Yes. There is no restriction in the statute regarding where the pro bono work is performed or where the clients are located. Pro bono services provided outside California should therefore be included in what licensees report.

While there is no requirement to provide pro bono hours, the State Bar encourages attorneys to provide at least 50 hours of pro bono legal services annually. However, any amount will have a positive impact on the individuals and groups served.

Attorneys are also encouraged to contribute financial support to nonprofit organizations that provide pro bono legal services, especially those attorneys who are unable to directly render services. Options include making a contribution directly to a legal aid organization or donating to the Greg E. Knoll Justice Gap Fund through your annual fee statement, or at any other time in Agency Billing or My State Bar Profile. See the Pro Bono Resolution on the State Bar’s website. 

Yes. Some categories of attorneys are exempt from reporting pro bono hours. However, even licensees who are exempt from reporting their pro bono hours must declare their exemption status in My State Bar Profile. The reporting requirement applies to active licensees, including participants in the State Bar’s Pro Bono Practice Program. The reporting requirement does not apply to:

• Licensees employed by an organization primarily engaged in the provision of pro bono legal services, including qualified legal services projects and qualified support centers, legal aid organizations, and nonprofit public benefit corporations.
• Full-time employees, officers, or elected officials of the State of California, political subdivisions, or the federal government. This includes city and county employees (such as public defenders), trial court attorneys employed by the judicial branch, and employees of tribal governments and the University of California. Attorneys working for state governments outside California are not included in this exemption.
• Licensees whose current employer prohibits them from performing pro bono legal services (if declared on their My State Bar Profile by selecting the corresponding checkbox under this option).

For more information, see Business and Professions Code section 6073.2.

No. Appellate counsel appointed to represent indigent defendants are not included in any of the categories of attorneys who are exempt from reporting pro bono or reduced fee hours under Business and Professions Code section 6073.2(d). Although work performed by appointed appellate counsel does not meet the definition of pro bono services under Business and Professions Code section 6073.1(c), this work may qualify as reduced fee or “low bono” legal services. Under Business and Professions Code section 6073.1(d), reduced fee legal services means providing or enabling the direct delivery of legal services at a substantially reduced rate that is affordable to persons of limited means to either a person of limited means or a person or an organization identified in subparagraph (A), (B), or (C) of paragraph (1) in subdivision (c) of section 6073.1.” Attorneys are encouraged to use their best good-faith judgment when making these determinations.

Attorneys are asked to provide their best, good faith effort at reporting the amount of pro bono and/or reduced fee legal services hours provided to low-income individuals, nonprofit organizations, or public law libraries during the past year to meet the requirement of Business and Professions Code section 6073.2. Per section 6073.2(g), failure to comply with any of the provisions of this section is not grounds for disciplinary or administrative recourse.

Yes. Any licensee who was active for any part of the reporting period and who did not meet one of the exemptions in Business and Professions Code section 6073.2(d) for the entire reporting period is required to report the amount of pro bono service hours provided in the past year. Even licensees who are exempt from reporting their pro bono hours must declare their exemption status in My State Bar Profile. 

Yes. An active licensee who met one of the exemptions in Business and Professions Code section 6073.2(d) for part of the year, but at any point in the year does not meet that exemption, is still required to report the amount of pro bono service hours provided in the past year. Even licensees who are exempt from reporting their pro bono hours must declare their exemption status in My State Bar Profile.

Yes. Business and Professions Code section 6073.2(d)(2) only applies to full-time employees or officers or elected officials of the State of California, or political subdivision thereof, or the federal government. Part-time employees are required to report either the amount of pro bono service hours provided in the past year, that they did not track their pro bono or reduced fee legal services hours, that they did not complete any pro bono or reduced fee legal services hours, or that they decline to answer.

Any active licensee who does not meet one of the exemptions in Business and Professions Code section 6073.2(d) is required to report the amount of pro bono service hours provided in the past year, including pro bono professionals, law school professors, and attorneys employed at law schools. Attorneys are asked to provide their best, good faith effort at reporting the amount of pro bono and/or reduced fee legal services hours provided to low-income individuals, nonprofit organizations, or public law libraries during the past year to meet the requirement of Business and Professions Code section 6073.2. Even licensees who are exempt from reporting their pro bono hours must declare their exemption status in My State Bar Profile. 

Members were chosen at random so you did not do anything to influence your being selected for the audit. All recipients selected for the audit are required to respond as directed in the Audit Notice in order to be found in compliance.