Amended IN Senate March 29, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 316Introduced by Senator WieckowskiFebruary 13, 2017 An act to amend Section 6072 of Sections 6072 and 6073 of, and to add Sections 6073.1 and 6073.2 to, the Business and Professions Code, relating to attorneys. LEGISLATIVE COUNSEL'S DIGESTSB 316, as amended, Wieckowski. Attorneys: state contracts for pro bono legal services.The State Bar Act provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation governed by a board of trustees. The act provides that it has been the tradition of those learned in the law and licensed to practice law in this state to provide voluntary pro bono legal services to those who cannot afford the help of a lawyer and further provides that every lawyer authorized and privileged to practice law in California is expected to make a contribution, whether by directly providing pro bono legal services or, if that is not feasible, by providing financial support to organizations providing free legal services to persons of limited means, as specified. The act also, with specified exceptions, requires a law firm that contracts with the state for legal services exceeding $50,000 to certify that it agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services services, as defined, during each year of the contract. The act provides that failure of a firm to make a good faith effort to provide those hours may be cause for nonrenewal of a state contract and may be taken into account when determining the award of future contracts with the state. Under existing law, if a firm fails to provide those hours, the awarding department is required to consider specified factors in determining whether the firm made a good faith effort.This bill, in order to assist the awarding department in determining whether the firm provided or made a good faith effort to provide those hours, would require the firm to provide information regarding the specified factors to the State Bar of California on a form to be provided by the State Bar.This bill would instead provide that every lawyer authorized and privileged to practice law in California is strongly encouraged to make a contribution of both pro bono legal services and financial contributions to legal aid organizations, as defined. The bill would set forth aspirational goals for these contributions and would provide that failure to fulfill those goals is not intended to be grounds for disciplinary recourse. The bill would require the State Bar to require a member of the State Bar, with certain exceptions, to report the hours of pro bono legal services performed and the amount of money contributed to legal aid organizations on an annual basis when the State Bar statement is due. The bill would require the State Bar to retain and maintain this information during the time the members status is active and would further require the information to be made publicly available on the members State Bar online profile. The bill would define pro bono legal services for both these purposes and the purposes of the certification requirement for state contracts for legal services described above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 6072 of the Business and Professions Code is amended to read:6072. (a) A contract with the state for legal services that exceeds fifty thousand dollars ($50,000) shall include a certification by the contracting law firm that the firm agrees to make a good faith effort to provide, during the duration of the contract, a minimum number of hours of pro bono legal services, or an equivalent amount of financial contributions to qualified legal services projects and support centers, as defined in Section 6213, during each year of the contract equal to the lesser of either (1) 30 multiplied by the number of full-time attorneys in the firms offices in the state, with the number of hours prorated on an actual day basis for any contract period of less than a full year or (2) 10 percent of its contract with the state. Ten percent of the contract shall mean the number of hours equal to 10 percent of the contract amount divided by the average billing rate of the firm.(b) Failure to make a good faith effort may be cause for nonrenewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the state for legal services. If a firm fails to provide the hours of pro bono legal services set forth in its certification, the following factors shall be considered in determining whether the firm made a good faith effort:(1) The actual number of hours of pro bono legal services or the amount of financial contributions provided by the firm during the term of the contract.(2) The firms efforts to obtain pro bono legal work from legal services programs, pro bono programs, and other relevant communities or groups.(3) The firms history of providing pro bono legal services or financial contributions, or other activities of the firm that evidence a good faith effort to provide pro bono legal services or financial contributions, such as the adoption of a pro bono policy or the creation of a pro bono committee.(4) The types of pro bono legal services provided, including the quantity and complexity of cases as well as the nature of the relief sought.(5) The extent to which the failure to provide the hours of pro bono legal services or financial contributions set forth in the certification is the result of extenuating circumstances unforeseen at the time of the certification.(c) In awarding a contract with the state for legal services that exceeds fifty thousand dollars ($50,000), the awarding department shall consider the efforts of a potential contracting law firm to provide, during the 12-month period prior to award of the contract, the minimum number of hours of pro bono legal services described in subdivision (a). Other things being equal, the awarding department shall award a contract for legal services to firms that have provided, during the 12-month period prior to award of the contract, the minimum number of hours of pro bono legal services described in subdivision (a).(d)To assist the awarding department in evaluating whether the firm met its pro bono goals as set forth in the certification, as well as the factors to be considered in determining whether the firm made a good faith effort, the firm shall provide the necessary information to the State Bar on a form to be provided by the State Bar.(e)(d) As used in this section, pro bono legal services means the provision of legal services either: has the meaning provided in Section 6073.1.(1)Without fee or expectation of fee to either:(A)Persons who are indigent or of limited means.(B)Charitable, religious, civic, community, governmental, and educational organizations in matters designed primarily to address the economic, health, and social needs of persons who are indigent or of limited means.(2)At no fee or substantially reduced fee to groups or organizations seeking to secure or protect civil rights, civil liberties, or public rights.(f)(e) Nothing in this section shall subject a contracting law firm that fails to provide the minimum number of hours of pro bono legal services described in subdivision (a) to civil or criminal liability, nor shall that failure be grounds for invalidating an existing contract for legal services.(g)(f) This article shall not apply to state contracts with, or appointments made by the judiciary of, an attorney, law firm, or organization for the purposes of providing legal representation to low- or middle-income persons, in either civil, criminal, or administrative matters.(h)(g) This article shall not apply to contracts entered into between the state and an attorney or law firm if the legal services contracted for are to be performed outside the State of California.SEC. 2. Section 6073 of the Business and Professions Code is amended to read:6073. It has been the tradition of those learned in the law and licensed to practice law in this state to provide voluntary pro bono legal services to those who cannot afford the help of a lawyer. Every lawyer authorized and privileged to practice law in California is expected strongly encouraged to make a contribution. In some circumstances, it may not be feasible for a lawyer to directly provide pro bono services. In those circumstances, a lawyer may instead fulfill his or her individual pro bono ethical commitment, in part, by providing financial support to organizations providing free legal services to persons of limited means. In deciding to provide that financial support, the lawyer should, at minimum, approximate the value of the hours of pro bono legal service that he or she would otherwise have provided. In some circumstances, pro bono contributions may be measured collectively, as by a firms aggregate pro bono activities or financial contributions. contribution of both pro bono legal services and financial contributions to legal aid organizations. Lawyers also make invaluable contributions through their other voluntary public service activities that increase access to justice or improve the law and the legal system. In view of their expertise in areas that critically affect the lives and well-being of members of the public, lawyers are uniquely situated to provide invaluable assistance in order to benefit those who might otherwise be unable to assert or protect their interests, and to support those legal organizations that advance these goals.SEC. 3. Section 6073.1 is added to the Business and Professions Code, to read:6073.1. For purposes of this article, the following definitions apply:(a) Legal aid organization has the meaning provided in Section 6159.51.(b) (1) Pro bono legal services means any of the following:(A) Legal services provided without fee, with reduced fee, or with no expectation of fee to either a person of limited means or an indigent person, as defined in paragraph (1) of subdivision (f) of Section 8030.4.(B) Legal services provided at no fee or at substantially reduced fee to groups or organizations seeking to secure or protect civil rights, civil liberties, or public rights.(C) Professional services rendered in civil matters, and in those criminal matters for which the government is not obliged to provide funds for legal representation, to persons who are financially unable to compensate counsel.(D) Activities related to improving the administration of justice by simplifying the legal process for, or increasing the availability and quality of legal services to, poor persons.(E) Additional services provided through participation in activities for improving the law, the legal system, or the legal profession.(2) Pro bono legal services does not include legal services written off as bad debts.SEC. 4. Section 6073.2 is added to the Business and Professions Code, to read:6073.2. (a) Every lawyer should aspire to provide at least 50 hours of pro bono legal services each year and contribute financially to legal aid organizations. A lawyer who is in private practice or is employed by a for-profit entity should aspire to annually contribute financially to legal aid organizations a total amount at least equivalent to the following:(1) The amount typically billed by the lawyer, or by the firm with which the lawyer is associated, for one hour of time.(2) If the lawyer performs his or her work on a contingency basis, the amount typically billed by lawyers in the community for one hour of time.(3) The amount typically paid by the organization employing the lawyer for one hour of the lawyers time.(4) If the lawyer is underemployed, an amount not to exceed one-tenth of one percent of the lawyers annual income.(b) The State Bar shall require a member of the State Bar to report the hours of pro bono legal services performed and the amount of money contributed to legal aid organizations on an annual basis when the State Bar statement is due. Each member shall self-report this information through the members State Bar online profile on the State Bars Internet Web site through a provided section where those hours and financial contributions may be declared.(c) The State Bar shall retain and maintain the information reported pursuant to subdivision (b) for purposes of historical record on a members State Bar online profile during the time the members status is active. This information shall be made publicly available on the members State Bar online profile.(d) Subdivision (b) does not apply to a member of the State Bar who is exempt from mandatory continuing legal education requirements pursuant to Section 6070 or who is employed by an organization primarily engaged in the provision of pro bono legal services, including qualified legal services projects and qualified support centers, as defined in Section 6213.(e) Failure to fulfill the aspirational goals described in this section is not intended to be grounds for disciplinary recourse.
