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The California Bar Foundation and Cy Pres Awards

As the charitable arm of the State Bar of California, the California Bar Foundation is an ideal place to direct cy pres awards. Our mission is to build a better justice system for all Californians. Through our grant and scholarship programs, we:

  • Champion full and equal access to the justice system
  • Invest in the next generation of California's lawyers
  • Educate the public about its rights and responsibilities under the law
  • Promote philanthropy throughout the legal community

In 2007, the Foundation distributed more than $638,000 in grants funding access to justice, diversity, education, and other law-related projects and in scholarships assisting impressive law students dedicated to serving the community as public interest lawyers. As we receive no funding from mandatory State Bar membership fees, the Foundation's work is made possible by the financial support of dozens of law firms and corporations and thousands of individual donors.

What are Cy Pres Awards?

Cy pres are funds in class action cases (and sometimes other types of proceedings like probate matters) that, for any number of reasons, cannot be distributed to the class members or beneficiaries who were the intended recipients. Typically, courts can distribute these residual funds to appropriate charitable causes, and the Foundation and the many organizations it supports are appropriate beneficiaries.

The California Bar Foundation is an Ideal Choice for Cy Pres Awards.

  • The Foundation's mission. The Foundation's mission of building a better justice system makes it the perfect match for cy pres awards, as the underlying premise for class actions is to make access to justice a reality for the "little guy" who otherwise would not be able to obtain the protections of our justice system.

  • The Foundation's network and expertise. Through its extensive network of organizations that carry out projects aimed at increasing access to justice and educating the public about its rights and responsibilities, the Foundation is well situated to identify organizations that address issues related to the litigation at hand.

  • The Foundation's flexibility. The Foundation has the flexibility of using a cy pres award to expand our established grant-making and scholarship programs or to target the funds towards specific access to justice projects/organizations. We welcome cy pres awards that are not designated for specific projects or organizations but would support the full complement of the Foundation's programs.

  • The Foundation's oversight capabilities. Because the Foundation provides ongoing oversight of the projects it funds, the parties can be confident that cy pres funds will be used in the manner contemplated by the court.

  • The Foundation is free of potential conflicts. The Foundation does not file lawsuits or represent parties in any court, and thus is free of any potential conflict that otherwise might arise for the court or the defendant(s) in a case. The Foundation's mission of building a better justice system for all Californians is as American as apple pie, and thus corporate or institutional defendants need not be concerned about cy pres money going to a party that is possibly antagonistic to their interests.

  • The Foundation's service to the courts. The Foundation is relatively unique in that it funds projects of California courts, including court-based pro per assistance and public education programs that are critical to the fair and efficient administration of justice.

  • The Foundation's statewide focus. The Foundation brings a statewide perspective to its work, funding projects in rural areas, where the need for legal services is particularly great, as well as in the major metropolitan areas.

Recent Example of Cy Pres Award to the California Bar Foundation

In early 2008, the Foundation received a $102,088 cy pres award resulting from a consumer rights class action settlement in U.S. District Court, Northern District of California, San Jose Division. Co-lead counsel Girard Gibbs LLP, a national litigation firm specializing in class actions and complex business litigation, designated the Foundation as a cy pres beneficiary in the case. With the funds, the Foundation has awarded grants to four nonprofit organizations — The Katharine and George Alexander Law Center at Santa Clara University School of Law, Pro Bono Project Silicon Valley, Consumer Action, Inc., and Senior Adults Legal Assistance — working for the protection of consumer rights in Santa Clara County.

You Can Make a Real Difference to Improve Our Justice System

Thanks to our many supporters, the Foundation is making a real impact in its efforts to increase access to justice, to support the next generation of the state's public interest lawyers, to grow the pipeline of diverse individuals entering the legal profession, and to educate Californians of all ages, backgrounds, and interests of their rights. However, with nearly five million Californians living in poverty, an increasingly diverse population speaking many languages, and a comparatively high cost of living, the "justice gap" is real and enduring, as most low-income and many middle-class Californians lack access to the legal assistance they need.

Cy pres awards have proven to be one of the best means available to help close this gap, bolstering existing legal aid, pro bono, and scholarship programs and providing the "venture capital" for many new access to justice initiatives.

For more information about how you can help build a better justice system by directing a cy pres award to the California Bar Foundation, contact Leslie Hatamiya, Executive Director, at (415) 856-0780 or lhatamiya@calbarfoundation.org.

California Bar Foundation — 180 Howard Street — San Francisco, CA 94105
www.calbarfoundation.org
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