Skip to main content

Rule 83.6 Law Students: Appearance

(a) Authorization to Appear

(1) With the permission of the Court, a law student may appear and practice under the direction of a supervising attorney, as set forth in this rule.

(2) Before a law student may appear and practice in this Court, the following must be filed:

(A) a dean's certification; and

(B) a motion for the law student's appearance, which must be filed by the supervising attorney in each individual case in which the law student wishes to appear. The supervising attorney must attach to the motion a written consent or approval signed by the client or the government as specified in subsection (d).

(3) If the motion is granted, it permits the certified law student to engage in the activities specified in this rule for that case.

(4) If the Court withdraws its permission, the Court will issue a notice of the termination.

(b) Dean's Certification

(1) The dean of any ABA accredited school of law may certify a law student who:

(A) has completed legal studies amounting to at least 3 semesters;

(B) is of good character and competent legal ability;

(C) is adequately trained to perform as a legal intern;

(D) promises to neither ask for nor receive any compensation or remuneration of any kind for their services from the person on whose behalf service is rendered, except as otherwise provided in this rule; and

(E) has read and is familiar with the Maine Rules of Professional Conduct, the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure, the Federal Rules of Evidence, and these rules, and who confirms as much in writing.

(2) The dean's certification may be withdrawn at any time by mailing a notice of withdrawal to the Clerk. The notice does not need to explain the reason for the withdrawal.

(c) Supervision A member of the bar of this Court must supervise a certified law student in connection with any activities permitted by this rule and must:

(1) supervise the quality of the student's work;

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

(3) assist the student in preparation to the extent necessary; and

(4) file an appearance and remain counsel of record in the matter, regardless of student participation, until authorized to withdraw under Rule 83.2(c).

(d) Authorized Law Student Activities

(1) Authorized Student Appearance in Court.

(A) A certified law student may appear in court in any civil or criminal proceeding:

(i) on behalf of a person receiving legal assistance from a law school clinical practice program, with the written consent of the person on whose behalf the student is appearing;

(ii) on behalf of any local, state, or federal governmental agency, with the written approval of the supervising government attorney; or

(iii) as otherwise approved by the Court.

(B) A supervising attorney must appear in court with any certified law student appearing in court under this rule.

(2) Preparation of Documents. A certified law student may prepare pleadings, briefs, and other documents to be filed in the Court in any matter in which the student may appear. Each pleading, brief, or other document must contain the name of any certified law student who participated in drafting it. Each document must be signed by the supervising attorney.

(e) Limitations

(1) This rule does not affect the rights of any person who is not admitted to practice law to do anything that the person may otherwise lawfully do.

(2) Subsection (b)(1)(D) does not prohibit a legal aid bureau, law school, or government from paying compensation to the eligible law student or prevent any agency from imposing a charge for its services that it is otherwise authorized to impose.