Amended IN Senate March 29, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 316Introduced by Senator WieckowskiFebruary 13, 2017 An act to amend Section 6072 of Sections 6072 and 6073 of, and to add Sections 6073.1 and 6073.2 to, the Business and Professions Code, relating to attorneys. LEGISLATIVE COUNSEL'S DIGESTSB 316, as amended, Wieckowski. Attorneys: state contracts for pro bono legal services.The State Bar Act provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation governed by a board of trustees. The act provides that it has been the tradition of those learned in the law and licensed to practice law in this state to provide voluntary pro bono legal services to those who cannot afford the help of a lawyer and further provides that every lawyer authorized and privileged to practice law in California is expected to make a contribution, whether by directly providing pro bono legal services or, if that is not feasible, by providing financial support to organizations providing free legal services to persons of limited means, as specified. The act also, with specified exceptions, requires a law firm that contracts with the state for legal services exceeding $50,000 to certify that it agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services services, as defined, during each year of the contract. The act provides that failure of a firm to make a good faith effort to provide those hours may be cause for nonrenewal of a state contract and may be taken into account when determining the award of future contracts with the state. Under existing law, if a firm fails to provide those hours, the awarding department is required to consider specified factors in determining whether the firm made a good faith effort.This bill, in order to assist the awarding department in determining whether the firm provided or made a good faith effort to provide those hours, would require the firm to provide information regarding the specified factors to the State Bar of California on a form to be provided by the State Bar.This bill would instead provide that every lawyer authorized and privileged to practice law in California is strongly encouraged to make a contribution of both pro bono legal services and financial contributions to legal aid organizations, as defined. The bill would set forth aspirational goals for these contributions and would provide that failure to fulfill those goals is not intended to be grounds for disciplinary recourse. The bill would require the State Bar to require a member of the State Bar, with certain exceptions, to report the hours of pro bono legal services performed and the amount of money contributed to legal aid organizations on an annual basis when the State Bar statement is due. The bill would require the State Bar to retain and maintain this information during the time the members status is active and would further require the information to be made publicly available on the members State Bar online profile. The bill would define pro bono legal services for both these purposes and the purposes of the certification requirement for state contracts for legal services described above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Senate March 29, 2017
Amended IN Senate March 29, 2017
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Senate Bill No. 316
Introduced by Senator WieckowskiFebruary 13, 2017
Introduced by Senator Wieckowski
February 13, 2017
An act to amend Section 6072 of Sections 6072 and 6073 of, and to add Sections 6073.1 and 6073.2 to, the Business and Professions Code, relating to attorneys.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 316, as amended, Wieckowski. Attorneys: state contracts for pro bono legal services.
The State Bar Act provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation governed by a board of trustees. The act provides that it has been the tradition of those learned in the law and licensed to practice law in this state to provide voluntary pro bono legal services to those who cannot afford the help of a lawyer and further provides that every lawyer authorized and privileged to practice law in California is expected to make a contribution, whether by directly providing pro bono legal services or, if that is not feasible, by providing financial support to organizations providing free legal services to persons of limited means, as specified. The act also, with specified exceptions, requires a law firm that contracts with the state for legal services exceeding $50,000 to certify that it agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services services, as defined, during each year of the contract. The act provides that failure of a firm to make a good faith effort to provide those hours may be cause for nonrenewal of a state contract and may be taken into account when determining the award of future contracts with the state. Under existing law, if a firm fails to provide those hours, the awarding department is required to consider specified factors in determining whether the firm made a good faith effort.This bill, in order to assist the awarding department in determining whether the firm provided or made a good faith effort to provide those hours, would require the firm to provide information regarding the specified factors to the State Bar of California on a form to be provided by the State Bar.This bill would instead provide that every lawyer authorized and privileged to practice law in California is strongly encouraged to make a contribution of both pro bono legal services and financial contributions to legal aid organizations, as defined. The bill would set forth aspirational goals for these contributions and would provide that failure to fulfill those goals is not intended to be grounds for disciplinary recourse. The bill would require the State Bar to require a member of the State Bar, with certain exceptions, to report the hours of pro bono legal services performed and the amount of money contributed to legal aid organizations on an annual basis when the State Bar statement is due. The bill would require the State Bar to retain and maintain this information during the time the members status is active and would further require the information to be made publicly available on the members State Bar online profile. The bill would define pro bono legal services for both these purposes and the purposes of the certification requirement for state contracts for legal services described above.
The State Bar Act provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation governed by a board of trustees. The act provides that it has been the tradition of those learned in the law and licensed to practice law in this state to provide voluntary pro bono legal services to those who cannot afford the help of a lawyer and further provides that every lawyer authorized and privileged to practice law in California is expected to make a contribution, whether by directly providing pro bono legal services or, if that is not feasible, by providing financial support to organizations providing free legal services to persons of limited means, as specified. The act also, with specified exceptions, requires a law firm that contracts with the state for legal services exceeding $50,000 to certify that it agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services services, as defined, during each year of the contract. The act provides that failure of a firm to make a good faith effort to provide those hours may be cause for nonrenewal of a state contract and may be taken into account when determining the award of future contracts with the state. Under existing law, if a firm fails to provide those hours, the awarding department is required to consider specified factors in determining whether the firm made a good faith effort.
