ORLP Story

The Overarching Reproductive Law Project (ORLP) is a project of Southwestern Law School's Women's Law Association and the Women Lawyer Association of Los Angeles (WLALA). It was co-founded by then-law students I'niah Clark, Jenna Karvunidis, and Christy Macleod and advised by Laurie Taylor of WLALA.

After the Dobbs decision was issued, Jenna, Christy and I'niah sought guidance from the WLALA. Soon, ORLP formed a solid team of over 20 students and is now advised by WLALA's Laurie Taylor.

The first phase was research about the laws of ally states. ORLP volunteers were asked to answer a set of research questions about their assigned states, which were collated into a living master document that is updated as laws across our country change. Student volunteers also read articles to keep abreast of changes in the law that seem to decimate protections for women by the day. 

ORLP then drafted our first letter, one to the State Bar of California (sent October 3, 2022 via certified mail). ORLP urge the State bar of California to adopt the following advisory opinion: 

As a result of and in response to the U.S. Supreme Court cases  Dobbs v. Jackson Women's Health Organization and Whole Women’s Health v. Jackson (S.B. 8 litigation), a California lawyer who engages in conduct that is legal in California, specifically that of seeking an abortion, or facilitating or aiding and abetting a person seeking abortion care or other reproductive health care access to secure that care, in a state where that care is legal, whether or not that facilitation or care is legal or authorized in another state, the California attorney will not face discipline (original or reciprocal) from the California Bar. Aiding a person who seeks abortion care is not considered an act of moral turpitude, nor does it affect the lawyer’s fitness to practice law. 

ORLP then sent a letter to California Governor Gavin Newsom on November 18, 2022, urging him to endorse our efforts. We sent other letters and comments (see READ OUR WORK).

SUCCESS

In February 2023, the State Bar of California solicited pubic commentary on the new Rule 8.3 that mandates attorneys report other attorneys for criminal behavior. ORLP sought a carve-out for conduct that is legal in California, but that violates laws in other states, specifically conduct related to abortion access.  

On March 3, 2023, ORLP's efforts were met with success. Professional Rule 8.3 now shields California attorneys from mandatory reporting for crimes involving conduct that is legal in California. The California Supreme Court approved Rule 8.3 with subdivision (c), which we won by our advocacy. 

We will press the State Bar for a general exemption from disciplinary action for lawyering in support of reproductive justice, even when that work may violate restrictions in other states. 

To this end, we also sought an advisory opinion and comment on several other Professional Rules of Conduct.

Attorneys take an oath when they become members of the State Bar of California, in which they vow to uphold a litany of Professional Rules. Among these is California Professional Rule 1.2.1(a), which states a lawyer shall not counsel or assist a client to violate any law. But what if that law is a Texas anti-choice statute? 

California Professional Rule 8.4(b) states that it is professional misconduct for a lawyer to commit a criminal act. But what if that act is only criminal in Arizona because of an 1864 law (enacted before Arizona was even a state) was given new effect when Roe protections crumbled? 

California Professional Rule 8.2 Comment [4] states that a lawyer may be disciplined for acts involving “moral turpitude.” Helping an out-of-state people enter California to get the reproduction access is not an act of moral turpitude; in fact, it is one of mercy and dignity, but we cannot be so certain the California State Bar agrees. Bar discipline can be career-ending.

ORLP seeks  the following formal ethics opinion from the California State Bar: 

As a result of and in response to the U.S. Supreme Court cases  Dobbs v. Jackson Women's Health Organization and Whole Women’s Health v. Jackson (S.B. 8 litigation), a California lawyer who engages in conduct that is legal in California, specifically that of seeking an abortion, or facilitating or aiding and abetting a person seeking abortion care or other reproductive health care access to secure that care, in a state where that care is legal, whether or not that facilitation or care is legal or authorized in another state, the California attorney will not face discipline (original or reciprocal) from the California Bar. Aiding a person who seeks abortion care is not considered an act of moral turpitude, nor does it affect the lawyer’s fitness to practice law. 

While we celebrate a big win because Rule 8.3  passed including our carve-out, ORLP will continue to work to get express protection from the State Bar of California so that California attorneys are free to work towards reproductive justice.