Local Rule RULE 2091-1: Student Practice Rule.

RULE 2091-1. Student Practice Rule.

(a) Purpose. This Court and the Bar are responsible for providing competent legal services. This Local Rule is adopted to assist practicing attorneys in providing legal services and to encourage law schools to provide clinical instruction in diverse trial work.

(b) Activities.

(1) An eligible law student may appear in this Court on behalf of any person in any case or adversary proceeding if:

(A) the person on whose behalf the student is appearing has consented in writing to the appearance, and the supervising attorney has approved the appearance in writing; and

(B) the supervising attorney is personally present throughout the case or proceeding and is fully responsible for the manner in which the case or proceeding is conducted.

(2) In each case, the written consent and approval referred to above shall be filed in the record of the case or proceeding and shall be brought to the attention of the Court.

(c) Requirements and Limitations. To proceed under this Local Rule, the law student must:

(1) be duly enrolled in a law school approved by the American Bar Association;

(2) have completed legal studies amounting to at least two-thirds of the total credit hours required for graduation;

(3) be certified by the Dean or designate of the student's law school as being of good moral character and competent legal ability and as being adequately trained to perform as a legal intern;

(4) be introduced to the Court by a member of the Bar of this Court;

(5) neither ask for nor receive any compensation or remuneration of any kind from the person on whose behalf the student renders services; but this shall not prevent an attorney employer, law school, or governmental agency from paying compensation to the eligible law student, nor shall it prevent any of the foregoing from making such charges for its services as it may otherwise properly require; and

(6) certify in writing that the student has read and is familiar with and will abide by the American Bar Association's Model Rules of Professional Conduct and the Montana Rules of Professional Conduct.

(d) Certification. The certification of a student by the Law School Dean or designate:

(1) shall be filed with the Clerk of Court, and, unless it is sooner withdrawn, shall remain in effect for twelve months after it is filed or until the student's admission to any bar, whichever occurs first. Under exceptional circumstances, the Dean or designate may renew the certification for one more twelve-month period. Law school graduates are eligible to practice under this Local Rule until the results of the first bar examination after their certification under this Local Rule are announced;

(2) may be withdrawn by the Dean or designate at any time by mailing a notice to that effect to the Clerk of Court, who shall forthwith mail copies thereof to the student and the supervising attorney; and

(3) may be terminated by this Court at any time without notice or a hearing and without showing cause.

(e) Supervision. The attorney under whose supervision an eligible law student participates in any of the activities permitted by this Local Rule shall:

(1) be an active member in good standing of the Bar of this Court;

(2) assume personal and professional responsibility for the student's guidance in any work undertaken and for supervising the quality of the student's work; and

(3) assist and counsel the law student in the activities mentioned in these Local Rules and review the activities with the student to ensure the student's proper practical training and the client's protection.

(f) Self-Represented Litigant. Nothing contained in this Local Rule shall affect the right of any person who is not admitted to practice law to do anything that person might lawfully have done before the adoption of this Local Rule.