L.A.R. 46.3: Entry of Appearance by Eligible Law Students

(a) Eligibility

(1) An eligible law student who represented an indigent litigant in the district court in a civil matter or before an administrative agency may enter an appearance in this court provided that the person on whose behalf the student is appearing indicates in writing his or her consent to that appearance and a supervising lawyer also indicates in writing his or her approval of that appearance.

(2) The court may appoint, either in response to a motion for appointment of counsel or sua sponte, a law student who is participating in a law school clinic or pro bono program to represent an indigent pro se litigant. If the court appoints a law student sua sponte, the person on whose behalf the student is appearing must indicate in writing his or her consent to that appearance. Students appointed by the court must enter an appearance in accordance with this rule.

(3) In each case the written consent and approval of the person the law student represents must be filed in the record of the case and must be brought to the attention of the court.

(4) An eligible law student may engage in other activities under the general supervision of a member of the bar of this court outside the personal presence of that lawyer for the purpose of preparation of briefs, abstracts, and other documents to be filed in this court, but such documents must be signed by the supervising lawyer.

(5) An eligible law student may participate in oral argument in this court but only in the presence of the supervising lawyer, who must be prepared to supplement any written or oral statement made by the student. Students should recognize that argument may be scheduled during school breaks.

(b) Requirements and Limitations. In order to make an appearance pursuant to this 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 four semesters, or the equivalent if the school is on some basis other than a semester basis, or be enrolled in a law school clinic or pro bono program.

(3) If not enrolled in a law school clinic or pro bono program, be certified by the dean of his or her law school as being of good character and competent legal ability, and as being adequately trained to perform as an eligible law student under this rule.

(4) Neither ask for nor receive any compensation or remuneration of any kind from the person on whose behalf the law student renders service, but this will not prevent a lawyer, legal aid bureau, law school, public defender agency, or the government from paying compensation to the eligible law student, nor will it prevent any agency from making such charges for its services as it may otherwise properly require.

(5) Submit with the appearance form a certification in writing that the law student has read and is familiar with the rules of professional conduct governing attorneys practicing in the jurisdiction of the supervising attorney.

(6) Submit with the appearance form the following signed and notarized oath or affirmation:

"I, [name], do swear (or affirm) that I will support the Constitution of the United States, and that, in practicing as an eligible law student under 3d Cir. L.A.R. 46.3 I will conduct myself strictly in accordance with the terms of that rule and according to law."

(c) Certification

(1) The certification of a student by the law school dean must be filed with the clerk of court and, unless it is sooner withdrawn, will remain in effect until the expiration of eighteen (18) months after it is filed, or until the announcement of the results of the first bar examination of the state where the student's law school is located 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 student is responsible for advising the clerk in writing of any change in status or event affecting the student's certification.

(2) The certification may be withdrawn by the dean at any time by sending a notice to that effect to the clerk of the court. It is not necessary that the notice state the cause for withdrawal.

(3) The certification may be terminated by this court at any time without notice or hearing and without any showing of cause.

(d) Supervision. The member of the bar under whose supervision an eligible law student does any of the things permitted by this rule must:

(1) Be a lawyer in good standing of the bar of this court and enter an appearance in the case.

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

(3) Assist the student to the extent the supervising lawyer considers it necessary.

(4) Assure that briefing schedules are met regardless of semester breaks, exams, and vacations.

(5) Be prepared to appear and argue if the student is unavailable when the case is scheduled for oral argument.

The Model Rules of Professional Responsibility replace the Canons of Professional Ethics. No substantive change from prior Court Rule 9.3 is intended. Revised in 2011.