Under Article III, Div. 3, Ch. 1, Art.1 and Rule 9.45 attorneys that are working on a pro bono basis or for a legal services organization have the ability to practice in California on a limited basis.
Legal Services Organization
A “legal services organization” is usually, under California definitions:
- A non-profit entity operated exclusively in California
- A entity operating to assist indigent individuals, elderly individuals, or disabled individuals or those with mental health.
- Any program funded or supported by a ABA approved law school for non-profit purposes
- Any entity that receives a California Grant
- Any entity approved by the California Bar
The legal services organization must adhere to the following:
- Follow California Bar procedures for being certified as required
- Notify the California bar within 30 days in writing if any attorney has:
- Been terminated
- Is no longer employed at the organization
- Has violated a ethical rule
- For any other legal reason
Applications by Attorneys
Attorneys seeking to be California pro bono attorneys or assist with a legal organization must file an application to work for a legal organization with the clerk of the Supreme Court of California. They must include with the application:
- Proof of a being barred in another state
- Proof they have not been disciplined nor are facing discipline within the past 5 years or the foreseeable future
- Proof of being up to date with CLE requirements
- An affidavit from their employer that they have obtained the position
- An affidavit signed by the attorney that they have read the California rules on professional conduct, and understands they must report any disciplinary actions against them to the California courts.
Applicants will have their authorization terminate by the court if they no longer work for the legal services organization and must submit a notification to the Clerk of the California Supreme Court and the bar within 10-14 days.
Practice and Restrictions
Attorneys may practice law for their legal organizations or for California pro bono matters only while employed by such organization or client. Attorneys may also practice as California Registered In-House Counsel at the same time if they meet such requirements. Attorneys must also adhere to the following:
- Practice a max of 3 years as a legal services attorney
- Can not use any other title to describe their ability to represent entities or clients other than that they are a pro bono attorney for a limited amount of time or if they are a registered legal services attorney
- Attorneys cannot claim they are a member of the California bar
- Keep a California address
- Make certain their employer has indicated that they, the attorney will:
- Work without compensation
- Work solely for the employer
- Will be supervised by a California barred attorney, who will be liable for the non-barred attorneys conduct.
- Has read the California rules of professional responsibility
- That they are in good standing in their licensed jurisdictions
Supervising Attorney
A supervising attorney in good standing and admitted to the California bar must supervise the non California barred attorney. The California barred attorney must also have practiced in California for at least 4 years and cannot supervise more than one registered legal organization attorney at one time. They must also sign any documents drafted by the non California barred attorney that is to be used in a legal action.
Pro Bono
California pro bono attorneys who are not licensed in California must adhere to the guidelines put in place by Title III, Div. 2, Ch. 6. Such attorneys may be employed by California Qualified Legal Services Provider or try any entity that has been labeled as such under the lawyer referral service. The California pro bono program enables attorneys to provide legal services to low-income Californians. California pro bono attorneys must adhere to the same policies as those barred by the state of California and by those that are employed by legal service organizations.
To be considered a California pro bono attorney while not being licensed in California itself, attorneys must be admitted to at least one other jurisdiction, be engaged in the active practice of law for at least 4 previous years, and must be in good standing of any of the bars in which they are considered members, and must not have had any disciplinary action against them for the previous 15 years of practice. California pro bono attorneys also do not receive any compensation for their services from either the client, the legal service organization itself, or based on any contingency fees. The California pro bono attorney however can seek legal fees from the opposing party if the clients consent has been given. Of course, the legal service organization can reimburse the California pro bono attorney for any expenses the California pro bono attorney happens to incur.
Attorneys must file a pro bono application with the Clerk of the California Supreme Court. The application must include the following:
- Proof of a being barred in another state
- Proof they have not been disciplined nor are facing discipline within the past 4 years or the foreseeable future
- An affidavit from their employer that they have obtained the position
- An affidavit signed by the attorney that they have read the California rules on professional conduct, and understands they must report any disciplinary actions against them to the California courts.
- Provide legal services exclusively as a Pro Bono Practice Attorney and not otherwise engage in activities that require active status.
- Provide legal services for a qualified legal services provider or a certified lawyer referral service.
- Accept no compensation for legal services, except for reimbursement of expenses incurred.
- Comply with the MCLE requirements and all other rules and laws applicable to California Bar members.
- Notify the California Bar within 30 days of withdrawing from the program.
- Agree with the qualified legal services provider or certified lawyer referral service to provide a minimum number of hours of pro bono legal services annually (100 hours being the recommended minimum).
- Disclose any disciplinary charges to the qualified legal services provider or certified lawyer referral service as part of the attorney’s continuing duty.
Like attorneys specifically working for legal services organizations, attorneys that have been admitted to practice in California solely for pro bono reasons will have their ability to do so terminated if they no longer work or are in association with the pro bono service. Notification that the relationship has been terminated must be sent to the California Court clerk within 10 days of the actual date of termination.