Are any attorneys exempt from reporting pro bono hours?
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.
Are appellate counsel appointed to indigent defendants exempt from reporting?
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.
What are the consequences for attorneys not reporting their pro bono hours?
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.
I was an active licensee for only part of the reporting period. Do I still need to report?
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.
I changed jobs this year. For the first part of the year, I was at a government agency and exempt from reporting. I’m now working at a law firm. Do I need to report?
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.
I work part-time at a government agency. Do I need to report?
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.
What is the guidance on pro bono and reduced fee hours reporting for pro bono professionals, law school professors, and attorneys employed at law schools?
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.
Why am I being audited?
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.
Is there a service fee for the installment plan?
Yes, each installment payment is subject to a 2.5% service fee. However, no additional interest will be charged.
I work in a law office or judge’s chamber. Does my work qualify as legal study under the LOS Program?
No. Working in a law office or judge’s chambers is insufficient to get credit for legal study under the LOS Program.