News Releases

State Bar Board of Trustees Sets 2020 Priorities for Furthering Access and Improving Fairness in Discipline

At its January meeting that concluded Friday, the State Bar Board of Trustees set direction on strategic priorities intended to expand access to justice and ensure that the attorney discipline system is fair and effective.

“Every January, the Board of Trustees reviews the State Bar’s progress in implementing our Strategic Plan and identifies priorities for focused attention in the coming year towards further achievement of our strategic goals. This year is no different,” said Interim Executive Director Donna Hershkowitz. “Under the Board’s direction, we are continuing the many innovative and forward-leaning initiatives already in progress and undertaking new initiatives necessary to carry out our mission of public protection.”

The Board discussed how access to legal services in California could be expanded with the help of nonattorneys providing critically needed services. The existing statutory framework allows for very limited services by nonattorneys. Representatives from Washington State, which pioneered a Limited License Legal Technician (LLLT) program, shared their experience, and the Board discussed what a California program could encompass. The Board directed that a working group be established to explore options for a California paraprofessional program, including the pathways to licensure, subject matter areas that may be appropriate, and the scope of authority within those subject matter areas. The working group is expected to submit its recommendations to the Board by year end 2020.

The Board also discussed objectives to continue strengthening the fairness and effectiveness of the State Bar’s discipline system. The Board directed staff to recommend an action plan by midyear to follow up on the State Bar’s first-ever study on racial disparities in California’s attorney discipline system, and also directed staff to explore and report back to the Board with recommendations for improving procedural fairness, reducing recidivism, and increasing the ability of victims to collect restitution.

Other actions taken by the Board of Trustees:

2020 budget finalized

The Board of Trustees adopted a 2020 budget that projects $213.7 million in revenues and $244.6 million in expenses. The budget reflects the first licensing fee increase the State Bar has received in more than 20 years and adheres to the purposes for which the 2020 fee increase was granted, including adding critically needed staff for the Office of Chief Trial Counsel, providing retiree health benefits to nonexecutive staff for the first time, and addressing the State Bar’s longstanding operating deficit.

The Board also discussed options for budget areas where gaps remain, particularly reserve replenishment and capital improvements. In its 2019 fee bill, the Legislature approved $3 per licensee for reserve replenishment, compared to the State Bar’s identified need of $34. The increase approved by the Legislature for capital improvements was $4 per licensee, for each of the next 10 years, providing only $800,000 annually for needed maintenance and improvements.

California Justice Gap Study

Incorporated into the Board’s planning discussions were the results of the State Bar’s groundbreaking California Justice Gap Study, just completed. This comprehensive analysis offers a stark view of the state’s current ability to meet the civil legal needs of Californians. According to the study, 55 percent of Californians had at least one civil legal problem in 2018. But they sought legal help for only 30 percent of their problems, for reasons including the fact that they did not identify the problem as legal in nature, cost, fear of pursuing legal action, or not knowing how or where to seek help.

The study also examines the cost of legal education in California and the impact that law school debt has on the ability or willingness of law students to join the ranks of legal services attorneys working every day to improve access to justice. Finally, the study’s executive report outlines recommendations that policymakers, funders, researchers, and members of the legal services community can use to begin closing the California Justice Gap.

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The State Bar of California's mission is to protect the public and includes the primary functions of licensing, regulation and discipline of attorneys; the advancement of the ethical and competent practice of law; and support of efforts for greater access to, and inclusion in, the legal system.