This bill, in order to assist the awarding department in determining whether the firm provided or made a good faith effort to provide those hours, would require the firm to provide information regarding the specified factors to the State Bar of California on a form to be provided by the State Bar.
This bill would instead provide that every lawyer authorized and privileged to practice law in California is strongly encouraged to make a contribution of both pro bono legal services and financial contributions to legal aid organizations, as defined. The bill would set forth aspirational goals for these contributions and would provide that failure to fulfill those goals is not intended to be grounds for disciplinary recourse. The bill would require the State Bar to require a member of the State Bar, with certain exceptions, to report the hours of pro bono legal services performed and the amount of money contributed to legal aid organizations on an annual basis when the State Bar statement is due. The bill would require the State Bar to retain and maintain this information during the time the members status is active and would further require the information to be made publicly available on the members State Bar online profile. The bill would define pro bono legal services for both these purposes and the purposes of the certification requirement for state contracts for legal services described above.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 6072 of the Business and Professions Code is amended to read:6072. (a) A contract with the state for legal services that exceeds fifty thousand dollars ($50,000) shall include a certification by the contracting law firm that the firm agrees to make a good faith effort to provide, during the duration of the contract, a minimum number of hours of pro bono legal services, or an equivalent amount of financial contributions to qualified legal services projects and support centers, as defined in Section 6213, during each year of the contract equal to the lesser of either (1) 30 multiplied by the number of full-time attorneys in the firms offices in the state, with the number of hours prorated on an actual day basis for any contract period of less than a full year or (2) 10 percent of its contract with the state. Ten percent of the contract shall mean the number of hours equal to 10 percent of the contract amount divided by the average billing rate of the firm.(b) Failure to make a good faith effort may be cause for nonrenewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the state for legal services. If a firm fails to provide the hours of pro bono legal services set forth in its certification, the following factors shall be considered in determining whether the firm made a good faith effort:(1) The actual number of hours of pro bono legal services or the amount of financial contributions provided by the firm during the term of the contract.(2) The firms efforts to obtain pro bono legal work from legal services programs, pro bono programs, and other relevant communities or groups.(3) The firms history of providing pro bono legal services or financial contributions, or other activities of the firm that evidence a good faith effort to provide pro bono legal services or financial contributions, such as the adoption of a pro bono policy or the creation of a pro bono committee.(4) The types of pro bono legal services provided, including the quantity and complexity of cases as well as the nature of the relief sought.(5) The extent to which the failure to provide the hours of pro bono legal services or financial contributions set forth in the certification is the result of extenuating circumstances unforeseen at the time of the certification.(c) In awarding a contract with the state for legal services that exceeds fifty thousand dollars ($50,000), the awarding department shall consider the efforts of a potential contracting law firm to provide, during the 12-month period prior to award of the contract, the minimum number of hours of pro bono legal services described in subdivision (a). Other things being equal, the awarding department shall award a contract for legal services to firms that have provided, during the 12-month period prior to award of the contract, the minimum number of hours of pro bono legal services described in subdivision (a).(d)To assist the awarding department in evaluating whether the firm met its pro bono goals as set forth in the certification, as well as the factors to be considered in determining whether the firm made a good faith effort, the firm shall provide the necessary information to the State Bar on a form to be provided by the State Bar.(e)(d) As used in this section, pro bono legal services means the provision of legal services either: has the meaning provided in Section 6073.1.(1)Without fee or expectation of fee to either:(A)Persons who are indigent or of limited means.(B)Charitable, religious, civic, community, governmental, and educational organizations in matters designed primarily to address the economic, health, and social needs of persons who are indigent or of limited means.(2)At no fee or substantially reduced fee to groups or organizations seeking to secure or protect civil rights, civil liberties, or public rights.(f)(e) Nothing in this section shall subject a contracting law firm that fails to provide the minimum number of hours of pro bono legal services described in subdivision (a) to civil or criminal liability, nor shall that failure be grounds for invalidating an existing contract for legal services.(g)(f) This article shall not apply to state contracts with, or appointments made by the judiciary of, an attorney, law firm, or organization for the purposes of providing legal representation to low- or middle-income persons, in either civil, criminal, or administrative matters.(h)(g) This article shall not apply to contracts entered into between the state and an attorney or law firm if the legal services contracted for are to be performed outside the State of California.SEC. 2. Section 6073 of the Business and Professions Code is amended to read:6073. It has been the tradition of those learned in the law and licensed to practice law in this state to provide voluntary pro bono legal services to those who cannot afford the help of a lawyer. Every lawyer authorized and privileged to practice law in California is expected strongly encouraged to make a contribution. In some circumstances, it may not be feasible for a lawyer to directly provide pro bono services. In those circumstances, a lawyer may instead fulfill his or her individual pro bono ethical commitment, in part, by providing financial support to organizations providing free legal services to persons of limited means. In deciding to provide that financial support, the lawyer should, at minimum, approximate the value of the hours of pro bono legal service that he or she would otherwise have provided. In some circumstances, pro bono contributions may be measured collectively, as by a firms aggregate pro bono activities or financial contributions. contribution of both pro bono legal services and financial contributions to legal aid organizations. Lawyers also make invaluable contributions through their other voluntary public service activities that increase access to justice or improve the law and the legal system. In view of their expertise in areas that critically affect the lives and well-being of members of the public, lawyers are uniquely situated to provide invaluable assistance in order to benefit those who might otherwise be unable to assert or protect their interests, and to support those legal organizations that advance these goals.SEC. 3. Section 6073.1 is added to the Business and Professions Code, to read:6073.1. For purposes of this article, the following definitions apply:(a) Legal aid organization has the meaning provided in Section 6159.51.(b) (1) Pro bono legal services means any of the following:(A) Legal services provided without fee, with reduced fee, or with no expectation of fee to either a person of limited means or an indigent person, as defined in paragraph (1) of subdivision (f) of Section 8030.4.(B) Legal services provided at no fee or at substantially reduced fee to groups or organizations seeking to secure or protect civil rights, civil liberties, or public rights.(C) Professional services rendered in civil matters, and in those criminal matters for which the government is not obliged to provide funds for legal representation, to persons who are financially unable to compensate counsel.(D) Activities related to improving the administration of justice by simplifying the legal process for, or increasing the availability and quality of legal services to, poor persons.(E) Additional services provided through participation in activities for improving the law, the legal system, or the legal profession.(2) Pro bono legal services does not include legal services written off as bad debts.SEC. 4. Section 6073.2 is added to the Business and Professions Code, to read:6073.2. (a) Every lawyer should aspire to provide at least 50 hours of pro bono legal services each year and contribute financially to legal aid organizations. A lawyer who is in private practice or is employed by a for-profit entity should aspire to annually contribute financially to legal aid organizations a total amount at least equivalent to the following:(1) The amount typically billed by the lawyer, or by the firm with which the lawyer is associated, for one hour of time.(2) If the lawyer performs his or her work on a contingency basis, the amount typically billed by lawyers in the community for one hour of time.(3) The amount typically paid by the organization employing the lawyer for one hour of the lawyers time.(4) If the lawyer is underemployed, an amount not to exceed one-tenth of one percent of the lawyers annual income.(b) The State Bar shall require a member of the State Bar to report the hours of pro bono legal services performed and the amount of money contributed to legal aid organizations on an annual basis when the State Bar statement is due. Each member shall self-report this information through the members State Bar online profile on the State Bars Internet Web site through a provided section where those hours and financial contributions may be declared.