Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California (State Bar), 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.

This bill would provide that every lawyer should aspire to fulfill their individual commitment to provide pro bono legal services each year and contribute financially to California legal aid organizations. The bill, except as specified, would require an active licensee to report annually whether they have provided pro bono legal services and certain other information through the licensees My State Bar online profile on the State Bars internet website, as prescribed. The bill would require the State Bar to retain and maintain the reported information for purposes of historical record for at least 5 years. The bill would make the reported information confidential and exempt from disclosure as a public record, but would authorize the State Bar to publish aggregated and anonymized reports based on that information. Under the bill, the failure of a licensee of the State Bar to comply with its provisions would not be grounds for disciplinary or administrative recourse. The bill would prohibit the State Bar from using specified moneys for any costs associated with these provisions. The bill would define terms for its purposes.

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.

Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California (State Bar), 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.

This bill would provide that every lawyer should aspire to fulfill their individual commitment to provide pro bono legal services each year and contribute financially to California legal aid organizations. The bill, except as specified, would require an active licensee to report annually whether they have provided pro bono legal services and certain other information through the licensees My State Bar online profile on the State Bars internet website, as prescribed. The bill would require the State Bar to retain and maintain the reported information for purposes of historical record for at least 5 years. The bill would make the reported information confidential and exempt from disclosure as a public record, but would authorize the State Bar to publish aggregated and anonymized reports based on that information. Under the bill, the failure of a licensee of the State Bar to comply with its provisions would not be grounds for disciplinary or administrative recourse. The bill would prohibit the State Bar from using specified moneys for any costs associated with these provisions. The bill would define terms for its purposes.

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.

Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California (State Bar), 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.

This bill would provide that every lawyer should aspire to fulfill their individual commitment to provide pro bono legal services each year and contribute financially to California legal aid organizations. The bill, except as specified, would require an active licensee to report annually whether they have provided pro bono legal services and certain other information through the licensees My State Bar online profile on the State Bars internet website, as prescribed. The bill would require the State Bar to retain and maintain the reported information reported for purposes of historical record for at least 5 years. The bill would make the reported information confidential and exempt from disclosure as a public record, but would authorize the State Bar to publish aggregated and anonymized reports based on that information. Under the bill, the failure of a licensee of the State Bar to comply with its provisions would not be grounds for disciplinary or administrative recourse. The bill would prohibit the State Bar from using specified moneys for any costs associated with these provisions. The bill would define terms for its purposes.

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.

Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California (State Bar), 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.

This bill would provide that every lawyer should aspire to fulfill their individual commitment to provide pro bono legal services each year and contribute financially to California legal aid organizations. The bill, except as specified, would require an active licensee to report annually whether they have provided pro bono legal services and certain other information through the licensees My State Bar online profile on the State Bars internet website, as prescribed. The bill would require the State Bar to retain and maintain the reported information reported for purposes of historical record for at least 5 years. The bill would make the reported information confidential, confidential and exempt from disclosure as a public record, but would authorize the State Bar to publish aggregated and anonymized reports based on that information. Under the bill, the failure of a licensee of the State Bar to comply with its provisions would not be grounds for disciplinary or administrative recourse. The bill would prohibit the State Bar from using specified moneys for any costs associated with these provisions. The bill would define terms for its purposes.

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.

Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California (State Bar), 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.

This bill would provide that every lawyer should aspire to fulfill their individual commitment to provide pro bono legal services each year and contribute financially to California legal aid organizations. The bill, except as specified, would require an active licensee to report annually whether they have provided pro bono legal services and certain other information through the licensees My State Bar online profile on the State Bars internet website, as prescribed. The bill would require the State Bar to retain and maintain the reported information reported for purposes of historical record for at least 5 years. The bill would make the reported information confidential, but would authorize the State Bar to publish aggregated and anonymized reports based on that information. Under the bill, the failure of a licensee of the State Bar to comply with its provisions would not be grounds for disciplinary or administrative recourse. The bill would prohibit the State Bar from using specified moneys for any costs associated with these provisions. The bill would define terms for its purposes.

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 Unfair Practices Act authorizes commissions or rebates regularly earned by the retailers of cellular telephones to be used to reduce cost not to exceed the greater of 10% of cost, as defined, or $20.

This bill would make a nonsubstantive change to this provision.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2505

Author:(Gabriel)

As Amended Ver:June 13, 2024

Majority vote

SUMMARY

Requires attorneys with active licenses to submit an annual report detailing how many pro bono hours they completed in the preceding calendar year.

Major Provisions

1. Defines the following for the purposes of this bill:
   1. "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's Official State Income Limits as set forth on the State of California's internet website.
   2. "Pro bono legal services" means providing or enabling the direct delivery of legal services without expectation of compensation from the client other than reimbursement of expenses to any of the following:
      1. An indigent person, as defined in the specified section of the Business and Professions Code;
      2. A charitable, religious, civic, community, governmental, or educational organization in matters that are designed primarily to address the needs of persons of limited means;
      3. A charitable, religious, civic, community, governmental, or educational organization in matters in furtherance of their organizational purposes.
   3. "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 defined above.
2. Requires an active licensee to report whether they have provided pro bono legal services through the licensee's My State Bar online profile on the State Bar's internet website through a provided section where those hours shall be declared when payment of annual fees is due. Requires each licensee to report the following:
   1. Amount of pro bono legal services hours performed during the calendar year preceding the year in which the annual fee is due;
   2. Hours of reduced fee legal services performed for a low-income individual, nonprofit organization, or public law library established under the specified section of the Business and Professions Code during the calendar year preceding the date the annual report is due.
3. Exempts the following licensees from the reporting requirement in 2):
   1. A licensee 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, legal aid organizations, and nonprofit public benefit corporations, as authorized by the specified section of the Corporations Code;
   2. A licensee who is a full-time employee or an officer or elected official of the State of California, or political subdivision thereof, or the federal government.
   3. A licensee who is prohibited by their current employer from performing pro bono legal services if the licensee declares this prohibition on their My State Bar online profile on the State Bar's internet website through a provided section when payment of annual fees is due.
4. Requires the State Bar to retain and maintain the information reported pursuant to 2) for purposes of historical record for at least five years.
5. Makes the information reported pursuant to 2) confidential and not subject to disclosure under the Califoria Public Records Act.
6. Authorizes the State Bar to publish aggregated and anonymized reports based on the information received pursuant to 2).
7. Establishes that the failure of a licensee of the State Bar to comply with any of the above provisions is not grounds for disciplinary or administrative recourse.
8. Authorizes the State Bar to provide an option for attorneys who do not track pro bono hours to decline to answer the reporting requirement.
9. Prohibits the State Bar from utilizing any funds received from the annual license fee collected pursuant to specified sections of the Business and Professions Code for any costs associated with the above provisions.

