Local Rule Rule 83.5.1: Student Practice Rule

Rule 83.5.1 Student Practice Rule

Program Eligibility

A. Law school clinical practice programs for which students receive academic credit are eligible. Eligible programs:

1. must provide academic and practice advocacy training, and utilize law school faculty or adjunct faculty for practice supervision, including federal government attorneys or private practitioners;

2. must be certified by this court;

3. must be conducted in a manner that does not conflict with normal court schedules;

4. must maintain malpractice insurance for its activities; and

5. may accept compensation other than from a client.

B. An eligible student:

1. must be duly enrolled in a law school and have completed at least three semesters of legal studies, or the equivalent;

2. must be enrolled for credit in a law school clinical program which has been certified by this court;

3. must be certified by the Dean of the law school, or the Dean's designee, and by this Court, as being of good character and sufficient legal ability, in accordance with subparagraphs 1–3 above, to fulfill the student's responsibilities as a legal intern to both the student's client and this Court;

4. must not accept personal compensation for legal services from a client or other source;

5. may, under personal supervision of a certified supervisor, represent any client including federal, state or local government bodies, in any civil or administrative matter, if the client on whose behalf the student is appearing has indicated consent in writing to that appearance and the supervising lawyer has also indicated in writing the supervisor's approval of that appearance; and

6. may engage in all activities on behalf of the student's client that a licensed attorney may engage in.

C. A supervisor must:

1. have faculty or adjunct faculty status at the responsible law school and be certified by the Dean of the law school as being of good character and sufficient legal ability and as being adequately trained to fulfill a supervisor's responsibilities;

2. be admitted to practice in this court;

3. be present with the student at all times in court, and at other proceedings, including depositions, in which testimony is taken;

4. co-sign all pleadings or other documents filed with the court;

5. assume full personal professional responsibility for guiding the student in any work undertaken and for the quality of a student's work, and be available for consultation with represented clients;

6. assist and counsel the student in activities mentioned in this rule, and review such activities with the student, to the extent required for the proper practical training of the student and the protection of the client; and

7. be responsible to supplement oral or written work of the student as necessary to ensure proper representation of the client.

Certification of Student, Program, and Supervisor

A. Certifications may be withdrawn by this court at any time, in the discretion of the court, and without any showing of cause.

1. Students are certified by order of the Chief Judge. Certification shall remain in effect for 18 months.

2. Certification of a program by this court shall be filed with the Clerk and shall remain in effect indefinitely unless withdrawn by the court.

3. Certification of a supervisor must be filed with the Clerk, and shall remain in effect indefinitely unless withdrawn by this court or in writing by the Dean of the law school.

Limitation of Activities

The court retains the power to limit a student's participation in any case to those activities deemed consistent with the appropriate administration of justice.