(c) The State Bar shall retain and maintain the information reported pursuant to subdivision (b) for purposes of historical record on a members State Bar online profile during the time the members status is active. This information shall be made publicly available on the members State Bar online profile.(d) Subdivision (b) does not apply to a member of the State Bar who is exempt from mandatory continuing legal education requirements pursuant to Section 6070 or who is employed by an organization primarily engaged in the provision of pro bono legal services, including qualified legal services projects and qualified support centers, as defined in Section 6213.(e) Failure to fulfill the aspirational goals described in this section is not intended to be grounds for disciplinary recourse.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 6072 of the Business and Professions Code is amended to read:6072. (a) A contract with the state for legal services that exceeds fifty thousand dollars ($50,000) shall include a certification by the contracting law firm that the firm agrees to make a good faith effort to provide, during the duration of the contract, a minimum number of hours of pro bono legal services, or an equivalent amount of financial contributions to qualified legal services projects and support centers, as defined in Section 6213, during each year of the contract equal to the lesser of either (1) 30 multiplied by the number of full-time attorneys in the firms offices in the state, with the number of hours prorated on an actual day basis for any contract period of less than a full year or (2) 10 percent of its contract with the state. Ten percent of the contract shall mean the number of hours equal to 10 percent of the contract amount divided by the average billing rate of the firm.(b) Failure to make a good faith effort may be cause for nonrenewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the state for legal services. If a firm fails to provide the hours of pro bono legal services set forth in its certification, the following factors shall be considered in determining whether the firm made a good faith effort:(1) The actual number of hours of pro bono legal services or the amount of financial contributions provided by the firm during the term of the contract.(2) The firms efforts to obtain pro bono legal work from legal services programs, pro bono programs, and other relevant communities or groups.(3) The firms history of providing pro bono legal services or financial contributions, or other activities of the firm that evidence a good faith effort to provide pro bono legal services or financial contributions, such as the adoption of a pro bono policy or the creation of a pro bono committee.(4) The types of pro bono legal services provided, including the quantity and complexity of cases as well as the nature of the relief sought.(5) The extent to which the failure to provide the hours of pro bono legal services or financial contributions set forth in the certification is the result of extenuating circumstances unforeseen at the time of the certification.(c) In awarding a contract with the state for legal services that exceeds fifty thousand dollars ($50,000), the awarding department shall consider the efforts of a potential contracting law firm to provide, during the 12-month period prior to award of the contract, the minimum number of hours of pro bono legal services described in subdivision (a). Other things being equal, the awarding department shall award a contract for legal services to firms that have provided, during the 12-month period prior to award of the contract, the minimum number of hours of pro bono legal services described in subdivision (a).(d)To assist the awarding department in evaluating whether the firm met its pro bono goals as set forth in the certification, as well as the factors to be considered in determining whether the firm made a good faith effort, the firm shall provide the necessary information to the State Bar on a form to be provided by the State Bar.(e)(d) As used in this section, pro bono legal services means the provision of legal services either: has the meaning provided in Section 6073.1.(1)Without fee or expectation of fee to either:(A)Persons who are indigent or of limited means.(B)Charitable, religious, civic, community, governmental, and educational organizations in matters designed primarily to address the economic, health, and social needs of persons who are indigent or of limited means.(2)At no fee or substantially reduced fee to groups or organizations seeking to secure or protect civil rights, civil liberties, or public rights.(f)(e) Nothing in this section shall subject a contracting law firm that fails to provide the minimum number of hours of pro bono legal services described in subdivision (a) to civil or criminal liability, nor shall that failure be grounds for invalidating an existing contract for legal services.(g)(f) This article shall not apply to state contracts with, or appointments made by the judiciary of, an attorney, law firm, or organization for the purposes of providing legal representation to low- or middle-income persons, in either civil, criminal, or administrative matters.(h)(g) This article shall not apply to contracts entered into between the state and an attorney or law firm if the legal services contracted for are to be performed outside the State of California.
SECTION 1. Section 6072 of the Business and Professions Code is amended to read:
### SECTION 1.
6072. (a) A contract with the state for legal services that exceeds fifty thousand dollars ($50,000) shall include a certification by the contracting law firm that the firm agrees to make a good faith effort to provide, during the duration of the contract, a minimum number of hours of pro bono legal services, or an equivalent amount of financial contributions to qualified legal services projects and support centers, as defined in Section 6213, during each year of the contract equal to the lesser of either (1) 30 multiplied by the number of full-time attorneys in the firms offices in the state, with the number of hours prorated on an actual day basis for any contract period of less than a full year or (2) 10 percent of its contract with the state. Ten percent of the contract shall mean the number of hours equal to 10 percent of the contract amount divided by the average billing rate of the firm.(b) Failure to make a good faith effort may be cause for nonrenewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the state for legal services. If a firm fails to provide the hours of pro bono legal services set forth in its certification, the following factors shall be considered in determining whether the firm made a good faith effort:(1) The actual number of hours of pro bono legal services or the amount of financial contributions provided by the firm during the term of the contract.(2) The firms efforts to obtain pro bono legal work from legal services programs, pro bono programs, and other relevant communities or groups.(3) The firms history of providing pro bono legal services or financial contributions, or other activities of the firm that evidence a good faith effort to provide pro bono legal services or financial contributions, such as the adoption of a pro bono policy or the creation of a pro bono committee.(4) The types of pro bono legal services provided, including the quantity and complexity of cases as well as the nature of the relief sought.(5) The extent to which the failure to provide the hours of pro bono legal services or financial contributions set forth in the certification is the result of extenuating circumstances unforeseen at the time of the certification.(c) In awarding a contract with the state for legal services that exceeds fifty thousand dollars ($50,000), the awarding department shall consider the efforts of a potential contracting law firm to provide, during the 12-month period prior to award of the contract, the minimum number of hours of pro bono legal services described in subdivision (a). Other things being equal, the awarding department shall award a contract for legal services to firms that have provided, during the 12-month period prior to award of the contract, the minimum number of hours of pro bono legal services described in subdivision (a).(d)To assist the awarding department in evaluating whether the firm met its pro bono goals as set forth in the certification, as well as the factors to be considered in determining whether the firm made a good faith effort, the firm shall provide the necessary information to the State Bar on a form to be provided by the State Bar.(e)(d) As used in this section, pro bono legal services means the provision of legal services either: has the meaning provided in Section 6073.1.(1)Without fee or expectation of fee to either:(A)Persons who are indigent or of limited means.(B)Charitable, religious, civic, community, governmental, and educational organizations in matters designed primarily to address the economic, health, and social needs of persons who are indigent or of limited means.(2)At no fee or substantially reduced fee to groups or organizations seeking to secure or protect civil rights, civil liberties, or public rights.(f)(e) Nothing in this section shall subject a contracting law firm that fails to provide the minimum number of hours of pro bono legal services described in subdivision (a) to civil or criminal liability, nor shall that failure be grounds for invalidating an existing contract for legal services.(g)(f) This article shall not apply to state contracts with, or appointments made by the judiciary of, an attorney, law firm, or organization for the purposes of providing legal representation to low- or middle-income persons, in either civil, criminal, or administrative matters.(h)(g) This article shall not apply to contracts entered into between the state and an attorney or law firm if the legal services contracted for are to be performed outside the State of California.