Senate Amendments

1. Authorize the State Bar to provide an option for attorneys who do not track pro bono hours to decline to answer the reporting requirement.
2. Exempt the disclosures obtained by the State Bar from the California Public Records Act.

COMMENTS

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. While access to legal services can be pivotal to people's ability to access and maintain basic needs such as housing, workplace rights, immigration legal services, and health care services, too often a person's lack of funds can stand in the way to their access to justice.

According to the American Bar Association (ABA), 10 states already require attorneys to report their pro bono hours and another 13 have implemented voluntary pro bono reporting systems. The ABA lists a myriad of benefits of mandatory pro bono reporting, including creating positive peer pressure to complete pro bono hours, promoting increased access to justice and the courts as well as overall involvement in pro bono work, encouraging the fulfillment of attorneys' professional responsibility, raising awareness of the need for free or reduced fee legal services, and engendering confidence in the bar. (Policy: Pro Bono reporting (American Bar Association) available at: https://www.americanbar.org/groups/probono_public_service/policy/arguments/.)

This bill requires attorneys with active licenses to report how much pro bono work they have completed each year. The reported data would capture both the amount of pro bono legal services hours, as well as the amount of hours spent completing legal services at a reduced fee. While the reporting would be mandatory, there would not be any penalty associated either an attorney's failure to complete any pro bono hours or failure to complete the annual report. Both of these allowances appear reasonable. The bill does not intend to mandate attorneys throughout the state complete any pro bono hours, but rather to gather data regarding how many hours are completed. The data collected by the Bar would be confidential, but the Bar would be authorized to publish a report, provided that the information be aggregated and anonymized. By making the reporting confidential, the program seems well positioned to capture accurate data and avoid reporting attorneys inflating their numbers to avoid public shaming.

According to the Author

AB 2505 will help increase access to legal aid for low income Californians, which has been shown to provide a tremendous benefit to low-income litigants. This bill will add reporting requirements for all licensed attorneys in California, which will incentivize lawyers to provide critical legal services to those in need.

Arguments in Support

This bill is sponsored by the Legal Aid Association of California and is supported by several legal aid organizations. According to Neighborhood Legal Services of Los Angeles County (NLSLA):

Although our organization has a robust pro bono practice, we still cannot meet all of the needs of those seeking help from NLSLA. With statewide data, and a full understanding of various demographics, we can, as a community, work to increase pro bono contributions. We also believe that an ancillary benefit of mandatory reporting will be to raise awareness of the need for pro bono help and help to encourage those attorneys not currently engaged in pro bono to consider how they can get involved. Additionally, and importantly, attorneys are able to contribute financially to meet their pro bono responsibility when they are unable to give their time. We hope that the mandatory reporting requirement reminds attorneys they can always contribute financially to support the civil legal aid system.

The state of California has both a knowledge and service gap when it comes to access to civil legal services. Legal aid providers are overburdened and underutilized. According to the California State Bar's most recent study on access to justice, there are both significant gaps in service and knowledge of the existence of those services. By making pro bono reporting mandatory, there is a hope it will stimulate interest in the private bar into ways they can give back to their communities. As legal aid organizations throughout the State are well aware, there is a huge need for all types of legal services, from counsel and advice to clinic services to full scope representation. This bill will hopefully raise awareness within the private bar of the different roles they can play to help close the access to justice gap.

Unfortunately, California has fallen behind other states' efforts to expand access to civil legal services through pro bono work. As it stands, the California Bar strongly encourages all licensed attorneys to annually provide 50 hours of pro bono legal services. However, because there is no reporting requirement, the state has no way to even measure the percentage of attorneys meeting or surpassing this goal. Anecdotally, we believe a very small percentage of licensed attorneys are satisfying this 50-hour goal, but without reporting, we have no way to confirm that belief.

It is our hope that this bill will help close the justice gap by increasing pro bono legal work by raising awareness of the demand that exists for legal services the private bar can help fill. California is behind other states in utilizing this tool to increase access to civil legal services. While it does not require licensed attorneys to complete pro bono hours, it has had the effect in other states of increasing the number of hours lawyers spend on indigent civil defense work.

Arguments in Opposition

No opposition on file.

FISCAL COMMENTS

None.

VOTES:

ASM JUDICIARY: 10-1-1

YES: Kalra, Bauer-Kahan, Bryan, Connolly, Haney, Maienschein, McKinnor, Pacheco, Reyes, Waldron

NO: Dixon

ABS, ABST OR NV: Sanchez

ASSEMBLY FLOOR: 62-4-14

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Davies, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Haney, Hart, Holden, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Pellerin, Petrie-Norris, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NO: Gallagher, Jim Patterson, Joe Patterson, Sanchez

ABS, ABST OR NV: Bauer-Kahan, Chen, Megan Dahle, Dixon, Essayli, Flora, Vince Fong, Grayson, Hoover, Lackey, Mathis, McCarty, Quirk-Silva, Ta

UPDATED

VERSION: June 13, 2024

CONSULTANT: Manuela Boucher / JUD. / (916) 319-2334 FN: 0004253

 THIRD READING  

Bill No: AB 2505

Author: Gabriel (D)

Amended: 6/13/24 in Senate

Vote: 21

SENATE JUDICIARY COMMITTEE: 9-2, 6/11/24

AYES: Umberg, Allen, Ashby, Caballero, Durazo, Laird, Roth, Stern, Wahab

NOES: Wilk, Niello

ASSEMBLY FLOOR: 62-4, 5/13/24 - See last page for vote

SUBJECT: Attorneys: pro bono legal services

SOURCE: Legal Aid Association of California

DIGEST:

This bill requires every active licensee of the California State Bar, except as specified, to report whether they have provided pro bono legal services during the calendar year, as specified. This bill makes this information confidential, except that it authorizes the State Bar to publish a report of the information in the aggregate and in an anonymized fashion.

ANALYSIS:

Existing law:

1. Requires all attorneys who practice law in California to be licensed by the State Bar and establishes the State Bar, within the judicial branch of state government, for the purpose of regulating the legal profession. (Cal. const., art. VI, § 9; Bus. & Prof. Code § 6000 et seq.^[1])
   1. The Legislature sets the annual fees. (§ 6140 & 6141.)
   2. The State Bar is governed by the Board of Trustees of the State Bar (Board). (§ 6010 et seq.; § 6016.)
2. 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.
   1. Every lawyer authorized and privileged to practice law in California is expected to make a contribution. In some circumstances, it may not be feasible for a lawyer to directly provide pro bono services.
   2. In those circumstances, lawyers may instead fulfill their 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, lawyers should, at minimum, approximate the value of the hours of pro bono legal service that they 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.
   3. 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. (§ 6073.)
3. Defines “legal aid organization” to mean a nonprofit organization that provides civil legal services for the poor without charge. (§ 6159.51.)

