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 services, and/or a court-based self-help center. Currently, attorneys may apply for the PBPP if they:
- Are in good standing with no pending disciplinary charges;
- Have been admitted to practice law in California for at least three years;
- Have practiced law or served as a judge in California for at least three of the last five years; and
- Have no record of public discipline during the prior three years.
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).
DISCUSSION/PROPOSAL
The rules were revised based on feedback received during the first public comment opportunity issued in December 2023. 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 organization’s mission statement;
- An active Certificate of Status from the California Secretary of State as a nonprofit corporation;
- The organization’s retainer agreement(s) that outlines for clients the scope of representation provided, confirms that services will be provided at no cost, and indicates services may be provided by a pro bono attorney;
- A list of all current California-licensed attorneys employed at the organization; and
- Proof of malpractice insurance coverage.
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 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.
More information on this proposal is here.