether to have the information made publicly available on the attorney’s State Bar online profile. If the attorney chooses not to voluntarily disclose the information, this bill would require the information be kept confidential and prohibit the disclosure of the reported information.
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 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.
Last year, this committee passed SB 1257 (Block) that would have required any person who applies to become a licensed California attorney to complete at least 50 hours of pro bono service prior to admission with the State Bar of California. In his veto message of SB 1257, the Governor noted that it would be “unfair to burden students with the requirements” in the bill. His message focused on the skyrocketing costs of law school and that many people “struggle to find employment once they are admitted to the Bar.” He wrote we should instead “focus on lowering the cost of legal education and devising alternative and less expensive ways to qualify for the Bar Exam.” By doing so, the Governor argued, “we could actually expand the opportunity to serve the public interest.” This bill, SB 316, does not mandate pro bono service as the vetoed bill did. Moreover, this bill applies to members of the State Bar, not applicants for admission to the State Bar.
In an effort to achieve greater access to justice for indigent unrepresented Californians, this bill would require attorneys to annually report the hours of pro bono legal services performed and the amount of money contributed to specified organizations (including legal aid organizations) to the State Bar of California, and would allow the attorney to choose whether to have the information kept confidential or made publicly available on the attorney’s State Bar online profile.
CHANGES TO EXISTING LAW
Existing law requires all attorneys who practice law in California to be members of the State Bar and establishes the State Bar for the purpose of regulating the legal profession. (Bus. & Prof. Code Sec. 6000 et seq.)
Existing law requires active members of the State Bar to complete continuing legal education, as specified, and exempts the following from the continuing legal education requirement: officers and elected officials of the State of California; full-time professors at law schools accredited by the State Bar of California, the American Bar Association, or both; and full-time employees of the State of California, acting within the scope of their employment. (Bus. & Prof. Code Sec. 6070.)
Existing law authorizes the State Bar to increase the annual membership fees by an additional $40, to be allocated only for purposes of providing voluntary support for nonprofit organizations that provide free legal services to persons of limited means. Members have the option of deducting the $40 from the annual membership fee if they elect not to have the amount allocated for the purposes of legal services.[1] (Bus. & Prof. Code Secs. 6033, 6140.03.)
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; every lawyer authorized and privileged to practice law in California is expected to make a contribution; and in the circumstances where it may not be feasible for a lawyer to directly provide pro bono services, the lawyer may instead fulfill their individual pro bono ethical commitment, in part, by providing support to organizations providing free legal services to persons of limited means, as specified. (Bus. & Prof. Code Sec. 6073.)
This bill would instead provide that every lawyer authorized and privileged to practice law in California is strongly encouraged to fulfill his or her individual pro bono ethical commitment to make a contribution of both 50 hours of pro bono legal services and financial contributions to legal aid organizations.
Existing law requires 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 pro bono legal services, or an equivalent amount of financial contributions to qualified legal services projects and support centers, as specified. In awarding a contract with the state for legal services that exceeds $50,000, the awarding department shall consider the efforts of a contracting law firm to provide pro bono legal services, as specified. (Bus. & Prof. Code Sec. 6072.)
Existing law, for purposes of the section relating to contracts with the state for legal services that exceed fifty thousand dollars, defines “pro bono legal services” as the provision of legal services: at no fee or substantially reduced fee to groups or organizations seeking to secure or protect civil rights, civil liberties, or public rights; without fee or expectation of fee to persons who are indigent or of limited means; or without fee or expectation of fee to charitable, religious, civic, community, governmental, and educational organizations in matters designed primarily to address the economic, health, and social needs of persons who are indigent or of limited means.
This bill would instead define “pro bono legal services” as providing legal services without expectation of compensation from the client other than reimbursement of expenses to: an indigent person, as defined; or a legal aid organization, nonprofit public benefit corporation, as authorized by Section 13406 of the Corporations Code, or other charitable, religious, civic, community, governmental, and educational organization in matters that are designed primarily to address the needs of persons of limited means. However, “pro bono legal services” does not include legal services written off as bad debts.
This bill would define “legal aid organization,” “person of limited means,” “other voluntary public service activities,” and “reduced fee legal services,” as specified.
This bill would provide that every lawyer should aspire to provide at least 50 hours of pro bono legal services each year and contribute financially to legal aid organizations. However, the bill would provide that failure to fulfill these aspirational goals is not intended to be grounds for disciplinary recourse.
This bill provides that a lawyer should aspire to annually contribute financially to legal aid organizations a total amount equivalent to, or greater than, the following:
- the amount typically billed by the lawyer, or by the firm with which the lawyer is associated, for one hour of time;
- if the lawyer performs his or her work on a contingency basis, the amount typically billed by lawyers in the community for one hour of time;
- the amount typically paid by the organization employing the lawyer for one hour of the lawyer’s time; and
- if the lawyer is underemployed, an amount not to exceed one-tenth of one percent of the lawyer’s annual income.