This bill:

1. States that every lawyer should aspire to fulfill their individual commitment to provide pro bono legal services each year and contribute financially to California legal aid organizations pursuant to Section 6073.
2. Requires an active licensee to report whether they have provided pro bono legal services through the licensee’s My State Bar online profile on the State Bar’s internet website through a provided section where those hours are to be declared when payment of annual fees is due. Every licensee is required to report the following:
   1. amount of pro bono legal services hours performed during the calendar year preceding the year in which the annual fee is due; and
   2. hours of reduced fee legal services performed for a low-income individual, nonprofit organization, or public law library established under Section 6360 during the calendar year preceding the date the annual report is due.
3. The reporting requirement in 2), above, does not apply if a licensee is any of the following:
   1. 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;
   2. a full-time employee or an officer or elected official of the State of California, or political subdivision thereof, or the federal government; and
   3. prohibited by their current employer from performing pro bono legal services if the licensee declares this prohibition on their My State Bar online profile on the State Bar’s internet website through a provided section when payment of annual fees is due.
4. Requires the State Bar to retain and maintain the information reported pursuant to 2), above, for purposes of historical record for at least five years.
5. Provides that the information reported is confidential, but authorizes the State Bar to publish aggregated and anonymized reports based on the information received pursuant to 2), above.
6. Specifies that failure to comply with these requirements does not subject a licensee to disciplinary or administrative punishment.
7. Authorizes the State Bar to include, as part of the reporting requirement, options for active licensees who do not track their pro bono hours or reduced legal fee legal services hours or who decline to answer, to indicate that status when prompted to report.
8. Specifies that the State Bar cannot use any moneys received from the annual license fees collected pursuant to Section 6140 or 6141 for any costs associated with this provision.

Comments

In 1963 The U.S. Supreme Court stated that, “reason and reflection require us to recognize that in our adversary system of criminal justice, any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for [them] This seems to us to be an obvious truth.” (Gideon v. Wainwright (1963) 372 U.S. 335, 344.) This right to counsel has only been extended to criminal proceedings; however, the conception of a Civil Gideon right has been growing to provide legal counsel to indigent litigants in civil matters involving basic human needs. In 2009, Assemblymember Mike Feuer proposed that California embark on a project to put the Civil Gideon concept to the test. He introduced AB 590 (Feuer, Chapter 457, Statutes of 2009), the Sargent Shriver Civil Counsel Act, so named in honor of then-California First Lady Maria Shriver’s father, who was a major proponent of legal aid. AB 590 passed both houses of the Legislature on a bipartisan basis and was signed by then-Governor Schwarzenegger on October 11, 2009. The Shriver Project is funded by a $25 fee in various court filing fees and it is administered by the Judicial Council. Pursuant to the Act, legal aid agencies, in partnership with their local county courts, must present proposals to the Judicial Council. The proposals must focus on at least one of the civil matters identified as having such profound impact on litigants’ lives that legal counsel should be appointed: housing-related matters, domestic violence and civil harassment restraining orders, probate conservatorships, guardianships of the person, elder abuse, or actions by a parent to obtain sole legal or physical custody of a child.

According to a 2023 report from the American Bar Association (ABA) there are fewer than three civil legal aid attorneys available to provide free legal help for every 10,000 Americans living in poverty.^[2] The California Access to Justice Commission, a supporter of this bill, notes on their website that:

The gaps in access to counsel include persons with incomes below the poverty line and those who still cannot afford representation, but do not qualify for legal aid services. As a result, the Commission encourages lawyers to offer low-cost legal representation, including reduced rate and limited scope legal assistance where appropriate, and provides materials that can help those lawyers operate an effective and efficient low-cost law practice serving a modest means clientele.^[3]

The State Bar currently urges all lawyers to provide a minimum of 50 hours of pro bono legal services annually; however, currently there is no way to measure if this goal is being met or not. This bill seeks to incentivize attorneys in this state to provide legal services by requiring every active licensee of the State Bar, with certain exceptions, to report whether they have provided pro bono legal services during the calendar year.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 6/12/24)

Legal Aid Association of California (source)
Affordable Housing Advocates

Alameda County Homeless Action Center

Asian Americans Advancing Justice - Asian Law Caucus

California Access to Justice Commission

California Advocated for Nursing Home Reform

Center for Human Rights and Constitutional Law

Clarkson Law Firm

Coalition of California Welfare Rights Organizations

Community Legal Aid SoCal

Deborah L. Rhode Center on the Legal Profession

Disability Rights California

Elderly Care Everywhere

Inland Counties Legal Services Inc.

Inner City Law Center

Lawyers' Committee for Civil Rights of the San Francisco Bay Area

Legal Aid Foundation of Los Angeles

Legal Aid Society of San Diego

Legal Services of Northern California

Los Angeles Center for Law and Justice

Morrison & Foerster LLP

Neighborhood Legal Services of Los Angeles County

Orrick, Herrington & Sutcliffe LLP

Public Counsel

The Law Foundation of Silicon Valley

Western Center on Law & Poverty, Inc.

Worksafe

OPPOSITION: (Verified 6/12/24)

None received

ARGUMENTS IN SUPPORT: According to the author:

AB 2505 will help increase access to legal aid for low income Californians, which has been shown to provide a tremendous benefit to low-income litigants. This bill will add reporting requirements for all licensed attorneys in California, which will incentivize lawyers to provide critical legal services to those in need.

The Legal Aid Association of California, the sponsor of this bill, writes that:

California has fallen behind other states’ efforts to expand access to civil legal services through pro bono work. As it stands, the California Bar strongly encourages all licensed attorneys to annually provide 50 hours of pro bono legal services. However, because there is no reporting requirement, the state has no way to even measure the percentage of attorneys meeting or surpassing this goal.

This bill helps close the justice gap by increasing pro bono legal work by adding pro bono reporting requirements for practicing attorneys as part of their licensing fees paying process. California is behind other states in utilizing this tool to increase access to civil legal services. While it does not require licensed attorneys to complete pro bono hours, it has had the effect in other states of increasing the number of hours lawyers spend on indigent civil defense work.