6072. (a) A contract with the state for legal services that exceeds fifty thousand dollars ($50,000) shall include a certification by the contracting law firm that the firm agrees to make a good faith effort to provide, during the duration of the contract, a minimum number of hours of pro bono legal services, or an equivalent amount of financial contributions to qualified legal services projects and support centers, as defined in Section 6213, during each year of the contract equal to the lesser of either (1) 30 multiplied by the number of full-time attorneys in the firms offices in the state, with the number of hours prorated on an actual day basis for any contract period of less than a full year or (2) 10 percent of its contract with the state. Ten percent of the contract shall mean the number of hours equal to 10 percent of the contract amount divided by the average billing rate of the firm.(b) Failure to make a good faith effort may be cause for nonrenewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the state for legal services. If a firm fails to provide the hours of pro bono legal services set forth in its certification, the following factors shall be considered in determining whether the firm made a good faith effort:(1) The actual number of hours of pro bono legal services or the amount of financial contributions provided by the firm during the term of the contract.(2) The firms efforts to obtain pro bono legal work from legal services programs, pro bono programs, and other relevant communities or groups.(3) The firms history of providing pro bono legal services or financial contributions, or other activities of the firm that evidence a good faith effort to provide pro bono legal services or financial contributions, such as the adoption of a pro bono policy or the creation of a pro bono committee.(4) The types of pro bono legal services provided, including the quantity and complexity of cases as well as the nature of the relief sought.(5) The extent to which the failure to provide the hours of pro bono legal services or financial contributions set forth in the certification is the result of extenuating circumstances unforeseen at the time of the certification.(c) In awarding a contract with the state for legal services that exceeds fifty thousand dollars ($50,000), the awarding department shall consider the efforts of a potential contracting law firm to provide, during the 12-month period prior to award of the contract, the minimum number of hours of pro bono legal services described in subdivision (a). Other things being equal, the awarding department shall award a contract for legal services to firms that have provided, during the 12-month period prior to award of the contract, the minimum number of hours of pro bono legal services described in subdivision (a).(d)To assist the awarding department in evaluating whether the firm met its pro bono goals as set forth in the certification, as well as the factors to be considered in determining whether the firm made a good faith effort, the firm shall provide the necessary information to the State Bar on a form to be provided by the State Bar.(e)(d) As used in this section, pro bono legal services means the provision of legal services either: has the meaning provided in Section 6073.1.(1)Without fee or expectation of fee to either:(A)Persons who are indigent or of limited means.(B)Charitable, religious, civic, community, governmental, and educational organizations in matters designed primarily to address the economic, health, and social needs of persons who are indigent or of limited means.(2)At no fee or substantially reduced fee to groups or organizations seeking to secure or protect civil rights, civil liberties, or public rights.(f)(e) Nothing in this section shall subject a contracting law firm that fails to provide the minimum number of hours of pro bono legal services described in subdivision (a) to civil or criminal liability, nor shall that failure be grounds for invalidating an existing contract for legal services.(g)(f) This article shall not apply to state contracts with, or appointments made by the judiciary of, an attorney, law firm, or organization for the purposes of providing legal representation to low- or middle-income persons, in either civil, criminal, or administrative matters.(h)(g) This article shall not apply to contracts entered into between the state and an attorney or law firm if the legal services contracted for are to be performed outside the State of California.
6072. (a) A contract with the state for legal services that exceeds fifty thousand dollars ($50,000) shall include a certification by the contracting law firm that the firm agrees to make a good faith effort to provide, during the duration of the contract, a minimum number of hours of pro bono legal services, or an equivalent amount of financial contributions to qualified legal services projects and support centers, as defined in Section 6213, during each year of the contract equal to the lesser of either (1) 30 multiplied by the number of full-time attorneys in the firms offices in the state, with the number of hours prorated on an actual day basis for any contract period of less than a full year or (2) 10 percent of its contract with the state. Ten percent of the contract shall mean the number of hours equal to 10 percent of the contract amount divided by the average billing rate of the firm.(b) Failure to make a good faith effort may be cause for nonrenewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the state for legal services. If a firm fails to provide the hours of pro bono legal services set forth in its certification, the following factors shall be considered in determining whether the firm made a good faith effort:(1) The actual number of hours of pro bono legal services or the amount of financial contributions provided by the firm during the term of the contract.(2) The firms efforts to obtain pro bono legal work from legal services programs, pro bono programs, and other relevant communities or groups.(3) The firms history of providing pro bono legal services or financial contributions, or other activities of the firm that evidence a good faith effort to provide pro bono legal services or financial contributions, such as the adoption of a pro bono policy or the creation of a pro bono committee.(4) The types of pro bono legal services provided, including the quantity and complexity of cases as well as the nature of the relief sought.(5) The extent to which the failure to provide the hours of pro bono legal services or financial contributions set forth in the certification is the result of extenuating circumstances unforeseen at the time of the certification.(c) In awarding a contract with the state for legal services that exceeds fifty thousand dollars ($50,000), the awarding department shall consider the efforts of a potential contracting law firm to provide, during the 12-month period prior to award of the contract, the minimum number of hours of pro bono legal services described in subdivision (a). Other things being equal, the awarding department shall award a contract for legal services to firms that have provided, during the 12-month period prior to award of the contract, the minimum number of hours of pro bono legal services described in subdivision (a).(d)To assist the awarding department in evaluating whether the firm met its pro bono goals as set forth in the certification, as well as the factors to be considered in determining whether the firm made a good faith effort, the firm shall provide the necessary information to the State Bar on a form to be provided by the State Bar.(e)(d) As used in this section, pro bono legal services means the provision of legal services either: has the meaning provided in Section 6073.1.(1)Without fee or expectation of fee to either:(A)Persons who are indigent or of limited means.(B)Charitable, religious, civic, community, governmental, and educational organizations in matters designed primarily to address the economic, health, and social needs of persons who are indigent or of limited means.(2)At no fee or substantially reduced fee to groups or organizations seeking to secure or protect civil rights, civil liberties, or public rights.(f)(e) Nothing in this section shall subject a contracting law firm that fails to provide the minimum number of hours of pro bono legal services described in subdivision (a) to civil or criminal liability, nor shall that failure be grounds for invalidating an existing contract for legal services.(g)(f) This article shall not apply to state contracts with, or appointments made by the judiciary of, an attorney, law firm, or organization for the purposes of providing legal representation to low- or middle-income persons, in either civil, criminal, or administrative matters.(h)(g) This article shall not apply to contracts entered into between the state and an attorney or law firm if the legal services contracted for are to be performed outside the State of California.
