Local Rule Local Civil Rule 1.4.1: Law Student Practice

Local Civil Rule 1.4.1. Law Student Practice

(a) An eligible law student may, upon compliance with the requirements of this rule, with the approval of the presiding judge, and under supervision of an attorney who has filed a notice of appearance, appear on behalf of any person who has consented in writing.

(b) The attorney who supervises a law student must:

(1) be a member of the bar of the district court where the case is pending who has filed a notice of appearance in the case in which the law student is participating;

(2) assume personal professional responsibility for the law student's work;

(3) assist the law student to the extent necessary;

(4) be present with the law student in all proceedings before the Court;

(5) indicate in writing his or her consent to supervise the law student;

(6) obtain the client's approval, in writing, for the law student to appear in the matter; and

(7) obtain the approval of the presiding judge for the law student to appear in the matter.

(c) In order to be eligible to appear, the law student must certify in writing that the law student:

(1) is duly enrolled in a law school accredited by the American Bar Association. The law student will be deemed to continue to satisfy this requirement following graduation as long as the law student is preparing to take the first applicable bar examination for which the law student is eligible, or, having taken the examination, is awaiting the publication of the results or admission to the bar after passing the examination;

(2) has completed at least two semesters of legal studies;

(3) has been certified by either the law school dean or his or her authorized designee as qualified to provide the legal representation permitted by this rule. Such certification may be withdrawn by the certifier at any time by filing a notice in any case where the law student has appeared.

(4) will not ask for nor receive any compensation or remuneration of any kind from the client. This rule does not affect the right of any party or other attorney to seek or recover attorney's fees.

(5) is familiar and will comply with the New York Rules of Professional Conduct; and

(6) is familiar with the federal procedural and evidentiary rules relevant to the action in which the law student is appearing, including any applicable federal procedural or evidence rules, Local Rules, and individual rules of the presiding judge.

(d) A law student who is supervised in accordance with this rule may:

(1) appear as counsel in court or at other proceedings, provided that the law student is accompanied by the supervising attorney; and/or

(2) prepare and sign any document, provided that any such document is also signed by the supervising attorney.

(e) The judge's consent for the law student to appear may be withdrawn without notice or hearing and without showing of cause. Unless a judge specifies otherwise, the withdrawal of consent by a judge, or a judge's decision to decline a law student's request to appear, should not be considered a reflection on the character or ability of the law student.

(f) Participation by law students under the rule should not be deemed a violation in connection with the rules for admission to the bar of any jurisdiction concerning practice of law before admission to the bar.

For relevant historical context for this local rule, consult the Appendix of Committee Notes.