ASSEMBLY FLOOR: 62-4, 5/13/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Davies, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Haney, Hart, Holden, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Pellerin, Petrie-Norris, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NOES: Gallagher, Jim Patterson, Joe Patterson, Sanchez

NO VOTE RECORDED: Bauer-Kahan, Chen, Megan Dahle, Dixon, Essayli, Flora, Vince Fong, Grayson, Hoover, Lackey, Mathis, McCarty, Quirk-Silva, Ta

Prepared by: Amanda Mattson / JUD. / (916) 651-4113

6/14/24 10:43:01

**** END ****

1. All further references are to the Business and Professions Code unless otherwise stated. ↑

2. Karen Sloan, Civil legal aid attorneys in short supply, ABA report finds, Reuters (Nov. 30, 2023), available at https://www.reuters.com/legal/government/civil-legal-aid-attorneys-short-supply-aba-report-finds-2023-11-30/. ↑

3. Cal. Access to Justice Commission, About, https://calatj.org/about. ↑

SENATE JUDICIARY COMMITTEE

Senator Thomas Umberg, Chair

2023-2024 Regular Session

Bill No: AB 2505 (Author:Gabriel)

Version: May 30, 2024

Hearing Date: June 11, 2024

Fiscal: No

Urgency: No

Consultant: AM

SUBJECT

Attorneys: pro bono legal services

DIGEST

This bill requires every active licensee of the California State Bar, except as specified, to report whether they have provided pro bono legal services during the calendar year, as specified. The bill makes this information confidential, except that it authorizes the State Bar to publish a report of the information in the aggregate and in an anonymized fashion.

EXECUTIVE SUMMARY

Existing law provides that every lawyer authorized and privileged to practice law in this state is expected to provide voluntary pro bono legal services to those who cannot afford the help of a lawyer or make a contribution to organizations that provide such services if the licensee is unable to provide those services themselves. This bill seeks to encourage attorneys licensed in California to fulfill their duty of providing and supporting pro bono legal services by requiring licensees to report to the State Bar on the pro bono legal services they have provided in the calendar year. This bill is sponsored by the Legal Aid Association of California and is supported by numerous legal aid organizations. No timely opposition was received by the Committee.

PROPOSED CHANGES TO THE LAW

Existing law:

1. Requires all attorneys who practice law in California to be licensed by the State Bar and establishes the State Bar, within the judicial branch of state government, for the purpose of regulating the legal profession. (Cal. const., art. VI, § 9; Bus. & Prof. Code § 6000 et seq.^[1])
   1. The Legislature sets the annual fees. (§ 6140 & 6141.)
   2. The State Bar is governed by the Board of Trustees of the State Bar (Board). (§ 6010 et seq.; § 6016.)
2. 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.
   1. Every lawyer authorized and privileged to practice law in California is expected to make a contribution. In some circumstances, it may not be feasible for a lawyer to directly provide pro bono services.
   2. In those circumstances, lawyers may instead fulfill their 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, lawyers should, at minimum, approximate the value of the hours of pro bono legal service that they 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.
   3. 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. (§ 6073.)
3. Defines “legal aid organization” to mean a nonprofit organization that provides civil legal services for the poor without charge. (§ 6159.51.)

This bill:

1. States that every lawyer should aspire to fulfill their individual commitment to provide pro bono legal services each year and contribute financially to California legal aid organizations pursuant to Section 6073.
2. Requires an active licensee to report whether they have provided pro bono legal services through the licensee’s My State Bar online profile on the State Bar’s internet website through a provided section where those hours are to be declared when payment of annual fees is due. Every licensee is required to report the following:
   1. amount of pro bono legal services hours performed during the calendar year preceding the year in which the annual fee is due; and
   2. hours of reduced fee legal services performed for a low-income individual, nonprofit organization, or public law library established under Section 6360 during the calendar year preceding the date the annual report is due.
3. The reporting requirement in 2), above, does not apply if a licensee is any of the following:
   1. 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;
   2. a full-time employee or an officer or elected official of the State of California, or political subdivision thereof, or the federal government; and
   3. prohibited by their current employer from performing pro bono legal services if the licensee declares this prohibition on their My State Bar online profile on the State Bar’s internet website through a provided section when payment of annual fees is due.
4. Requires the State Bar to retain and maintain the information reported pursuant to 2), above, for purposes of historical record for at least five years.
5. Provides that the information reported pursuant to subdivision (b) is confidential.
   1. Authorizes the State Bar to publish aggregated and anonymized reports based on the information received pursuant to 2), above.
6. Specifies that failure to comply with these requirements does not subject a licensee to disciplinary or administrative punishment.
7. Specifies that the State Bar cannot use any moneys received from the annual license fees collected pursuant to Section 6140 or 6141 for any costs associated with this provision.
8. Defines various terms for these purposes.

COMMENTS

1. Stated need for the bill

The author writes:

AB 2505 will help increase access to legal aid for low income Californians, which has been shown to provide a tremendous benefit to low-income litigants. This bill will add reporting requirements for all licensed attorneys in California, which will incentivize lawyers to provide critical legal services to those in need.

1. Legal services

In 1963 The U.S. Supreme Court stated that “reason and reflection require us to recognize that in our adversary system of criminal justice, any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for [them] This seems to us to be an obvious truth.” (Gideon v. Wainwright (1963) 372 U.S. 335, 344.) This right to counsel has only been extended to criminal proceedings; however, the conception of a Civil Gideon right has been growing to provide legal counsel to indigent litigants in civil matters involving basic human needs. In 2009, Assemblymember Mike Feuer proposed that California embark on a project to put the Civil Gideon concept to the test. He introduced AB 590 (Ch. 457, Stats. 2009), the Sargent Shriver Civil Counsel Act, so named in honor of then-California First Lady Maria Shriver’s father, who was a major proponent of legal aid. AB 590 passed both houses of the Legislature on a bipartisan basis and was signed by then-Governor Schwarzenegger on October 11, 2009. The Shriver Project is funded by a $25 fee in various court filing fees and it is administered by the Judicial Council. Pursuant to the Act, legal aid agencies, in partnership with their local county courts, must present proposals to the Judicial Council. The proposals must focus on at least one of the civil matters identified as having such profound impact on litigants’ lives that legal counsel should be appointed: housing-related matters, domestic violence and civil harassment restraining orders, probate conservatorships, guardianships of the person, elder abuse, or actions by a parent to obtain sole legal or physical custody of a child.