6072. (a) A contract with the state for legal services that exceeds fifty thousand dollars ($50,000) shall include a certification by the contracting law firm that the firm agrees to make a good faith effort to provide, during the duration of the contract, a minimum number of hours of pro bono legal services, or an equivalent amount of financial contributions to qualified legal services projects and support centers, as defined in Section 6213, during each year of the contract equal to the lesser of either (1) 30 multiplied by the number of full-time attorneys in the firms offices in the state, with the number of hours prorated on an actual day basis for any contract period of less than a full year or (2) 10 percent of its contract with the state. Ten percent of the contract shall mean the number of hours equal to 10 percent of the contract amount divided by the average billing rate of the firm.
(b) Failure to make a good faith effort may be cause for nonrenewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the state for legal services. If a firm fails to provide the hours of pro bono legal services set forth in its certification, the following factors shall be considered in determining whether the firm made a good faith effort:
(1) The actual number of hours of pro bono legal services or the amount of financial contributions provided by the firm during the term of the contract.
(2) The firms efforts to obtain pro bono legal work from legal services programs, pro bono programs, and other relevant communities or groups.
(3) The firms history of providing pro bono legal services or financial contributions, or other activities of the firm that evidence a good faith effort to provide pro bono legal services or financial contributions, such as the adoption of a pro bono policy or the creation of a pro bono committee.
(4) The types of pro bono legal services provided, including the quantity and complexity of cases as well as the nature of the relief sought.
(5) The extent to which the failure to provide the hours of pro bono legal services or financial contributions set forth in the certification is the result of extenuating circumstances unforeseen at the time of the certification.
(c) In awarding a contract with the state for legal services that exceeds fifty thousand dollars ($50,000), the awarding department shall consider the efforts of a potential contracting law firm to provide, during the 12-month period prior to award of the contract, the minimum number of hours of pro bono legal services described in subdivision (a). Other things being equal, the awarding department shall award a contract for legal services to firms that have provided, during the 12-month period prior to award of the contract, the minimum number of hours of pro bono legal services described in subdivision (a).
(d)To assist the awarding department in evaluating whether the firm met its pro bono goals as set forth in the certification, as well as the factors to be considered in determining whether the firm made a good faith effort, the firm shall provide the necessary information to the State Bar on a form to be provided by the State Bar.
(e)
(d) As used in this section, pro bono legal services means the provision of legal services either: has the meaning provided in Section 6073.1.
(1)Without fee or expectation of fee to either:
(A)Persons who are indigent or of limited means.
(B)Charitable, religious, civic, community, governmental, and educational organizations in matters designed primarily to address the economic, health, and social needs of persons who are indigent or of limited means.
(2)At no fee or substantially reduced fee to groups or organizations seeking to secure or protect civil rights, civil liberties, or public rights.
(f)
(e) Nothing in this section shall subject a contracting law firm that fails to provide the minimum number of hours of pro bono legal services described in subdivision (a) to civil or criminal liability, nor shall that failure be grounds for invalidating an existing contract for legal services.
(g)
(f) This article shall not apply to state contracts with, or appointments made by the judiciary of, an attorney, law firm, or organization for the purposes of providing legal representation to low- or middle-income persons, in either civil, criminal, or administrative matters.
(h)
(g) This article shall not apply to contracts entered into between the state and an attorney or law firm if the legal services contracted for are to be performed outside the State of California.
SEC. 2. Section 6073 of the Business and Professions Code is amended to read:6073. It has been the tradition of those learned in the law and licensed to practice law in this state to provide voluntary pro bono legal services to those who cannot afford the help of a lawyer. Every lawyer authorized and privileged to practice law in California is expected strongly encouraged to make a contribution. In some circumstances, it may not be feasible for a lawyer to directly provide pro bono services. In those circumstances, a lawyer may instead fulfill his or her individual pro bono ethical commitment, in part, by providing financial support to organizations providing free legal services to persons of limited means. In deciding to provide that financial support, the lawyer should, at minimum, approximate the value of the hours of pro bono legal service that he or she would otherwise have provided. In some circumstances, pro bono contributions may be measured collectively, as by a firms aggregate pro bono activities or financial contributions. contribution of both pro bono legal services and financial contributions to legal aid organizations. Lawyers also make invaluable contributions through their other voluntary public service activities that increase access to justice or improve the law and the legal system. In view of their expertise in areas that critically affect the lives and well-being of members of the public, lawyers are uniquely situated to provide invaluable assistance in order to benefit those who might otherwise be unable to assert or protect their interests, and to support those legal organizations that advance these goals.
SEC. 2. Section 6073 of the Business and Professions Code is amended to read:
### SEC. 2.
6073. It has been the tradition of those learned in the law and licensed to practice law in this state to provide voluntary pro bono legal services to those who cannot afford the help of a lawyer. Every lawyer authorized and privileged to practice law in California is expected strongly encouraged to make a contribution. In some circumstances, it may not be feasible for a lawyer to directly provide pro bono services. In those circumstances, a lawyer may instead fulfill his or her individual pro bono ethical commitment, in part, by providing financial support to organizations providing free legal services to persons of limited means. In deciding to provide that financial support, the lawyer should, at minimum, approximate the value of the hours of pro bono legal service that he or she would otherwise have provided. In some circumstances, pro bono contributions may be measured collectively, as by a firms aggregate pro bono activities or financial contributions. contribution of both pro bono legal services and financial contributions to legal aid organizations. Lawyers also make invaluable contributions through their other voluntary public service activities that increase access to justice or improve the law and the legal system. In view of their expertise in areas that critically affect the lives and well-being of members of the public, lawyers are uniquely situated to provide invaluable assistance in order to benefit those who might otherwise be unable to assert or protect their interests, and to support those legal organizations that advance these goals.
6073. It has been the tradition of those learned in the law and licensed to practice law in this state to provide voluntary pro bono legal services to those who cannot afford the help of a lawyer. Every lawyer authorized and privileged to practice law in California is expected strongly encouraged to make a contribution. In some circumstances, it may not be feasible for a lawyer to directly provide pro bono services. In those circumstances, a lawyer may instead fulfill his or her individual pro bono ethical commitment, in part, by providing financial support to organizations providing free legal services to persons of limited means. In deciding to provide that financial support, the lawyer should, at minimum, approximate the value of the hours of pro bono legal service that he or she would otherwise have provided. In some circumstances, pro bono contributions may be measured collectively, as by a firms aggregate pro bono activities or financial contributions. contribution of both pro bono legal services and financial contributions to legal aid organizations. Lawyers also make invaluable contributions through their other voluntary public service activities that increase access to justice or improve the law and the legal system. In view of their expertise in areas that critically affect the lives and well-being of members of the public, lawyers are uniquely situated to provide invaluable assistance in order to benefit those who might otherwise be unable to assert or protect their interests, and to support those legal organizations that advance these goals.
