Dear Governor Brown: I am writing to you to express my concerns about Assembly Bill No. 888, authored by Assemblyman Roger Dickinson. Under existing law, the State Bar may seek injunctive relief against anyone it deems to have engaged in the unauthorized practice of law. However, the proposed bill would allow the State Bar to recover the same civil penalties that only the state Attorney General and local prosecutors may recover under the state’s unfair business practices act. Additionally, the bill would allow the State Bar to recover attorney’s fees and costs, as well as exemplary damages, for bringing such actions, even if the action brought by the State Bar is entirely without merit. Of particular note, the bill does not allow a successful defending party in a State Bar action to collect attorney’s fees or costs if it prevails, nor does it provide for an award of exemplary damages to a successful defending party, if it is found that the State Bar acted in bad faith in bringing the action. Thus, the proposed bill is very one sided and inequitable. Likewise, the bill provides that if the State Bar requests that the Attorney General or local prosecutor bring such an action, it may be awarded its costs of investigation and/or prosecution, but a successful defending party is not entitled to such relief. Again, this seems unfair. My concern is that most Californians are unable to access the court system, due to the high costs of legal services, and the failure of the State Bar and its members, to provide sufficient pro bono services to the public. And with the severe budget cuts to the judiciary, most of the court’s self-help centers and free mediation services have been eliminated. However, In many cases, consumers can adequately handle their own legal matters, with some assistance in typing their forms, and being directed to sources of public information, which can help educate them in their matter, and basic courthouse procedures. The Legislature has previously recognized the need for such service providers, when it passed Business and Professions Code 6400, which allows legal document assistants to assist the public in handling their own legal matters, without giving legal advice. However, I am also aware that the State Bar and its members have repeatedly tried to put such providers out of business by unjustly accusing them of practicing law without a license. Indeed, studies conducted by Stanford University and the State Bar show that the majority of complaints filed against such providers, are filed by attorneys, and not by the consumers who have used the services of such providers. Also, I have read many articles in the news media, where it has been reported that attorneys often view these providers as competition, and would like to see them eliminated entirely. My concern is that the State Bar is not a disinterested party. After all, its members are all attorneys, and the State Bar acts on behalf of its members. Therefore, its interests and the interests of consumers are not always the same. The unfair business practices act was amended by the voters in 2004 to curtail the rash of “shake-down” suits brought by attorneys for minor violations of the law. These suits forced many small businesses to close their doors because they could not afford to hire legal counsel to defend them in such actions. As a result, the voters limited actions brought under the statute on behalf of the public to those brought by the Attorney General and local prosecutors, who were viewed as more objective parties. I share the same concern. If this bill is signed into law, the State Bar will be encouraged to bring a rash of unmeritorious actions, in order to put legal document assistants out of business. These providers will not be able to afford to hire legal counsel to defend them, and will be forced to go out of business. And the State Bar has nothing to lose by bringing such actions, as it will collect its attorney’s fees, even if the legal document assistant wins. If this should occur, it would be very harmful to consumers, as they will be deprived of a much needed service, as well as any access to the legal system. For all of these reasons, I urge you to veto this bill. Please sign this petition, if you have not done so already. Thank you. change.org/petitions/govenor-jerry-brown-legal-document-assistants-to-be-exempted-from-the-bill-s-provisions
Posted on: Sun, 28 Jul 2013 23:14:44 +0000
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