According to a 2023 report from the American Bar Association (ABA) there are fewer than three civil legal aid attorneys available to provide free legal help for every 10,000 Americans living in poverty.^[2] The California Access to Justice Commission, a supporter of this bill, notes on their website that:

The gaps in access to counsel include persons with incomes below the poverty line and those who still cannot afford representation, but do not qualify for legal aid services. As a result, the Commission encourages lawyers to offer low-cost legal representation, including reduced rate and limited scope legal assistance where appropriate, and provides materials that can help those lawyers operate an effective and efficient low-cost law practice serving a modest means clientele.^[3]

The State Bar currently urges all lawyers to provide a minimum of 50 hours of pro bono legal services annually; however, currently there is no way to measure if this goal is being met or not. This bill seeks to incentivize attorneys in this state to provide legal services by requiring every active licensee of the State Bar, with certain exceptions, to report whether they have provided pro bono legal services during the calendar year.

The Legal Aid Association of California, the sponsor of this bill, writes that:

California has fallen behind other states’ efforts to expand access to civil legal services through pro bono work. As it stands, the California Bar strongly encourages all licensed attorneys to annually provide 50 hours of pro bono legal services. However, because there is no reporting requirement, the state has no way to even measure the percentage of attorneys meeting or surpassing this goal.

This bill helps close the justice gap by increasing pro bono legal work by adding pro bono reporting requirements for practicing attorneys as part of their licensing fees paying process. California is behind other states in utilizing this tool to increase access to civil legal services. While it does not require licensed attorneys to complete pro bono hours, it has had the effect in other states of increasing the number of hours lawyers spend on indigent civil defense work.

The ABA reports that 10 states currently have mandatory pro-bono reporting requirements, including Florida, Hawaii, Illinois, and New York. The ABA also notes that mandatory pro-bono reporting provides data essential for the design of successful programs, creates positive peer pressure, encourages fulfillment of professional responsibility, and may raise awareness of the need for free or reduced fee legal services, and raise awareness of opportunities for pro bono involvement.^[4]

The bill specifically states that the State Bar cannot use any moneys received from the annual license fees to cover the cost of implementing this bill. Exiting law requires any lawyer who handles client funds that are in amounts too small or held too briefly to earn interest for the client to participate in the Interest on Lawyers’ Trust Accounts (IOLTA) program. The interest earned from pooled IOLTA is provided by the State Bar to various legal services programs in the state and benefits nearly 100 nonprofit legal service organizations throughout California. This program seeks to increases access to justice for individuals and families living in poverty and improves our justice system. As the pro bono reporting requirement under this bill is designed to help encourage the provision of legal services to those unable to afford them, it seems that funding the reporting requirement from IOLTA funds may be appropriate, so long as the legal services community does not have any apprehensions. Additionally, the State Bar receives grants for various purposes, including access to justice and legal services, and it is plausible that this reporting requirement may be able to be funded by some of those funds as well. The author may wish to clarify as the bill moves through the Legislative process.

1. Proposed author amendment to address concerns raised by the California Lawyers Association

Some concerns have been raised by the California Lawyers Association regarding the lack of a decline to state or did not track option in regards to the pro-bono reporting requirement contained in the bill. To address this concern, the author has offered to amend the bill to authorize the State Bar to include, as part of the reporting requirement under the bill, options for active licensees who do not track their pro bono hours or reduced fee legal services hours, or who declines to answer to indicate such status when prompted to report.

1. Statements in support

Disability Rights California, a supporter of the bill, writes:

Disability Rights California works with law firms, attorneys and others who provide pro bono or volunteer assistance on disability related civil and service rights matters. Our work would not be possible without the generous contributions of many volunteers and pro bono counsel to meet the needs of our client communities. In 2020, there was a drop in pro bono volunteers due to the COVID pandemic, and we will never know the full loss to our community or who is coming back and recommitting to pro bono. With statewide data, and a full understanding of various demographics, we can, as a community, work to increase pro bono contributions. Additionally, and importantly, attorneys are able to contribute financially to meet their pro bono responsibility when they are unable to give their time. We hope that the mandatory reporting requirement reminds attorneys they can always contribute financially to support the civil legal aid system.

SUPPORT

Legal Aid Association of California (sponsor)
Affordable Housing Advocates

Alameda County Homeless Action Center

Asian Americans Advancing Justice - Asian Law Caucus

California Access to Justice Commission

California Advocated for Nursing Home Reform

Coalition of California Welfare Rights Organizations

Community Legal Aid SoCal

Deborah L. Rhode Center on the Legal Profession

Disability Rights California

Elderly Care Everywhere

Inland Counties Legal Services INC.

Inner City Law Center

Lawyers' Committee for Civil Rights of the San Francisco Bay Area

Legal Aid Foundation of Los Angeles

Legal Aid Society of San Diego

Legal Services of Northern California

Los Angeles Center for Law and Justice

Neighborhood Legal Services of Los Angeles County

Public Counsel

The Law Foundation of Silicon Valley

Western Center on Law & Poverty, Inc.

Worksafe

OPPOSITION

None received

RELATED LEGISLATION

Pending Legislation: AB 3279 (Committee on Judiciary, 2024) is the annual State Bar fee license bill. AB 3279 is currently pending in the Senate Judiciary Committee.

Prior Legislation: None known.

PRIOR VOTES

Assembly Floor (Ayes 62, Noes 4)

Assembly Judiciary Committee (Ayes 10, Noes 1)

**************

1. All further references are to the Business and Professions Code unless otherwise stated. ↑

2. Karen Sloan, Civil legal aid attorneys in short supply, ABA report finds, Reuters (Nov. 30, 2023), available at https://www.reuters.com/legal/government/civil-legal-aid-attorneys-short-supply-aba-report-finds-2023-11-30/. ↑

3. Cal. Access to Justice Commission, About, https://calatj.org/about. ↑

4. ABA, Pro Bono Reporting, https://www.americanbar.org/groups/probono_public_service/policy/arguments/. ↑

ASSEMBLY THIRD READING

ATR Bill Id:AB 2505

Author:(Gabriel)

As Amended Ver:March 18, 2024

Majority vote

SUMMARY

Requires attorneys with active licenses to submit an annual report detailing how many pro bono hours they completed in the preceding calendar year.

