Does provisional licensure automatically terminate upon issuance of an adverse moral character determination?

No. The license is suspended to give the PLL the opportunity to contest the determination. If no request for review or appeal is timely filed, the PLL is terminated. If a request for review or appeal is timely filed, the PLL will remain suspended until the final outcome, unless the PLL is terminated as a result of other factors (such as failing to timely meet other program requirements).

What happens if a provisionally licensed lawyer is found culpable of misconduct?

If the State Bar Court determines that a PLL is culpable of conduct that would result in discipline if fully licensed by the State Bar, or if the PLL is sanctioned for misconduct by any court or professional licensing authority, the provisional license terminates. In addition, the matter is referred to moral character.

May a provisionally licensed lawyer have multiple supervising lawyers to get a broader range of experience?

Yes, the rules allow for multiple supervisors. The supervisors may work within the same law firm or at a different law firm if you will be employed or volunteer at more than one organization. You must submit a declaration from each supervising lawyer with your application in the Applicant Portal. You may not work at any organization unless you have submitted a declaration from a supervising lawyer with that organization, and the State Bar has approved the supervisor as eligible.

How do I find a supervising lawyer?

The California Lawyers Association (CLA) is collecting information about matching programs from around the state and has a provisional licensure e-community available to members where prospective supervisors and provisional licensees can connect. While the cost of joining CLA is minimal, if price is an obstacle to joining, CLA will provide assistance to individuals facing hardship if asked. Read more on the CLA resource page and find out how to join here.

  • If you plan to pursue a provisional license, you should let prospective employers know that and work with them to identify a potential supervising lawyer.
  • You must submit a signed declaration from your supervising lawyer with your application for provisional licensure. The declaration must confirm that you will be employed by, or volunteer at, the firm or organization of the supervising lawyer. The declaration must be submitted through the Applicant Portal; declarations sent via email and USPS are not automatically associated with the online application, which may delay processing.

What are the requirements for a supervising lawyer?

  • To qualify to supervise a PLL, the supervisor must have practiced law for at least four years and have actively practiced law in California or taught law at a California law school for at least two years immediately preceding the period of supervision.
  • Supervising lawyers may also be judges of a court of record in the California judicial branch.
  • Registered In-House Counsel and Registered Military Spouse Attorneys and others “specially admitted” are not California licensed attorneys and cannot act as supervisors for a PLL.
  • Supervising lawyers must be active licensees in good standing. They must not be ineligible to practice, actually suspended, under a stayed suspension order, or have resigned or been disbarred in any jurisdiction.
  • Supervising lawyers must agree to assume professional responsibility for any work of the PLL and must be prepared to assume personal representation of the PLL’s clients.

What are some of the other requirements imposed by the rules?

A PLL must:

  • Expressly refer to themselves orally and in writing as a Provisionally Licensed Lawyer and/or participant in the State Bar’s Provisional Licensure Program and not describe themselves as a fully licensed lawyer or imply in any way orally or in writing that they are a fully licensed lawyer.
  • Follow the same professional conduct rules as all fully licensed lawyers.
  • Agree to be subject to the disciplinary authority of the Supreme Court of California and the State Bar with respect to the law governing the conduct of lawyers.
  • Attest that they will not practice California law other than under the supervision of an approved supervising lawyer during the time they are provisionally licensed.
  • Be employed by or volunteering at the firm (as defined) where the supervising lawyer works and that firm must have an office located in California.

Do participants in the Pathway PLP need to take and pass the bar exam?

No. Entry into the Pathway PLP is only permitted for those who scored between 1390 and 1439 on a bar exam from July 2015 through February 2020. Program participants do not need to retake a bar exam if they complete 300 hours of supervised legal practice in the Pathway PLP and fulfill all other requirements of the rule.

What happens if someone who is in the Original PLP takes the bar exam but is unsuccessful?

Under the program for 2020 law graduates, PLLs who attempt the bar exam but do not pass it may continue in the Provisional Licensure Program until the program terminates. Furthermore, they are not required to sit for the bar exam. No further extensions of the program are anticipated. By the end of the program, they must have passed the bar exam to continue in the practice of law.

Can a PLL’s supervised hours include unpaid work?

While the PLP recognizes that some PLLs may engage in unpaid volunteer work, nothing in the program purports to exempt employers from any applicable employment and wage and hour laws. Employers interested in supervising a PLL in unpaid volunteer work should determine whether such an arrangement is legally permissible given the specific factual circumstances and should follow all applicable laws as required. Also, refer to the California Lawyers Association’s webpage about employing and paying a PLL.

I understand that only hours spent engaged in “legal practice” may be counted toward the 300 required hours for the Pathway PLP. Wouldn’t everything I do at the request of my supervising lawyer qualify as “legal practice”?

No. California Rule of Court 9.49.1(b)(3) defines “legal practice” as “the provision of permitted legal services to clients in compliance with rule 9.49(f) and (g).” Rule 9.49(g) states that legal services to clients include, but are not limited to, “appearing before a court or administrative tribunal, drafting legal documents, contracts or transactional documents, and pleadings, engaging in negotiations and settlement discussions, and providing other legal advice and counsel, provided that the work is performed under the supervision of a Supervising Lawyer.”

Please note that the rules require that services be provided to a client for those hours to count toward the admission requirements. Assignments such as conducting research can count when that research is being used to draft legal documents or to provide legal advice to a client. Assignments that do not involve providing services to a client, such as training, while helpful, are not considered “legal practice” under the rules.