This bill would require a member of the State Bar to annually report the hours of pro bono legal services they engaged in and the amount of money they contributed to California legal aid organizations and nonprofit public benefit corporations, as specified.
This bill requires the State Bar to design the online profile section of their Web site to allow members to report:
- amount of pro bono hours performed;
- amount of money contributed to a California legal aid organization;
- hours of other legal services, including reduced fee legal services, performed for a low-income individual or nonprofit organization;
- if the member’s current employer prohibits the member from performing pro bono legal services;
- if the member is employed by a government agency or is an officer or elected official of the State of California;
- if the member is employed by an organization primarily engaged in the provision of pro bono legal services; and
- whether the member prefers to keep the reported pro bono information private or available to the public.
This bill would provide, if a member’s employer prohibits the member from performing pro bono legal services, the member may so report when the member reports the hours of pro bono legal services performed. Any member may also choose to report the hours of reduced fee legal services.
This bill would require the State Bar to retain and maintain the reported information, as specified, and make it publicly available on the member’s State Bar online profile, as specified, only if the member agrees to have it publicly disclosed.
This bill would exempt the following from the reporting requirements: officers and elected officials of the State of California; full-time professors at law schools accredited by the State Bar of California, the American Bar Association, or both; full-time employees of the State of California, acting within the scope of their employment; and employees of an organization primarily engaged in the provision of pro bono legal services, including qualified legal services projects and qualified support centers, legal aid organizations, and nonprofit public benefit corporations. The bill would provide that members who are exempt from the reporting requirements and members whose employer prohibits the member from performing pro bono legal services may nonetheless publicly disclose, on the member’s State Bar online profile, the amount of money contributed to a California legal aid organization.
This bill would provide that notwithstanding any other law, if the information reported to the State Bar is not made publicly available on the member’s State Bar online profile pursuant to voluntary disclosure by a member, such information shall be confidential and shall not be disclosed pursuant to any state law, including, but not limited, to the California Public Records Act. However, the disclosure of aggregate data that does not reveal personally identifying data is not prohibited.
COMMENT
1. Stated need for the bill
According to the author:
SB 316 will require all attorneys to report to the State Bar their pro bono hours and financial contributions to legal aid organizations and attorneys will have the choice to disclose this information to the public.
Without access to legal counsel and unfamiliarity with court procedures and forms, disadvantaged Californians face dire consequences such as foreclosure, unemployment, domestic violence, lack of health access, or consumer debt. Legal aid services help many Californians, including people with disabilities and seniors with civil cases.
Currently, 18 other states including Florida, New York, Mississippi, and Texas require some form of mandatory or voluntary reporting of pro bono activity, including hours and financial contributions. Statistics from these states evidence that requiring attorney reporting of pro bono activity has had a positive effect on attorney behavior and fosters greater pro bono activity and relationships between private sector lawyers and nonprofits. SB 316 will remind attorneys of their individual “pro bono ethical commitment” and the role that the legal profession plays in providing access to justice for low income Californians.
In support, Legal Aid Association of California explains:
[SB 316] will enhance delivery of legal services by requiring the reporting of pro bono activity provided by lawyers to low-income Californians.
Providing legal services to those who otherwise could not afford them is an integral part of our social justice system. Although criminal legal assistance is part of the fundamental right “to a lawyer,” there is no right to an attorney in civil cases. This is where the gap in equitable access to justice disadvantages thousands of low-income Californians, including people with disabilities and seniors with civil cases. These civil legal matters include foreclosure, unemployment, domestic violence, health access, consumer debt, housing, and re-entry.
As low income, self-represented litigants are typically unfamiliar with court procedures and forms, when litigants seek legal assistance in civil matters they increase knowledge of their rights and obligations under the law. This improves expediting court proceedings and reduces the need for use of additional court resources.
SB 316 will require that all attorneys licensed under the State Bar report the number of pro bono hours and the amount of money contributed to legal aid organizations. The New York State Bar recently became one of 18 states that require the reporting of pro bono hours and money contributions. Statistics from these states evidence that mandatory reporting has had a positive effect on attorney behavior and fosters greater pro bono activity and relationships between private sector lawyers and nonprofits.
2. Suggested clarifying amendments
a. Not intended to be grounds for disciplinary recourse
The bill in print does not require members of the State Bar to provide at least 50 hours of pro bono legal services and contribute financially to legal aid organizations annually. Instead, this bill makes clear that these goals are aspirational and that members are strongly encouraged to meet them. The bill makes clear that failure to fulfill the aspirational goals described in “this section” (new Bus. & Prof. Code Section 6073.2) is not intended to be grounds for disciplinary recourse. However, what is characterized as an “aspirational goal” in Section 6073.2 of the bill is characterized as a “strongly encouraged” “ethical commitment” in another section of the bill--Section 6073. This discrepancy should be clarified. As currently drafted, the bill also sets forth a new reporting requirement for members of the State Bar. Because this is not specifically called out as “not intended to be grounds for disciplinary recourse,” this bill could be interpreted as intending for a member’s failure to report to be grounds for disciplinary recourse.
