Local Rule 9010-2: STUDENT PRACTICE

9010-2. STUDENT PRACTICE [Former Rule 7]

A. An eligible law student, with the Court's approval, under supervision of an attorney, may appear on behalf of any person, including the United States Attorney, who has consented in writing.

B. The attorney who supervises a student shall:

(1) be admitted to bankruptcy practice in the United States District and Bankruptcy Courts for the Western District of New York;

(2) assume personal professional responsibility for the student's work;

(3) assist the student to the extent necessary;

(4) appear with the student in all proceedings before the Court;

(5) indicate in writing his or her consent to supervise the student.

C. In order to appear, the student shall:

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

(2) have completed legal studies amounting to at least two semesters or the equivalent;

(3) be certified by either the dean or a faculty member of his or her law school as qualified to provide the legal representation permitted by these rules. This certification may be withdrawn by the certifier at any time by mailing a notice to the Clerk or by termination by the Judge presiding in the case in which the student appears without notice or hearing and without showing of cause. The loss of certification by action of a Judge shall not be considered a reflection on the character or ability of the student;

(4) be introduced to the Court by an attorney admitted to bankruptcy practice before the Court;

(5) neither ask for nor receive any compensation or remuneration of any kind for his or her services from the person on whose behalf he or she renders services, but this shall not prevent an attorney, legal aid bureau, law school, a state or the United States from paying compensation to the eligible law student, nor shall it prevent any agency from making proper charges for its services;

(6) certify in writing that he or she is familiar with and will comply with the Code of Professional Responsibility of the American Bar Association;

(7) certify in writing that he or she is familiar with the procedural and evidentiary rules relevant to the action in which he or she is appearing.

D. The law student, supervised in accordance with these rules, may:

(1) appear as counsel in Court or at other proceeding when written consent of the client (on the form available in the Clerk's Office) or of the United States Attorney, when the client is the United States, and the supervising attorney have been filed, and when the Court has approved the student's request to appear in the particular case to the extent that the Judge presiding at the hearing or trial permits;

(2) prepare and sign motions, petitions, answers, briefs, and other documents in connection with any matter in which he or she had met the conditions of "1" above; each such document also shall be signed by the supervising attorney.

E. Forms for designating compliance with this rule shall be available in the Bankruptcy Court Clerk's Office. Completed forms shall be filed with the Bankruptcy Clerk.

F. Participation by students under the rule shall not be deemed a violation in connection with the rules for admission to the bar of any jurisdiction concerning practice of law before admission to that bar.