Major Provisions

1. Defines the following for the purposes of this bill:
   1. "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's Official State Income Limits as set forth on the State of California's internet website.
   2. "Pro bono legal services" means providing or enabling the direct delivery of legal services without expectation of compensation from the client other than reimbursement of expenses to any of the following:
      1. An indigent person, as defined in the specified section of the Business and Professions Code;
      2. A charitable, religious, civic, community, governmental, or educational organization in matters that are designed primarily to address the needs of persons of limited means;
      3. A charitable, religious, civic, community, governmental, or educational organization in matters in furtherance of their organizational purposes.
   3. "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 defined above.
2. Requires an active licensee to report whether they have provided pro bono legal services through the licensee's My State Bar online profile on the State Bar's internet website through a provided section where those hours shall be declared when payment of annual fees is due. Requires each licensee to report the following:
   1. Amount of pro bono legal services hours performed during the calendar year preceding the year in which the annual fee is due;
   2. Hours of reduced fee legal services performed for a low-income individual, nonprofit organization, or public law library established under the specified section of the Business and Professions Code during the calendar year preceding the date the annual report is due.
3. Exempts the following licensees from the reporting requirement in 2):
   1. A licensee 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, legal aid organizations, and nonprofit public benefit corporations, as authorized by the specified section of the Corporations Code;
   2. A licensee who is a full-time employee or an officer or elected official of the State of California, or political subdivision thereof, or the federal government.
   3. A licensee who is prohibited by their current employer from performing pro bono legal services if the licensee declares this prohibition on their My State Bar online profile on the State Bar's internet website through a provided section when payment of annual fees is due.
4. Requires the State Bar to retain and maintain the information reported pursuant to 2) for purposes of historical record for at least five years.
5. Makes the information reported pursuant to 2) confidential.
6. Authorizes the State Bar to publish aggregated and anonymized reports based on the information received pursuant to 2).
7. Establishes that the failure of a licensee of the State Bar to comply with any of the above provisions is not grounds for disciplinary or administrative recourse.
8. Prohibits the State Bar from utilizing any funds received from the annual license fee collected pursuant to specified sections of the Business and Professions Code for any costs associated with the above provisions.

COMMENTS

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. While access to legal services can be pivotal to people's ability to access and maintain basic needs such as housing, workplace rights, immigration legal services, and health care services, too often a person's lack of funds can stand in the way to their access to justice.

According to the American Bar Association (ABA), 10 states already require attorneys to report their pro bono hours and another 13 have implemented voluntary pro bono reporting systems. The ABA lists a myriad of benefits of mandatory pro bono reporting, including creating positive peer pressure to complete pro bono hours, promoting increased access to justice and the courts as well as overall involvement in pro bono work, encouraging the fulfillment of attorneys' professional responsibility, raising awareness of the need for free or reduced fee legal services, and engendering confidence in the bar. (Policy: Pro Bono reporting (American Bar Association) available at: https://www.americanbar.org/groups/probono_public_service/policy/arguments/.)

This bill requires attorneys with active licenses to report how much pro bono work they have completed each year. The reported data would capture both the amount of pro bono legal services hours, as well as the amount of hours spent completing legal services at a reduced fee. While the reporting would be mandatory, there would not be any penalty associated either an attorney's failure to complete any pro bono hours or failure to complete the annual report. Both of these allowances appear reasonable. The bill does not intend to mandate attorneys throughout the state complete any pro bono hours, but rather to gather data regarding how many hours are completed. The data collected by the Bar would be confidential, but the Bar would be authorized to publish a report, provided that the information be aggregated and anonymized. By making the reporting confidential, the program seems well positioned to capture accurate data and avoid reporting attorneys inflating their numbers to avoid public shaming.

According to the Author

AB 2505 will help increase access to legal aid for low income Californians, which has been shown to provide a tremendous benefit to low-income litigants. This bill will add reporting requirements for all licensed attorneys in California, which will incentivize lawyers to provide critical legal services to those in need.

Arguments in Support

This bill is sponsored by the Legal Aid Association of California and is supported by several legal aid organizations. According to Neighborhood Legal Services of Los Angeles County (NLSLA):

Although our organization has a robust pro bono practice, we still cannot meet all of the needs of those seeking help from NLSLA. With statewide data, and a full understanding of various demographics, we can, as a community, work to increase pro bono contributions. We also believe that an ancillary benefit of mandatory reporting will be to raise awareness of the need for pro bono help and help to encourage those attorneys not currently engaged in pro bono to consider how they can get involved. Additionally, and importantly, attorneys are able to contribute financially to meet their pro bono responsibility when they are unable to give their time. We hope that the mandatory reporting requirement reminds attorneys they can always contribute financially to support the civil legal aid system.

The state of California has both a knowledge and service gap when it comes to access to civil legal services. Legal aid providers are overburdened and underutilized. According to the California State Bar's most recent study on access to justice, there are both significant gaps in service and knowledge of the existence of those services. By making pro bono reporting mandatory, there is a hope it will stimulate interest in the private bar into ways they can give back to their communities. As legal aid organizations throughout the State are well aware, there is a huge need for all types of legal services, from counsel and advice to clinic services to full scope representation. This bill will hopefully raise awareness within the private bar of the different roles they can play to help close the access to justice gap.

Unfortunately, California has fallen behind other states' efforts to expand access to civil legal services through pro bono work. As it stands, the California Bar strongly encourages all licensed attorneys to annually provide 50 hours of pro bono legal services. However, because there is no reporting requirement, the state has no way to even measure the percentage of attorneys meeting or surpassing this goal. Anecdotally, we believe a very small percentage of licensed attorneys are satisfying this 50-hour goal, but without reporting, we have no way to confirm that belief.

It is our hope that this bill will help close the justice gap by increasing pro bono legal work by raising awareness of the demand that exists for legal services the private bar can help fill. California is behind other states in utilizing this tool to increase access to civil legal services. While it does not require licensed attorneys to complete pro bono hours, it has had the effect in other states of increasing the number of hours lawyers spend on indigent civil defense work.

Arguments in Opposition

No opposition on file.

FISCAL COMMENTS

None.

VOTES

ASM JUDICIARY: 10-1-1

YES: Kalra, Bauer-Kahan, Bryan, Connolly, Haney, Maienschein, McKinnor, Pacheco, Reyes, Waldron

NO: Dixon

ABS, ABST OR NV: Sanchez

UPDATED

VERSION: March 18, 2024

CONSULTANT: Manuela Boucher-de la Cadena / JUD. / (916) 319-2334 FN: 0002686

Date of Hearing: April 2, 2024

ASSEMBLY COMMITTEE ON JUDICIARY

Ash Kalra, Chair

ABPCA Bill Id:AB 2505

Author:(Gabriel) – As Amended Ver:March 18, 2024

As Proposed to be Amended

SUBJECT: Attorneys: pro bono legal services

KEY ISSUE: SHOULD CALIFORNIA ATTORNEYS WITH ACTIVE LICENSES BE REQUIRED TO REPORT HOW MANY PRO BONO HOURS THEY COMPLETE ON AN ANNUAL BASIS?