To make clear that the failure of a member of the State Bar to engage in pro bono legal services, to contribute financially to legal aid organizations, or to report their pro bono work or legal aid contribution is not to be grounds for disciplinary recourse by the State Bar of California, the following amendment is suggested.
Suggested Amendment:
On page 8, strike out lines 36 and 37 and insert:
(j) Failure of a member of the State Bar to comply with any of the provisions of sections 6073, 6073.1, and this section is not grounds for disciplinary recourse.
b. Clarifying that those exempt from reporting are also exempt from the pro bono and legal aid contribution aspirational goals, but that they can nonetheless report pro bono hours and legal aid contributions if they so choose
As drafted, this bill would exempt the following from the reporting requirements: officers and elected officials of the State of California; full-time professors at law schools accredited by the State Bar of California, the American Bar Association, or both; full-time employees of the State of California, acting within the scope of their employment; and employees of an organization primarily engaged in the provision of pro bono legal services, including qualified legal services projects and qualified support centers, legal aid organizations, and nonprofit public benefit corporations. This list of exemptions includes those who work for organizations primarily engaged in the provision of pro bono legal services and those who work in the public interest, such as legislators. The policy argument for exempting these members of the State Bar from having to annually report their pro bono hours and financial contributions to legal aid is that they are already engaged in work in the public interest and for the indigent. If this is the case, it is arguably appropriate to also make it clear that the aspirational goals of 50 annual pro bono hours and annual legal aid contributions does not apply to these members of the State Bar. However, should these exempted members choose to engage in pro bono work or contribute to legal aid organizations and wish to have that reflected publicly on their online member profiles, these members should be allowed to do so. This bill currently contains a provision that allows these exempt members to publicly disclose on their State Bar online profiles the amount of money contributed to a California legal aid organization. The following amendments are suggested to clarify that these exempt members can also have their pro bono hours and other information publicly disclosed if they so choose and to clarify that the aspirational goals of 50 annual pro bono hours and annual legal aid contributions do not apply to them.
Suggested Amendments:
On page 8 on line 10 in (g) strike out “Subdivision (b) does” and insert “Subdivisions (a), (b), (c), and (d) of this section and section 6073 do”
On page 8 on line 22 (h) after “section.” insert “A member of the State Bar exempt under subdivision (g) may nevertheless publicly disclose any of the information in (e)(1)-(7).”
c. Concerns regarding mandating reporting to the State Bar
The author’s goal to provide additional legal assistance to indigent Californians is laudable. An unintended consequence of requiring every attorney to report pro bono hours and financial contributions to legal aid annually is that some attorneys may feel shamed by their inability to provide assistance. Take the example of a newer attorney who is a single parent. That new attorney may be working long hours, have little time for family, and substantial student loan debt. This attorney, who has no extra hours to volunteer, will likely feel terrible at the moment they have to report their lack of hours to the State Bar. To address this issue, the author may consider amending this bill to make clear that there is no requirement to report pro bono hours or legal aid contributions to the State Bar annually. Instead, the bill could be amended to provide that all attorneys have the option to report pro bono hours and contributions to legal aid to the State Bar, but can choose not to report to the State Bar. In other words, attorneys would have an option to report pro bono hours and legal aid contributions to the State Bar and could also choose to have the information displayed on the attorney’s State Bar member profile. The following amendments are suggested if the Committee chooses to make the reporting of pro bono hours and reporting of legal aid contributions to the State Bar optional.
Amendments for consideration:
On page 7, in line 11, strike out “shall” and insert “may choose to”
On page 7, in line 17, after “report” insert “if and”
Support: American Civil Liberties Union of California; Legal Aid Association of California
Opposition: None Known
HISTORY
Source: Author
Related Pending Legislation:
SB 36 (Jackson, 2017) would authorize the State Bar to collect membership dues and would reform the State Bar. This bill is currently in the Senate Committee on Judiciary.
AB 360 (Muratsuchi, 2017) would require the State Bar to administer a program to provide pro bono civil legal assistance to veterans and their families who otherwise cannot afford legal services. This bill is currently in Assembly Committee on Judiciary.
Prior Legislation: SB 1257 (Block, 2016) would have required those who apply to become licensed California attorneys, with certain exceptions, to complete at least 50 hours of pro bono legal service, as defined, prior to admission with the State Bar. This bill was vetoed by the Governor.
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For the year of 2016, members of the State Bar contributed $5,980,120 through this check off. So far for the year of 2017, the amount was $6,256,669. In the year 2016, 149,503 attorneys contributed the $40. To date, for the year 2017, 156,417 attorneys have contributed the $40. There are currently 188,188 active and 58,622 inactive members of the State Bar. ↑
Discussed in Hearing
9MIN
Assembly Standing Committee on Appropriations
15MIN
Assembly Standing Committee on Judiciary
2MIN
Senate Floor
25MIN
Senate Standing Committee on Judiciary
Bill Author
Bill Co-Author(s):