6073. It has been the tradition of those learned in the law and licensed to practice law in this state to provide voluntary pro bono legal services to those who cannot afford the help of a lawyer. Every lawyer authorized and privileged to practice law in California is expected strongly encouraged to make a contribution. In some circumstances, it may not be feasible for a lawyer to directly provide pro bono services. In those circumstances, a lawyer may instead fulfill his or her individual pro bono ethical commitment, in part, by providing financial support to organizations providing free legal services to persons of limited means. In deciding to provide that financial support, the lawyer should, at minimum, approximate the value of the hours of pro bono legal service that he or she would otherwise have provided. In some circumstances, pro bono contributions may be measured collectively, as by a firms aggregate pro bono activities or financial contributions. contribution of both pro bono legal services and financial contributions to legal aid organizations. Lawyers also make invaluable contributions through their other voluntary public service activities that increase access to justice or improve the law and the legal system. In view of their expertise in areas that critically affect the lives and well-being of members of the public, lawyers are uniquely situated to provide invaluable assistance in order to benefit those who might otherwise be unable to assert or protect their interests, and to support those legal organizations that advance these goals.
6073. It has been the tradition of those learned in the law and licensed to practice law in this state to provide voluntary pro bono legal services to those who cannot afford the help of a lawyer. Every lawyer authorized and privileged to practice law in California is expected strongly encouraged to make a contribution. In some circumstances, it may not be feasible for a lawyer to directly provide pro bono services. In those circumstances, a lawyer may instead fulfill his or her individual pro bono ethical commitment, in part, by providing financial support to organizations providing free legal services to persons of limited means. In deciding to provide that financial support, the lawyer should, at minimum, approximate the value of the hours of pro bono legal service that he or she would otherwise have provided. In some circumstances, pro bono contributions may be measured collectively, as by a firms aggregate pro bono activities or financial contributions. contribution of both pro bono legal services and financial contributions to legal aid organizations. Lawyers also make invaluable contributions through their other voluntary public service activities that increase access to justice or improve the law and the legal system. In view of their expertise in areas that critically affect the lives and well-being of members of the public, lawyers are uniquely situated to provide invaluable assistance in order to benefit those who might otherwise be unable to assert or protect their interests, and to support those legal organizations that advance these goals.
SEC. 3. Section 6073.1 is added to the Business and Professions Code, to read:6073.1. For purposes of this article, the following definitions apply:(a) Legal aid organization has the meaning provided in Section 6159.51.(b) (1) Pro bono legal services means any of the following:(A) Legal services provided without fee, with reduced fee, or with no expectation of fee to either a person of limited means or an indigent person, as defined in paragraph (1) of subdivision (f) of Section 8030.4.(B) Legal services provided at no fee or at substantially reduced fee to groups or organizations seeking to secure or protect civil rights, civil liberties, or public rights.(C) Professional services rendered in civil matters, and in those criminal matters for which the government is not obliged to provide funds for legal representation, to persons who are financially unable to compensate counsel.(D) Activities related to improving the administration of justice by simplifying the legal process for, or increasing the availability and quality of legal services to, poor persons.(E) Additional services provided through participation in activities for improving the law, the legal system, or the legal profession.(2) Pro bono legal services does not include legal services written off as bad debts.
SEC. 3. Section 6073.1 is added to the Business and Professions Code, to read:
### SEC. 3.
6073.1. For purposes of this article, the following definitions apply:(a) Legal aid organization has the meaning provided in Section 6159.51.(b) (1) Pro bono legal services means any of the following:(A) Legal services provided without fee, with reduced fee, or with no expectation of fee to either a person of limited means or an indigent person, as defined in paragraph (1) of subdivision (f) of Section 8030.4.(B) Legal services provided at no fee or at substantially reduced fee to groups or organizations seeking to secure or protect civil rights, civil liberties, or public rights.(C) Professional services rendered in civil matters, and in those criminal matters for which the government is not obliged to provide funds for legal representation, to persons who are financially unable to compensate counsel.(D) Activities related to improving the administration of justice by simplifying the legal process for, or increasing the availability and quality of legal services to, poor persons.(E) Additional services provided through participation in activities for improving the law, the legal system, or the legal profession.(2) Pro bono legal services does not include legal services written off as bad debts.
6073.1. For purposes of this article, the following definitions apply:(a) Legal aid organization has the meaning provided in Section 6159.51.(b) (1) Pro bono legal services means any of the following:(A) Legal services provided without fee, with reduced fee, or with no expectation of fee to either a person of limited means or an indigent person, as defined in paragraph (1) of subdivision (f) of Section 8030.4.(B) Legal services provided at no fee or at substantially reduced fee to groups or organizations seeking to secure or protect civil rights, civil liberties, or public rights.(C) Professional services rendered in civil matters, and in those criminal matters for which the government is not obliged to provide funds for legal representation, to persons who are financially unable to compensate counsel.(D) Activities related to improving the administration of justice by simplifying the legal process for, or increasing the availability and quality of legal services to, poor persons.(E) Additional services provided through participation in activities for improving the law, the legal system, or the legal profession.(2) Pro bono legal services does not include legal services written off as bad debts.
6073.1. For purposes of this article, the following definitions apply:(a) Legal aid organization has the meaning provided in Section 6159.51.(b) (1) Pro bono legal services means any of the following:(A) Legal services provided without fee, with reduced fee, or with no expectation of fee to either a person of limited means or an indigent person, as defined in paragraph (1) of subdivision (f) of Section 8030.4.(B) Legal services provided at no fee or at substantially reduced fee to groups or organizations seeking to secure or protect civil rights, civil liberties, or public rights.(C) Professional services rendered in civil matters, and in those criminal matters for which the government is not obliged to provide funds for legal representation, to persons who are financially unable to compensate counsel.(D) Activities related to improving the administration of justice by simplifying the legal process for, or increasing the availability and quality of legal services to, poor persons.(E) Additional services provided through participation in activities for improving the law, the legal system, or the legal profession.(2) Pro bono legal services does not include legal services written off as bad debts.
6073.1. For purposes of this article, the following definitions apply:
(a) Legal aid organization has the meaning provided in Section 6159.51.
(b) (1) Pro bono legal services means any of the following:
(A) Legal services provided without fee, with reduced fee, or with no expectation of fee to either a person of limited means or an indigent person, as defined in paragraph (1) of subdivision (f) of Section 8030.4.
(B) Legal services provided at no fee or at substantially reduced fee to groups or organizations seeking to secure or protect civil rights, civil liberties, or public rights.
(C) Professional services rendered in civil matters, and in those criminal matters for which the government is not obliged to provide funds for legal representation, to persons who are financially unable to compensate counsel.
(D) Activities related to improving the administration of justice by simplifying the legal process for, or increasing the availability and quality of legal services to, poor persons.
(E) Additional services provided through participation in activities for improving the law, the legal system, or the legal profession.
(2) Pro bono legal services does not include legal services written off as bad debts.