SYNOPSIS

Completing pro bono work or services for reduced legal fees has long been an established expectation of California’s licensed attorneys. Particularly as the cost of living has continued to rise alongside the price of accessing the legal system, legal aid organizations have strained under the weight of demand for their services. With an eye towards both encouraging licensed attorneys to engage in more pro bono work, and gathering data to structure potential future programs, this bill would require attorneys with active licenses to report whether they have provided pro bono legal services at the time of their annual license renewal. The reported data would capture both the amount of pro bono legal services hours that are performed, as well as the amount of hours spent completing “other legal public services activities,” such as reduced fee legal services. While the reporting would be mandatory, there would not be any penalty associated either with an attorney’s failure to complete any pro bono hours, or their failure to complete the annual report.

As currently in print, the bill does not specify how costs associated with the ramp-up of this new program are to be funded. The State Bar has reported experiencing significant financial strain for the past few years and continuing into 2024, and has accordingly proposed to increase annual licensing fees by $125. In order to ensure that the State Bar is able to cover all their already-identified costs, the author proposes to amend the bill to prohibit any costs associated with this new program from being covered by the annual licensing fee. This, along with various other clarifying amendments, are reflected in the SUMMARY and COMMENTS below. This bill is sponsored by the Legal Aid Association of California and is supported by several legal aid organizations.

SUMMARY: Requires attorneys with active licenses to submit an annual report detailing how many pro bono hours they completed in the preceding calendar year. Specifically, this bill:

1. Defines the following for the purposes of this bill:
   1. “Legal aid organization” has the meaning provided in the specified section of the Business and Professions Code
   2. “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’s Official State Income Limits as set forth on the State of California’s internet website.
   3. “Pro bono legal services” means providing or enabling the direct delivery of legal services without expectation of compensation from the client other than reimbursement of expenses to any of the following:
      1. An indigent person, as defined in the specified section of the Business and Professions Code;
      2. A charitable, religious, civic, community, governmental, or educational organization in matters that are designed primarily to address the needs of persons of limited means;
      3. A charitable, religious, civic, community, governmental, or educational organization in matters in furtherance of their organizational purposes.
   4. “Pro bono legal services” does not include legal services written off as bad debts.
   5. “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 defined in c).
2. Restates existing law establishing that every lawyer should aspire to fulfill their individual commitment to provide pro bono legal services each year and contribute financially to California legal aid organizations.
3. Requires an active licensee to report whether they have provided pro bono legal services through the licensee’s My State Bar online profile on the State Bar’s internet website through a provided section where those hours shall be declared when payment of annual fees is due. Requires each licensee to report the following:
   1. Amount of pro bono legal services hours performed during the calendar year preceding the year in which the annual fee is due;
   2. Hours of reduced fee legal services performed for a low-income individual, nonprofit organization, or public law library established under the specified section of the Business and Professions Code during the calendar year preceding the date the annual report is due.
4. Exempts the following licensees from the reporting requirement in 3):
   1. A licensee 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, legal aid organizations, and nonprofit public benefit corporations, as authorized by the specified section of the Corporations Code;
   2. A licensee who is a full-time employee or an officer or elected official of the State of California, or political subdivision thereof, or the federal government.
   3. A licensee who is prohibited by their current employer from performing pro bono legal services if the licensee declares this prohibition on their My State Bar online profile on the State Bar’s internet website through a provided section when payment of annual fees is due.
5. Requires the State Bar to retain and maintain the information reported pursuant to 3) for purposes of historical record for at least five years.
6. Makes the information reported pursuant to 3) confidential.
7. Authorizes the State Bar to publish aggregated and anonymized reports based on the information received pursuant to 3).
8. Establishes that the failure of a licensee of the State Bar to comply with any of the above provisions is not grounds for disciplinary or administrative recourse.
9. Prohibits the State Bar from utilizing any funds received from the annual license fee collected pursuant to specified sections of the Business and Professions Code for any costs associated with the above provisions.

EXISTING LAW:

1. Requires all attorneys who practice law in California to be licensees of the State Bar and establishes the State Bar for the purpose of regulating the legal profession. Pursuant to the State Bar Act, requires the annual mandatory membership fee set by the Board to pay for discipline and other functions to be ratified by the Legislature. (Business and Professions Code Section 6000 et seq. Unless stated otherwise, all further statutory references refer to the Business and Professions Code.)
2. Defines “legal aid organization” to mean a nonprofit organization that provides civil legal services for the poor without charge. (Section 6159.51.)
3. Defines “indigent person” for purposes of the provision of legal services to indigent persons to mean a person whose income is (1) 200 percent or less of the current poverty threshold established by the United States Office of Management and Budget or (2) who is eligible for Supplemental Security Income or free services under the Older Americans Act or Developmentally Disabled Assistance Act. With regard to a project that provides free services of attorneys in private practice without compensation, “indigent person” also means a person whose income is 75 percent or less of the maximum levels of income for lower income households as defined in Section 50079.5 of the Health and Safety Code. For the purpose of this subdivision, the income of a person who is disabled shall be determined (1) after deducting the costs of medical and other disability-related special expenses and (2) after deducting disability compensation from the United States Veterans Administration paid to a veteran with a service-related disability. (Section 6213 (d).)
4. 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).)
5. Defines “pro bono legal services” under 4) 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).)
6. 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. Every lawyer authorized and privileged to practice law in California is expected 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 provide. In some circumstances, pro bono contributions may be measured collectively, as by a firm’s aggregate pro bono activities or financial contributions. 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. (Section 6073.)
7. Authorizes the State Bar to collect up to $390 in annual licensing fees from active members for the year 2024, and an additional $75 authorization to assess annually the following fees for a total annual fees bill of up to $465: $40 for the Client Security Fund; $25 for the disciplinary system; and $10 for the Lawyer Assistance Program. (Sections 6140, 6140.55, 6140.6, 6140.9.)
8. Authorizes the State Bar to collect up to $97.40 in annual membership fees from inactive members for a total annual dues bill of up to $137.40 for the year 2024, and $40 authorization to assess annually the following fees: $10 for the Client Security Fund; $25 for the disciplinary system; and $5 for the Lawyer Assistance Program. (Sections 6141, 6140.55, 6140.6, 6140.9.)

FISCAL EFFECT: As currently in print this bill is keyed non-fiscal.

COMMENTS: 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. While access to legal services can be pivotal to people’s ability to access and maintain basic needs such as housing, workplace rights, immigration legal services, and health care services, too often a person’s lack of funds can stand in the way to their access to justice.

According to the author:

AB 2505 will help increase access to legal aid for low income Californians, which has been shown to provide a tremendous benefit to low-income litigants. This bill will add reporting requirements for all licensed attorneys in California, which will incentivize lawyers to provide critical legal services to those in need.

