Local Rule LR84.1: Supervised Student Practice of Law.

LR84.1. Supervised Student Practice of Law.

(a) Definitions.

(1) A "law student intern" is a person who is enrolled and in good standing at any accredited school of law, who has completed substantially one-third (⅓) of the requirements for graduation from that law school, who is enrolled in a clinical program at that law school, and to whom the order referred to in LR84.1(b)(2) is in effect.

(2) A "clinical program" is a practice-oriented law activity administered under the direction of a faculty member of any accredited school of law, participation in which activity entitles qualified students to receive academic credit.

(3) A "supervising lawyer" is a member of the bar of this court who has been approved as a supervisor of law student interns by any accredited school of law or this court.

(b) Qualification Procedures for Law Student Interns.

(1) To become a law student intern, an applicant shall submit a letter from an appropriate representative of an ABA accredited law school certifying that the applicant is enrolled and in good standing, that he or she has completed substantially one-third (⅓) of the requirements for graduation therefrom, and that he or she is enrolled in a clinical program at the law school. The applicant shall also certify that he or she has read and is familiar with the standards of professional and ethical conduct required of members of the State Bar of Hawaii.

(2) This court shall issue an order designating each qualified applicant as a law student intern.

(3) In connection with a clinical program, a law student intern may appear before this court provided that:

(A) The client has consented in writing to such appearance; and

(B) A supervising lawyer has indicated in writing approval of such appearance.

In every such appearance by a law student intern, these written consents and approvals shall be filed in the record of the proceeding and shall be brought to the attention of the judge.

(c) Duration of Law Student Intern Authorization.

(1) Unless the order referred to in LR84.1(b)(2) is revoked or modified, it shall remain in effect so long as the law student intern is enrolled in a clinical program at any accredited school of law, and shall cease to be in effect upon any termination of such enrollment. However, after the clinical semester ends, the law student intern may continue to represent a client in cases initiated before the semester ended if such representation is deemed appropriate by the supervising lawyer.

(A) The certification referred to in LR84.1(b)(1) may be withdrawn by an appropriate representative of the law school by notice to the clerk. It is not necessary that such notice state the cause for withdrawal. Upon receipt of such notice, the order referred to in LR84.1(b)(2) shall be automatically revoked.

(B) The order referred to in LR84.1(b)(2) with respect to any law student intern may be terminated by this court for cause consisting of violation of this rule or any act or omission that, on the part of any attorney, would constitute misconduct and ground for discipline. The effectiveness of a subsection (b)(2) order may be suspended by this court during any proceedings to terminate such order.

(d) Activities of Law Student Interns. Any law student intern, with the knowledge and approval of the supervising lawyer and the client, may:

(1) Counsel and advise clients, interview and investigate witnesses, negotiate the settlement of claims, and prepare and draft legal instruments, pleadings, briefs, abstracts, and other documents; and

(2) Render assistance to clients who are inmates of penal institutions or other clients who request such assistance in preparing applications for and supporting documents for post-conviction legal remedies

(e) Supervision of Law Student Practice. The supervising lawyer shall counsel and assist the law student who practices law pursuant to this rule and shall provide professional guidance in every phase of such practice with special attention to matters of professional responsibility and legal ethics. Whenever a law student intern appears before the court, the supervising lawyer shall accompany the law student intern unless otherwise approved by the court. Any document requiring the signature of counsel and any settlement or compromise of a claim must be signed by a supervising lawyer.

(f) Law Students Employed by the United States Attorney and the Federal Public Defender. Any other local rule notwithstanding, in any criminal case, any law student under the supervision of the United States Attorney or the Federal Public Defender, who has completed at least two (2) years of study at any American Bar Association accredited law school, may appear in court provided that the United States Attorney or Federal Public Defender personally approves, and provided further that:

(1) The particular judge before whom the student is to appear consents;

(2) The student is supervised by an Assistant United States Attorney or Assistant Federal Public Defender who is present in court; and

(3) In the case of the Federal Public Defender, the written consent of the defendant is filed with the court.

(g) Miscellaneous. Law students practicing pursuant to this rule shall be governed by the rules of conduct applicable to lawyers generally, but the termination of practice referred to in LR84.1(c)(1)(B) shall be the exclusive sanction for disciplinary infractions that occur during authorized practice. Any discipline imposed under this rule may be considered by a court or agency authorized to entertain applications for admission to the practice of law.