Circuit Rule 46: Attorneys; Appearance by Law Student — D.C. Cir.

(a) Appearances. Except as otherwise provided by law, the docketing statement and all papers filed thereafter in this court must be signed by at least one member of the bar of this court, and only members of the bar of this court may present oral argument. However, on motion for good cause shown, the court may allow argument to be presented in a case by an attorney who is not a member of the bar of this court.

(b) Admission. Each applicant for admission to the bar of this court must file with the clerk an application for admission on a form approved by the court and furnished by the clerk, accompanied by a certificate, executed not more than 60 days prior to the date of the application, from the court upon which the application is based, evidencing the applicant's admission to practice before that court and current good standing. Upon the court's grant of an application for admission, the clerk will mail to the applicant a certificate of admission. Applicants for admission to the bar of this court need not appear in person for the purpose of taking the oath or affirmation of admission. The fee for admission will be set periodically by order of the court and must be tendered with the application.

(c) Change of Address. Changes in the address of counsel and pro se litigants must be immediately reported to the clerk in writing. Counsel and pro se litigants who are registered for the court’s CM/ECF system must immediately report any change in their postal or e-mail address by updating their appellate filer account.

(d) Change of Name of Attorney After Admission. Any member of the bar of this court may file with the clerk a certificate that he or she is engaged in practice under a new name. The clerk will note such change of name on the roll of attorneys and on the records of this court.

(e) Disbarment and Suspension. For provisions governing the discipline of members of the bar of this court, see the court's Rules of Disciplinary Enforcement.

(f) Committee on Admissions and Grievances. For provisions governing the Committee on Admissions and Grievances and the referral of matters to that committee, see the court's Rules of Disciplinary Enforcement.

(g) Appearance by Law Student.

(1) Entry of Appearance on Written Consent of Party. An eligible law student may enter an appearance in this court on behalf of any party including the United States or a governmental agency, provided that the party on whose behalf the student appears has consented thereto in writing, and that a supervising lawyer has also indicated in writing approval of that appearance. In each case, the written consent and approval must be filed with the clerk.

(2) Appearance on Briefs and Participation in Oral Argument. A law student who has entered an appearance in a case pursuant to paragraph (1) may appear on the brief, provided the supervising attorney also appears on the brief; may participate in oral argument, provided the supervising attorney is present in court; and may take part in other activities in connection with the case, subject to the direction of the supervising attorney.

(3) Eligibility. In order to be eligible to make an appearance pursuant to this rule, the law student must:

(A) be duly enrolled in a law school accredited by the American Bar Association;

(B) have completed legal studies amounting to at least 4 semesters, or the equivalent if the school is on some basis other than a semester basis;

(C) be enrolled in or have passed a clinical program of an accredited law school for credit, held under the direction of a faculty member of such law school, in which a law student obtains practical experience by participating in cases and matters pending before the courts;

(D) be certified by the dean of the law school as being of good character and competent legal ability, and as being adequately trained to perform as a legal intern.

(4) Students Not to Be Compensated by Parties. A law student appearing pursuant to this rule may neither ask for nor receive any compensation or remuneration of any kind for services from any party on whose behalf the services are rendered; this rule does not prevent a lawyer, legal aid bureau, law school, public defender agency, or the government from paying compensation to the eligible law student, nor does it prevent any agency from making such charges for its services as may otherwise be proper.

(5) Withdrawal or Termination of Certification. The certification of a student by the law school dean must be filed with the clerk of this court and, unless it is sooner withdrawn, will remain in effect for 18 months, or until the announcement of the results of the first bar examination following the student's graduation, whichever is earlier. For any student who passes that examination, or who is admitted to the bar without taking an examination, the certification will continue in effect until the date the student is admitted to the bar. The certification may be withdrawn by the dean at any time by mailing a notice to that effect to the student and to the clerk of this court. It is not necessary that the notice state the cause for withdrawal, unless requested by the student. The certification may be terminated by this court at any time without notice or hearing and without any showing of cause.

(6) Supervising Attorney. An attorney under whose supervision an eligible law student undertakes any activity permitted by this rule must:

(A) be a member in good standing of the bar of this court;

(B) assume responsibility for the quality of the student's work;