According to the American Bar Association (ABA), ten states already require attorneys to report their pro bono hours and another 13 have implemented voluntary pro bono reporting systems. The ABA lists a myriad of benefits of mandatory pro bono reporting, including creating positive peer pressure to complete pro bono hours, promoting increased access to justice and the courts as well as overall involvement in pro bono work, encouraging the fulfillment of attorneys’ professional responsibility, raising awareness of the need for free or reduced fee legal services, and engendering confidence in the bar. (Policy: Pro Bono reporting (American Bar Association) available at: https://www.americanbar.org/groups/probono_public_service/policy/arguments/.)

This bill would require attorneys with active licenses to report how much pro bono work they have completed each year. The reported data would capture both the amount of pro bono legal services hours, as well as the amount of hours spent completing legal services at a reduced fee. While the reporting would be mandatory, there would not be any penalty associated either an attorney’s failure to complete any pro bono hours or failure to complete the annual report. Both of these allowances appear reasonable. The bill does not intend to mandate attorneys throughout the state complete any pro bono hours, but rather to gather data regarding how many hours are completed. The data collected by the Bar would be confidential, but the Bar would be authorized to publish a report, provided that the information be aggregated and anonymized. By making the reporting confidential, the program seems well positioned to capture accurate data and avoid reporting attorneys inflating their numbers to avoid public shaming.

Proposed amendments. The State Bar has endured a number of tribulations over the past several years, including scandals involving members of their leadership and significant financial hardships. On March 22^nd, the Bar formalized a request for an overall increase of their annual license fee of $125 per active licensee. In its press release, State Bar Board Chair Brandon Stallings stated: “Nearly a year ago, the State Auditor highlighted the State Bar’s unsustainable financial position and called for a fee increase[.] The need has only grown since then and will continue to grow. The State Bar has raised fees and used millions of dollars in building sale proceeds to delay the inevitable. We believe the reports approved today lay out the need in thorough, clear terms, and the Board is committed to working without our partners in the Legislature to ensure that the State Bar has the fiscal means to meet its public protection mission.” (Board of Trustees Approves 2025 Fee Increase Request, (The State Bar of California) March 22, 2024, available at: https://www.calbar.ca.gov/About-Us/News/News-Releases/board-of-trustees-approves-2025-fee-increase-request.)

In addition to funds obtained through the annual licensing fee, the State Bar also receives funding through grants, among other revenue sources. The Bar’s 2024 budget reports that 65.5% of its overall budget consists of grant funding, including the Equal Access Fund, the Justice Gap Fund, bank settlements, and federal awards which “fund the provision of free legal services to low-income Californians through several programs.” (2024 Budget Report: 2024 Revenue Overview, (The State Bar of California) available at: https://publications.calbar.ca.gov/2024-budget/2024-revenue-overview.) Therefore, rather than create another cost to be covered by the annual licensing fee, it seems appropriate to prohibit the use of those funds for any costs incurred as a result of spinning up this new reporting program and for the Bar to instead rely on other sources of funding already utilized to support free legal services. This amendment would read as follows:

6073.2. […] (g) The State Bar shall not utilize any funds received from the annual license fee collected pursuant to either Section 6140 or 6141 for any costs associated with this section.

The author also proposes to amend the definition of “pro bono legal services” to capture pro bono hours spent providing legal services to organizations, such as environmental protection organizations, that are not provided for an individual person but instead to further the interests of the organization themselves. The amendment is as follows:

6073.1. For purposes of this article, the following definitions apply:

(d) (1) “Pro bono legal services” means providing or enabling the direct delivery of legal services without expectation of compensation from the client other than reimbursement of expenses to any of the following:

[…]

(C) Charitable, religious, civic, community, governmental, or educational organizations in matters in furtherance of their organizational purposes.

The author also proposes amendments to 1) clarify exemptions to the reporting requirement to capture attorneys employed at various levels of government, 2) remove references to “other legal public service activities” in order to explicitly focus reporting on pro bono and services provided at a reduced legal fee, 3) amend a cross reference to the definition of “indigent person” to properly reference the definition existing in statute relating to funds for the provision of legal services to indigent persons and 4) various technical clarifying amendments.

ARGUMENTS IN SUPPORT: This bill is sponsored by the Legal Aid Association of California and is supported by several legal aid organizations. According to Neighborhood Legal Services of Los Angeles County:

Although our organization has a robust pro bono practice, we still cannot meet all of the needs of those seeking help from NLSLA. With statewide data, and a full understanding of various demographics, we can, as a community, work to increase pro bono contributions. We also believe that an ancillary benefit of mandatory reporting will be to raise awareness of the need for pro bono help and help to encourage those attorneys not currently engaged in pro bono to consider how they can get involved. Additionally, and importantly, attorneys are able to contribute financially to meet their pro bono responsibility when they are unable to give their time. We hope that the mandatory reporting requirement reminds attorneys they can always contribute financially to support the civil legal aid system.

The state of California has both a knowledge and service gap when it comes to access to civil legal services. Legal aid providers are overburdened and underutilized. According to the California State Bar’s most recent study on access to justice, there are both significant gaps in service and knowledge of the existence of those services. By making pro bono reporting mandatory, there is a hope it will stimulate interest in the private bar into ways they can give back to their communities. As legal aid organizations throughout the State are well aware, there is a huge need for all types of legal services, from counsel and advice to clinic services to full scope representation. This bill will hopefully raise awareness within the private bar of the different roles they can play to help close the access to justice gap.

Unfortunately, California has fallen behind other states’ efforts to expand access to civil legal services through pro bono work. As it stands, the California Bar strongly encourages all licensed attorneys to annually provide 50 hours of pro bono legal services. However, because there is no reporting requirement, the state has no way to even measure the percentage of attorneys meeting or surpassing this goal. Anecdotally, we believe a very small percentage of licensed attorneys are satisfying this 50-hour goal, but without reporting, we have no way to confirm that belief.

It is our hope that this bill will help close the justice gap by increasing pro bono legal work by raising awareness of the demand that exists for legal services the private bar can help fill. California is behind other states in utilizing this tool to increase access to civil legal services. While it does not require licensed attorneys to complete pro bono hours, it has had the effect in other states of increasing the number of hours lawyers spend on indigent civil defense work.

REGISTERED SUPPORT / OPPOSITION:

Support

Legal Aid Association of California (sponsor)

Alameda County Homeless Action Center
Bet Tzedek Legal Services
California Access to Justice Commission
Disability Rights California

Legal Aid Society of San Diego
Legal Services of Northern California
Los Angeles Center for Law and Justice
Neighborhood Legal Services of Los Angeles County

Public Counsel

Worksafe

Opposition

None on file

Analysis Prepared by: Manuela Boucher-de la Cadena / JUD. / (916) 319-2334