SEC. 4. Section 6073.2 is added to the Business and Professions Code, to read:6073.2. (a) Every lawyer should aspire to provide at least 50 hours of pro bono legal services each year and contribute financially to legal aid organizations. A lawyer who is in private practice or is employed by a for-profit entity should aspire to annually contribute financially to legal aid organizations a total amount at least equivalent to the following:(1) The amount typically billed by the lawyer, or by the firm with which the lawyer is associated, for one hour of time.(2) If the lawyer performs his or her work on a contingency basis, the amount typically billed by lawyers in the community for one hour of time.(3) The amount typically paid by the organization employing the lawyer for one hour of the lawyers time.(4) If the lawyer is underemployed, an amount not to exceed one-tenth of one percent of the lawyers annual income.(b) The State Bar shall require a member of the State Bar to report the hours of pro bono legal services performed and the amount of money contributed to legal aid organizations on an annual basis when the State Bar statement is due. Each member shall self-report this information through the members State Bar online profile on the State Bars Internet Web site through a provided section where those hours and financial contributions may be declared.(c) The State Bar shall retain and maintain the information reported pursuant to subdivision (b) for purposes of historical record on a members State Bar online profile during the time the members status is active. This information shall be made publicly available on the members State Bar online profile.(d) Subdivision (b) does not apply to a member of the State Bar who is exempt from mandatory continuing legal education requirements pursuant to Section 6070 or who is employed by an organization primarily engaged in the provision of pro bono legal services, including qualified legal services projects and qualified support centers, as defined in Section 6213.(e) Failure to fulfill the aspirational goals described in this section is not intended to be grounds for disciplinary recourse.
SEC. 4. Section 6073.2 is added to the Business and Professions Code, to read:
### SEC. 4.
6073.2. (a) Every lawyer should aspire to provide at least 50 hours of pro bono legal services each year and contribute financially to legal aid organizations. A lawyer who is in private practice or is employed by a for-profit entity should aspire to annually contribute financially to legal aid organizations a total amount at least equivalent to the following:(1) The amount typically billed by the lawyer, or by the firm with which the lawyer is associated, for one hour of time.(2) If the lawyer performs his or her work on a contingency basis, the amount typically billed by lawyers in the community for one hour of time.(3) The amount typically paid by the organization employing the lawyer for one hour of the lawyers time.(4) If the lawyer is underemployed, an amount not to exceed one-tenth of one percent of the lawyers annual income.(b) The State Bar shall require a member of the State Bar to report the hours of pro bono legal services performed and the amount of money contributed to legal aid organizations on an annual basis when the State Bar statement is due. Each member shall self-report this information through the members State Bar online profile on the State Bars Internet Web site through a provided section where those hours and financial contributions may be declared.(c) The State Bar shall retain and maintain the information reported pursuant to subdivision (b) for purposes of historical record on a members State Bar online profile during the time the members status is active. This information shall be made publicly available on the members State Bar online profile.(d) Subdivision (b) does not apply to a member of the State Bar who is exempt from mandatory continuing legal education requirements pursuant to Section 6070 or who is employed by an organization primarily engaged in the provision of pro bono legal services, including qualified legal services projects and qualified support centers, as defined in Section 6213.(e) Failure to fulfill the aspirational goals described in this section is not intended to be grounds for disciplinary recourse.
6073.2. (a) Every lawyer should aspire to provide at least 50 hours of pro bono legal services each year and contribute financially to legal aid organizations. A lawyer who is in private practice or is employed by a for-profit entity should aspire to annually contribute financially to legal aid organizations a total amount at least equivalent to the following:(1) The amount typically billed by the lawyer, or by the firm with which the lawyer is associated, for one hour of time.(2) If the lawyer performs his or her work on a contingency basis, the amount typically billed by lawyers in the community for one hour of time.(3) The amount typically paid by the organization employing the lawyer for one hour of the lawyers time.(4) If the lawyer is underemployed, an amount not to exceed one-tenth of one percent of the lawyers annual income.(b) The State Bar shall require a member of the State Bar to report the hours of pro bono legal services performed and the amount of money contributed to legal aid organizations on an annual basis when the State Bar statement is due. Each member shall self-report this information through the members State Bar online profile on the State Bars Internet Web site through a provided section where those hours and financial contributions may be declared.(c) The State Bar shall retain and maintain the information reported pursuant to subdivision (b) for purposes of historical record on a members State Bar online profile during the time the members status is active. This information shall be made publicly available on the members State Bar online profile.(d) Subdivision (b) does not apply to a member of the State Bar who is exempt from mandatory continuing legal education requirements pursuant to Section 6070 or who is employed by an organization primarily engaged in the provision of pro bono legal services, including qualified legal services projects and qualified support centers, as defined in Section 6213.(e) Failure to fulfill the aspirational goals described in this section is not intended to be grounds for disciplinary recourse.
6073.2. (a) Every lawyer should aspire to provide at least 50 hours of pro bono legal services each year and contribute financially to legal aid organizations. A lawyer who is in private practice or is employed by a for-profit entity should aspire to annually contribute financially to legal aid organizations a total amount at least equivalent to the following:(1) The amount typically billed by the lawyer, or by the firm with which the lawyer is associated, for one hour of time.(2) If the lawyer performs his or her work on a contingency basis, the amount typically billed by lawyers in the community for one hour of time.(3) The amount typically paid by the organization employing the lawyer for one hour of the lawyers time.(4) If the lawyer is underemployed, an amount not to exceed one-tenth of one percent of the lawyers annual income.(b) The State Bar shall require a member of the State Bar to report the hours of pro bono legal services performed and the amount of money contributed to legal aid organizations on an annual basis when the State Bar statement is due. Each member shall self-report this information through the members State Bar online profile on the State Bars Internet Web site through a provided section where those hours and financial contributions may be declared.(c) The State Bar shall retain and maintain the information reported pursuant to subdivision (b) for purposes of historical record on a members State Bar online profile during the time the members status is active. This information shall be made publicly available on the members State Bar online profile.(d) Subdivision (b) does not apply to a member of the State Bar who is exempt from mandatory continuing legal education requirements pursuant to Section 6070 or who is employed by an organization primarily engaged in the provision of pro bono legal services, including qualified legal services projects and qualified support centers, as defined in Section 6213.(e) Failure to fulfill the aspirational goals described in this section is not intended to be grounds for disciplinary recourse.
6073.2. (a) Every lawyer should aspire to provide at least 50 hours of pro bono legal services each year and contribute financially to legal aid organizations. A lawyer who is in private practice or is employed by a for-profit entity should aspire to annually contribute financially to legal aid organizations a total amount at least equivalent to the following:
(1) The amount typically billed by the lawyer, or by the firm with which the lawyer is associated, for one hour of time.
(2) If the lawyer performs his or her work on a contingency basis, the amount typically billed by lawyers in the community for one hour of time.
(3) The amount typically paid by the organization employing the lawyer for one hour of the lawyers time.
(4) If the lawyer is underemployed, an amount not to exceed one-tenth of one percent of the lawyers annual income.
(b) The State Bar shall require a member of the State Bar to report the hours of pro bono legal services performed and the amount of money contributed to legal aid organizations on an annual basis when the State Bar statement is due. Each member shall self-report this information through the members State Bar online profile on the State Bars Internet Web site through a provided section where those hours and financial contributions may be declared.
(c) The State Bar shall retain and maintain the information reported pursuant to subdivision (b) for purposes of historical record on a members State Bar online profile during the time the members status is active. This information shall be made publicly available on the members State Bar online profile.
(d) Subdivision (b) does not apply to a member of the State Bar who is exempt from mandatory continuing legal education requirements pursuant to Section 6070 or who is employed by an organization primarily engaged in the provision of pro bono legal services, including qualified legal services projects and qualified support centers, as defined in Section 6213.
(e) Failure to fulfill the aspirational goals described in this section is not intended to be grounds for disciplinary recourse.