Bill Text: CA SB1257 | 2015-2016 | Regular Session | Enrolled
Bill Title: State Bar: admission: license: pro bono service requirement.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2016-11-30 - Last day to consider Governor's veto pursuant to Joint Rule 58.5. [SB1257 Detail]
Download: California-2015-SB1257-Enrolled.html
BILL NUMBER: SB 1257 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 15, 2016
PASSED THE ASSEMBLY AUGUST 4, 2016
AMENDED IN ASSEMBLY JUNE 30, 2016
AMENDED IN ASSEMBLY JUNE 23, 2016
AMENDED IN ASSEMBLY MAY 31, 2016
AMENDED IN SENATE MAY 3, 2016
INTRODUCED BY Senator Block
FEBRUARY 18, 2016
An act to add Section 6060.1.5 to the Business and Professions
Code, relating to the State Bar Act.
LEGISLATIVE COUNSEL'S DIGEST
SB 1257, Block. State Bar: admission: license: pro bono service
requirement.
Existing law, the State Bar Act, requires an applicant for
admission and a license to practice law, to meet certain
requirements, including, but not limited to, having completed certain
legal education in a law school, law office, or judge's chambers,
passed an examination in professional responsibility, and passed the
general bar examination. Existing law prohibits a person from
practicing law in this state unless he or she is an active member of
the State Bar.
This bill would additionally require an applicant, prior to
admission, to complete at least 50 hours of supervised pro bono legal
service, as specified, in order to supplement the applicant's legal
education with practical legal work experience. Upon completion of
the pro bono legal service requirement, the bill would require an
applicant and the supervisor, as defined, to complete and sign a form
confirming completion of the pro bono service. The bill would
require the State Bar to adopt rules for the retention of the
certification forms. The bill would authorize the State Bar to create
the form upon which an applicant can report completion of pro bono
service. The bill would require the State Bar to randomly audit
submitted forms to ensure compliance with these provisions. The bill
would provide that these provisions apply to all applicants who enter
law school on or after January 1, 2018.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6060.1.5 is added to the Business and
Professions Code, to read:
6060.1.5. (a) In addition to satisfying the requirements in
Section 6060, irrespective of the manner or law school in which an
applicant acquires his or her legal education, an applicant for
admission and a license to practice shall complete at least 50 hours
of pro bono legal service prior to admission. The purpose of this pro
bono legal service requirement is to supplement the applicant's
legal education with practical legal work experience and expose the
applicant to the professional value of pro bono legal service for the
public good.
(b) All qualifying pro bono legal service shall be performed under
the supervision of one of the following:
(1) A member of a law school faculty, including part-time faculty,
or an instructor employed by a law school.
(2) A person with the appropriate licensing to represent the
client before the relevant judicial body or government agency, which
includes, but is not limited to, an active licensed attorney in good
standing.
(3) An active licensed attorney in good standing.
(c) For the purposes of this section, the following definitions
shall apply:
(1) "Pro bono legal service" means work without compensation from
the client who receives the legal service that is designed to benefit
the public interest or persons who are indigent or of modest means
for one of the individuals, organizations, or programs listed in
subdivision (d) that is for one of the following purposes:
(A) To secure or promote access to justice, including, but not
limited to, the protection of civil rights, civil liberties, or
public rights.
(B) To address the economic, health, and social needs of persons
who are indigent or of modest means.
(C) To further the purpose of a charitable, civic, community,
governmental, or educational organization where payment of the market
rate for legal fees would significantly deplete the organization's
resources or would otherwise be inappropriate.
(2) "Modest means" means low income, very low income, or extremely
low income under the official state income limits established by the
Department of Housing and Community Development under Section 50093
of the Health and Safety Code or under comparable official state
income limits in another United States jurisdiction.
(3) "Attorney incubator program" means a postgraduate training
program that teaches attorneys how to form, develop, and sustain law
firms.
(d) Pro bono legal service shall be performed with or for any of
the following:
(1) A "legal aid organization," as defined by Section 6159.51, or
a qualified legal services project or a qualified support center, as
defined in Section 6213.
(2) A nonprofit organization.
(3) A charitable, civic, community, governmental, or educational
organization.
(4) An externship, law school clinic or other placement approved
for credit hours by a law school, or law school-sponsored project, in
which the applicant is assigned work that otherwise meets the
criteria of this section.
(5) A law firm, including a solo practitioner, or other legal
services provider where the applicant is assigned work that otherwise
meets the criteria of this section.
(6) A State Bar-certified lawyer referral and information services
panel that provides legal services to the indigent or persons of
modest means without charge or for less than market rate.
(7) An attorney incubator program or nonprofit law corporation
affiliated with a law school or bar association that provides legal
services to the indigent or persons of modest means without charge or
for less than market rate.
(e) Nothing in this section prohibits an applicant from receiving
compensation, including, but not limited to, a salary, for performing
pro bono legal service that is paid by a person or entity other than
the client who receives the pro bono legal service.
(f) Subject to subdivision (b), the 50 hours of pro bono legal
service, or any portion thereof, may be completed in any state or
territory of the United States, the District of Columbia, or any
foreign country.
(g) The 50 hours of pro bono legal service shall be provided after
the commencement of the applicant's legal studies, and prior to
admission.
(h) (1) Upon completion of the pro bono legal service requirement,
an applicant shall complete a form describing the nature and dates
of pro bono legal service and the number of hours completed and
submit the form to the State Bar. Both the applicant and the
supervising attorney or active judge shall sign the form. The State
Bar shall adopt rules for its retention of the certification forms.
(2) The State Bar may create the form upon which the applicant can
report completion of pro bono legal service.
(i) No applicant may satisfy any part of the 50-hour requirement
by participating in any partisan political activities.
(j) The requirements of this section do not apply to:
(1) An applicant who is already admitted to practice in any state,
territory, or foreign jurisdiction.
(2) An applicant who has earned a J.D. or its equivalent in a
foreign jurisdiction and is qualified to practice without a separate
admission process in that jurisdiction.
(3) An applicant qualifying for admission by completion of an
LL.M. degree program.
(k) (1) Each law school shall publicly disclose on its Internet
Web site through a link from the Internet Web site homepage of the
law school under "Pro Bono Legal Service Requirement for Law
Students," all of the following information:
(A) A description of the requirements of this section.
(B) Links to programs available to students at the school and in
the local community that provide opportunities for pro bono legal
service and allow students to comply with the requirements of this
section.
(C) To the extent practicable, information about times and dates
when the programs are open or available to students that have been
provided to the law school by the pro bono legal service program.
(2) Each law school shall provide an initial link to the above
information to the State Bar no later than January 1, 2018, and shall
maintain updated links to qualifying school and community programs
on an annual basis.
(l) The State Bar shall publicly disclose on its Internet Web
site, with a link from the "Future Lawyers" or "Admissions" Internet
Web page of the State Bar under "Pro Bono Legal Service Requirement
for Law Students," all of the following information:
(1) A description of the requirements of this section.
(2) A link to the information described in paragraph (1) of
subdivision (k) for each law school in the state that provides its
link to that information to the State Bar pursuant to paragraph (2)
of subdivision (k).
(m) Pursuant to rules adopted under subdivision (g), the State Bar
shall randomly audit the compliance documentation applicants submit
to ensure its consistency with the criteria in paragraph (1) of
subdivision (c). This section shall not require the State Bar to
audit or investigate any service providers for which work was done by
an applicant or to evaluate the substance of any work that was done
by an applicant.
(n) The requirements of this section shall apply to all applicants
who enter law school on or after January 1, 2018.
