Local Rule LR Gen P 83.04: Legal Assistance by Law Students

LR Gen P 83.04. Legal Assistance by Law Students.

(a) Appearance on Behalf of Indigent Persons: With the written consent of an indigent person and his or her attorney of record, an eligible law student may appear on his or her behalf. With the written consent of the United States Attorney, or his or her representative, an eligible law student may also appear on behalf of the United States. With the written consent of the Attorney General of the State of West Virginia, or his or her representative, an eligible law student may appear on behalf of the State of West Virginia. In each case in which an eligible law student appears, the parties shall file the consent with the Clerk of Court.

An eligible law student may assist in the preparation of pleadings, briefs and other documents to be filed in this Court, but such documents must be signed by the attorney of record. An eligible law student may also participate in hearings, trials and other proceedings with leave of Court, but only in the presence of the attorney of record. The attorney of record shall assume professional responsibility for the law student's work and shall be familiar with the case and prepared to supplement or correct any written or oral statement made by the law student.

(b) Eligibility to Appear: To be eligible to appear pursuant to this Rule, the law student must:

(1) be enrolled in a law school approved by the American Bar Association;

(2) have successfully completed legal studies for at least four semesters, or the equivalent if the school is on a schedule other than a semester basis;

(3) be certified by the dean of his or her law school as being of good character and competent legal ability. The dean's certification shall be filed with the Clerk of Court. This certification may be withdrawn by the dean at any time without notice or hearing and without any showing of cause by notifying the Clerk of Court in writing, or it may be terminated by the Court at any time without notice of hearing and without any showing of cause. Unless withdrawn or terminated, the certification shall remain in effect for eighteen (18) months after it has been filed or until the law student has been admitted as a permanent member of the bar of this Court, whichever occurs first;

(4) certify in writing that he or she has read the Rules of Professional Conduct as adopted by the Supreme Court of Appeals of West Virginia;

(5) be introduced to the Court by a permanent member of the bar of this Court; and

(6) neither ask for nor receive any compensation or remuneration of any kind for services from the party assisted, but this shall not prevent an attorney, legal services program, law school, public defender agency, the State of West Virginia or the United States from paying compensation to the law student or from making appropriate charges for such services.