(1) Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation. The State Bar is governed by a board of trustees, to consist under the act of no more than 19 members and no fewer than 13 members. The act states that it is the intent of the Legislature that the board transition to a 13-member board, as specified, with the goal of instituting such a board by October 31, 2020.
This bill would delete these provisions on the size of the board of trustees.
(2) Existing law requires the State Bar to assist in the establishment of a private, nonprofit corporation, named the California Lawyers Association. Existing law requires the California Lawyers Association to be governed in accordance with its bylaws and sets forth requirements for the bylaws, including membership of its governing board.
This bill would delete the provision requiring the California Lawyers Association to be governed in accordance with its bylaws and setting forth requirements for its bylaws.
(3) The act requires the State Bar to conduct a review and study regarding errors and omissions insurance for attorneys licensed in this state, including determinations on prescribed topics, and to report its findings to the Supreme Court and the Legislature no later than March 31, 2019.
This bill would delete that study and report requirement.
(4) Existing law requires the State Bar to issue an Annual Discipline Report by April 30 of each year and requires the report to cover the previous calendar year.
This bill would require that report to be provided by October 31 of each year and would require the report to cover the period from July 1 of the previous calendar year to June 30 of the year in which the report is issued, except as provided. The bill would revise the information the State Bar is required to include in the report.
(5) Existing law states, among other things, that it is the goal and policy of the State Bar to dismiss a complaint, admonish the attorney, or forward a completed investigation to the Office of Trial Counsel within 6 months after receipt of a written complaint. Existing law also requires the State Bar to set as a goal the improvement of its disciplinary system, as specified.
This bill would revise the goal and policy of the State Bar as it relates to complaints alleging attorney misconduct and would require, among other things, the State Bar to propose, no later than October 31, 2022, case processing standards for competently, accurately, and timely resolving cases within the Office of Chief Trial Counsel, as specified. The bill would state that it is also the goal and policy of the State Bar, as to complaints designated as complicated matters by the Chief Trial Counsel, to dismiss a complaint, admonish the attorney, or have the Office of Chief Trial Counsel file formal charges within 12 months after it receives a complaint alleging attorney misconduct.
(6) Existing law, until January 1, 2022, requires the board to charge an annual license fee for active licensees of up to $395 for 2021. The act also requires the board to charge an annual license fee for inactive licensees of up to $97.40 for inactive licensees on and after January 1, 2021.
This bill would require the board to charge the annual license fee for active licensees for 2022 and the annual license fee for inactive licensees for 2022 up to $395 and $97.40, respectively.
(7) Existing law requires the State Bar to provide offers of discounts and other benefits to their active and inactive licensees, and to require any revenue generated by these programs to be used as provided. Existing law requires 13 of revenue from certain programs to go to California ChangeLawyers, which shall then distribute the revenue to qualified legal services projects and support centers.
This bill would, among other things, permit a qualified legal services project or support center to elect in writing to direct their allocation to California ChangeLawyers for fellowships for law students and law graduates at qualified legal services projects and support centers. The bill would require California ChangeLawyers to use a competitive grant application process for determining grant awards, as specified.
(8) Existing law requires the board to contract with the California State Auditor's Office to conduct a performance audit of the State Bar's operations every 2 years, as prescribed.
This bill would require the California State Auditor's Office to conduct an independent audit to determine whether the State Bar's attorney complaint and discipline process adequately protects the public from misconduct by licensed attorneys or those who wrongfully hold themselves out as licensed attorneys, as prescribed. The bill would require the audit to be submitted by no later than April 15, 2022, to specified entities. The bill would require the State Bar to use existing resources to reimburse the California State Auditor's Office for the costs of conducting the audit. The bill would also remove obsolete provisions.
(9) Existing law requires an attorney or law firm receiving or disbursing trust funds to establish and maintain an Interest On Lawyers' Trust Accounts (IOLTA) account in which the attorney or law firm is required to deposit or invest all specified client deposits or funds. Existing law directs IOLTA account interest and dividends to be paid to the State Bar of California to be distributed for the provision of civil legal services to indigent persons in a prescribed order, including, after payment of administrative costs, 85% of remaining funds to qualified legal services projects.
This bill would create within the State Bar a Legal Services Trust Fund Commission to administer IOLTA accounts, Equal Access Funds, or similar funds or grant moneys intended for the support of qualified legal services projects and support centers. The bill would establish the composition and duties of the commission, including, but not limited to, requiring the commission to establish rules to determine an applicant's eligibility and grant-making decisions. The bill would provide that the provisions relating to the commission supersede any conflicting State Bar rules regarding the commission or its responsibilities or oversight by the board of trustees.
Existing law sets forth allocation procedures for IOLTA funds going towards qualified legal services projects based on total budget expended for legal services in the county as compared in the prior year, as provided, and requires the State Bar to recognize only expenditures attributable to the representation of indigent persons as constituting the budget of the program. Existing law prohibits the use of these moneys for criminal proceedings.
This bill would remove the requirement that the State Bar recognize only expenditures attributable to the representation of indigent persons as constituting the budget of the program. The bill would provide that civil legal services includes, in addition to matters traditionally considered civil, legal services related to expungements, record sealing or clearance proceedings not requiring a finding of factual innocence, and infractions. The bill would make technical and conforming changes in this regard.
(10) This bill would incorporate additional changes to Section 6213 of the Business and Professions Code proposed by SB 498 to be operative only if this bill and SB 498 are enacted and this bill is enacted last.

Statutes affected:
SB211: 6140 BPC
01/12/21 - Introduced: 6140 BPC
03/09/21 - Amended Senate: 6011 BPC, 6069.5 BPC, 6140 BPC
04/14/21 - Amended Senate: 6011 BPC, 6056 BPC, 6069.5 BPC, 6140 BPC
04/21/21 - Amended Senate: 6011 BPC, 6056 BPC, 6069.5 BPC, 6140 BPC
05/05/21 - Amended Senate: 6011 BPC, 6056 BPC, 6069.5 BPC, 6140 BPC, 6141 BPC
07/14/21 - Amended Assembly: 6011 BPC, 6056 BPC, 6069.5 BPC, 6140 BPC, 6141 BPC, 6145 BPC
09/02/21 - Amended Assembly: 6011 BPC, 6056 BPC, 6069.5 BPC, 6086.15 BPC, 6094.5 BPC, 6140 BPC, 6140.2 BPC, 6141 BPC, 6141.3 BPC, 6145 BPC, 6213 BPC, 6213 BPC, 6216 BPC, 6223 BPC
09/10/21 - Enrolled: 6011 BPC, 6056 BPC, 6069.5 BPC, 6086.15 BPC, 6094.5 BPC, 6140 BPC, 6140.2 BPC, 6141 BPC, 6141.3 BPC, 6145 BPC, 6213 BPC, 6213 BPC, 6216 BPC, 6223 BPC
10/08/21 - Chaptered: 6011 BPC, 6056 BPC, 6069.5 BPC, 6086.15 BPC, 6094.5 BPC, 6140 BPC, 6140.2 BPC, 6141 BPC, 6141.3 BPC, 6145 BPC, 6213 BPC, 6213 BPC, 6216 BPC, 6223 BPC
SB 211: 6140 BPC