The State Bar seeks a second round of public comment on Proposed Amendments to State Bar Rules Regarding the Pro Bono Practice Program, which seek to streamline requirements for attorneys, expand the number of eligible organizations with which a Pro Bono Practice Program attorney may volunteer, and increase access to justice for low- and moderate-income Californians. Length of comment period: 45 days.
Deadline: May 10, 2024, 11:59 p.m.
Comments should be submitted using the online Public Comment Form. The online form allows you to input your comments directly and can also be used to upload your comment letter and/or other attachments.
The Pro Bono Practice Program (PBPP) allows attorneys who would otherwise be inactive to maintain an active attorney license, with waived license fees, to provide pro bono legal services exclusively in partnership with a qualified legal services provider, the no-fee panel or pro bono clinic of a certified lawyer referral service, and/or a court-based self-help center. Currently, attorneys may apply for the PBPP if they:
In the last five years, an average of just 112 attorneys participated in the program, despite the State Bar licensing more than 266,000 attorneys (including about 76,000 inactive attorneys).
The rules were revised based on feedback received during the first public comment opportunity issued in December 2023. For more details, please see background materials below. Generally, these proposed revisions were crafted to support the State Bar’s 2022–2027 Strategic Plan, which includes a goal to “protect the public by enhancing access to and inclusion in the legal system.” One identified strategy under this goal is to “increase representation through the State Bar’s existing regulatory and oversight authority including special admissions and pro bono practice programs.”
The State Bar seeks to expand access to the program for both attorneys and the organizations with which they volunteer. The proposed revisions remove two requirements for attorneys: that they be admitted to practice law in California for at least three years and that they “have practiced law” or served as a judge in at least three of the prior five years. Such requirements are relatively uncommon in other states’ pro bono practice programs.
The proposed revisions would also allow additional nonprofit organizations that can demonstrate compliance with a set of client protection criteria to participate in the program. Pro bono practice attorneys would be able to provide free legal services to additional nonprofits that can annually provide:
The revisions would also require PBPP legal services providers to report the number of hours provided annually by pro bono attorneys to better understand the impact of the PBPP. Finally, several minor revisions are included so that the State Bar Rules more accurately reflect current practice related to the administrative processes related to the waiver of active attorneys’ fees and of certain eligibility requirements for good cause, and the method for legal services providers to affirm that the PBPP attorney will provide pro bono services at their organization, if approved.
If adopted, the proposed revisions may result in the State Bar receiving additional PBPP applications, which would require more staff time to review and to administer the program. Similarly, collecting data from PBPP legal services providers would increase State Bar staff time dedicated to the program. An increase in program participation would also result in the State Bar waiving more attorneys’ active licensee fees resulting in slightly lower licensing fee income.
Board of Trustees
May 10, 2024, 11:59 p.m.