SECTIONS 6072 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 6072

6072. (a) A contract with the state for legal services that exceeds
fifty thousand dollars ($50,000) shall include a certification by
the contracting law firm that the firm agrees to make a good faith
effort to provide, during the duration of the contract, a minimum
number of hours of pro bono legal services during each year of the
contract equal to the lesser of either (1) 30 multiplied by the
number of full-time attorneys in the firm's offices in the state,
with the number of hours prorated on an actual day basis for any
contract period of less than a full year or (2) 10 percent of its
contract with the state. "Ten percent of the contract" shall mean the
number of hours equal to 10 percent of the contract amount divided
by the average billing rate of the firm.
(b) Failure to make a good faith effort may be cause for
nonrenewal of a state contract for legal services, and may be taken
into account when determining the award of future contracts with the
state for legal services. If a firm fails to provide the hours of pro
bono legal services set forth in its certification, the following
factors shall be considered in determining whether the firm made a
good faith effort:
(1) The actual number of hours of pro bono legal services provided
by the firm during the term of the contract.
(2) The firm's efforts to obtain pro bono legal work from legal
services programs, pro bono programs, and other relevant communities
or groups.
(3) The firm's history of providing pro bono legal services, or
other activities of the firm that evidence a good faith effort to
provide pro bono legal services, such as the adoption of a pro bono
policy or the creation of a pro bono committee.
(4) The types of pro bono legal services provided, including the
quantity and complexity of cases as well as the nature of the relief
sought.
(5) The extent to which the failure to provide the hours of pro
bono legal services set forth in the certification is the result of
extenuating circumstances unforeseen at the time of the
certification.
(c) In awarding a contract with the state for legal services that
exceeds fifty thousand dollars ($50,000), the awarding department
shall consider the efforts of a potential contracting law firm to
provide, during the 12-month period prior to award of the contract,
the minimum number of hours of pro bono legal services described in
subdivision (a). Other things being equal, the awarding department
shall award a contract for legal services to firms that have
provided, during the 12-month period prior to award of the contract,
the minimum number of hours of pro bono legal services described in
subdivision (a).
(d) As used in this section, "pro bono legal services" means the
provision of legal services either:
(1) Without fee or expectation of fee to either:
(A) Persons who are indigent or of limited means.
(B) Charitable, religious, civic, community, governmental, and
educational organizations in matters designed primarily to address
the economic, health, and social needs of persons who are indigent or
of limited means.
(2) At no fee or substantially reduced fee to groups or
organizations seeking to secure or protect civil rights, civil
liberties, or public rights.
(e) Nothing in this section shall subject a contracting law firm
that fails to provide the minimum number of hours of pro bono legal
services described in subdivision (a) to civil or criminal liability,
nor shall that failure be grounds for invalidating an existing
contract for legal services.
(f) This article shall not apply to state contracts with, or
appointments made by the judiciary of, an attorney, law firm, or
organization for the purposes of providing legal representation to
low- or middle-income persons, in either civil, criminal, or
administrative matters.
(g) This article shall not apply to contracts entered into between
the state and an attorney or law firm if the legal services
contracted for are to be performed outside the State of California.
(h) The provisions of this article shall become operative on
January 1, 2003.