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 provided. 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.
AttorneysPro Bono Services
Section § 6073
Lawyers in California are encouraged to offer free legal services, known as pro bono work, to people who can't afford a lawyer. If a lawyer can't directly provide these services, they should at least donate money to groups that offer free legal help. This donation should be roughly equal to the value of the time they would have spent on pro bono work. Sometimes, law firms as a whole can contribute to this effort. Lawyers can also help by engaging in other volunteer activities that improve access to justice and the legal system, given their unique skills and knowledge.
pro bono services financial support voluntary public service
Section § 6073.1
This law clarifies definitions related to providing legal assistance to individuals and organizations with limited financial resources. A "legal aid organization" is defined elsewhere in the code. A "person of limited means" is someone recognized as low-income by the state's standards. "Pro bono legal services" involve offering free legal help to those of low income or to certain organizations, but don't include services written off as bad debts. "Reduced fee legal services" means providing affordable legal services at lower rates to individuals or organizations with limited income or resources.
For purposes of this article, the following definitions apply:
(a)CA Business & Professions Code § 6073.1(a) “Legal aid organization” has the meaning provided in Section 6159.51.
(b)CA Business & Professions Code § 6073.1(b) “Person of limited means” means an individual qualified as “low-income,” “very low income,” or “extremely low income” under the current Department of Housing and Community Development’s Official State Income Limits as set forth on the State of California’s internet website.
(c)Copy CA Business & Professions Code § 6073.1(c)
(1)Copy CA Business & Professions Code § 6073.1(c)(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:
(A)CA Business & Professions Code § 6073.1(c)(1)(A) An indigent person, as defined in subdivision (d) of Section 6213.
(B)CA Business & Professions Code § 6073.1(c)(1)(B) A charitable, religious, civic, community, governmental, or educational organization in matters that are designed primarily to address the needs of persons of limited means.
(C)CA Business & Professions Code § 6073.1(c)(1)(C) A charitable, religious, civic, community, governmental, or educational organization in matters in furtherance of its organizational purposes.
(2)CA Business & Professions Code § 6073.1(c)(2) “Pro bono legal services” does not include legal services written off as bad debts.
(d)CA Business & Professions Code § 6073.1(d) “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 either:
(1)CA Business & Professions Code § 6073.1(d)(1) A person of limited means.
(2)CA Business & Professions Code § 6073.1(d)(2) A person or organization identified in subparagraph (A), (B), or (C) of paragraph (1) of subdivision (c).
legal aid organization person of limited means pro bono legal services
Section § 6073.2
This law encourages lawyers in California to dedicate time to providing free legal help, known as pro bono services, and to financially support legal aid organizations. It requires active lawyers to report their pro bono hours and any reduced-fee services for low-income individuals or nonprofits annually through their online State Bar profile. This doesn't apply to lawyers who work full-time for legal aid organizations, government employees, or those who can't provide pro bono services due to employer restrictions, as long as they report this on their profile. The information shared remains confidential, though the State Bar can release summarized data without personal details. Importantly, not reporting is not punishable, and the bar fees collected cannot fund these activities.
(a)CA Business & Professions Code § 6073.2(a) Pursuant to Section 6073, 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.
(b)CA Business & Professions Code § 6073.2(b) An active licensee shall 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. Every licensee shall report both of the following:
(1)CA Business & Professions Code § 6073.2(b)(1) Amount of pro bono legal services hours performed during the calendar year preceding the year in which the annual fee is due.
(2)CA Business & Professions Code § 6073.2(b)(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.
(c)CA Business & Professions Code § 6073.2(c) The State Bar may include, as part of the reporting requirement under subdivision (b), options for active licensees who do not track their pro bono hours or reduced fee legal services hours or who decline to answer, to indicate that status when prompted to report.
(d)CA Business & Professions Code § 6073.2(d) The reporting requirement in subdivision (b) does not apply if a licensee is any of the following:
(1)CA Business & Professions Code § 6073.2(d)(1) Is employed by an organization primarily engaged in the provision of pro bono legal services, including qualified legal services projects and qualified support
centers, as defined in Section 6213, legal aid organizations, and nonprofit public benefit corporations, as authorized by Section 13406 of the Corporations Code.
(2)CA Business & Professions Code § 6073.2(d)(2) A full-time employee or an officer or elected official of the State of California, or political subdivision thereof, or the federal government.
(3)CA Business & Professions Code § 6073.2(d)(3) 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.
(e)CA Business & Professions Code § 6073.2(e) The State Bar shall retain and maintain the information reported pursuant to subdivision (b) for purposes of historical record for at least five years.
(f)Copy CA Business & Professions Code § 6073.2(f)
(1)Copy CA Business & Professions Code § 6073.2(f)(1) The
information reported pursuant to subdivision (b) shall be confidential and shall not be disclosed as a public record pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(2)CA Business & Professions Code § 6073.2(f)(2) Notwithstanding paragraph (1), the State Bar may publish aggregated and anonymized reports based on the information received pursuant to subdivision (b).
(g)CA Business & Professions Code § 6073.2(g) Failure of a licensee of the State Bar to comply with any of the provisions of this section is not grounds for disciplinary or administrative recourse.
(h)CA Business & Professions Code § 6073.2(h) The State Bar shall not use any moneys received from the annual license fees collected pursuant to Section 6140 or 6141 for any costs associated with this section.
pro bono services legal aid organizations State Bar reporting
Section § 6074
This law recognizes that veterans, service members, and their families often struggle to afford civil legal help. The State Bar is tasked with working with various organizations and volunteers to improve legal service access for these groups. They should also provide resources and education to support this effort. The State Bar must create a publicly available list of legal aid providers willing to offer free legal services, and conduct a survey to discover where more legal clinics are needed, with a report due by the end of 2018.
(a)CA Business & Professions Code § 6074(a) The Legislature finds that securing civil legal assistance is difficult for veterans, service members, and their families who cannot afford legal services, for reasons unique to their military or veteran status. The Legislature further finds that the State Bar is uniquely suited to bring together organizations to help coordinate the delivery of civil legal services for veterans and service members and their
families.
(b)CA Business & Professions Code § 6074(b) The State Bar shall engage with local bar associations, legal aid organizations, veterans service providers, military service providers, and volunteer attorneys and encourage those groups to provide legal services to veterans and service members and their families who otherwise cannot afford legal services and collaborate, as appropriate, to improve access to and delivery of these services throughout the state.
(c)CA Business & Professions Code § 6074(c) The State Bar shall provide resources and educational materials to attorneys and the public in order to support the purposes of this section by, among other things, doing the following:
(1)CA Business & Professions Code § 6074(c)(1) Compiling a list of local bar associations, legal aid organizations, veterans
service providers, military service providers, and volunteer attorneys willing to provide pro bono legal services to veterans and service members, organized by city and county, and posting the list on its internet website.
(2)CA Business & Professions Code § 6074(c)(2) Conducting a statewide survey of programs that provide civil legal assistance to veterans in order to identify whether and where there is a need for legal advice clinics, publishing a report and recommendations based upon its findings no later than December 31, 2018, and posting the report on its internet website.
veterans legal assistance service members civil legal services
