Rule II Activities

A. An eligible law student may appear in any court or before any administrative tribunal in this state on behalf of any person if the person on whose behalf he is appearing has indicated in writing his consent to that appearance and the supervising lawyer has also indicated in writing approval of that appearance, in the following matters: 1. Any civil matter. In such cases the supervising lawyer is not required to be personally present in court unless directed to be present by the judge, magistrate, or referee before whom the matter is pending. 2. Any criminal matter in which the defendant does not have the right to the assignment of counsel under any constitutional provision, statute, or rule of this court. In such cases the supervising lawyer is not required to be personally present in court. 3. Any criminal matter in which the defendant has the right to the assignment of counsel under any constitutional provision, statute, or rule of this court. In such cases the supervising lawyer must be personally present throughout the proceedings and shall be fully responsible for the manner in which they are conducted. B. An eligible law student may also appear in any criminal matter on behalf of the state with the written approval of the supervising lawyer and the prosecuting attorney or his authorized representative. C. In each case the written consent and approval referred to above shall be filed in the record of the case and shall be brought to the attention of the judge of the court or the presiding officer of the administrative tribunal. D. A judge may exclude a law student from active participation in proceedings before the court, in the interest of orderly administration of justice or for the protection of a client or witness, and shall thereupon grant a continuance to secure the attendance of the supervising lawyer.

E. Under the general supervision of a member of the State Bar of Montana, but outside the personal presence of that lawyer, an eligible law student may engage in other activities, including: 1. Preparation of pleadings and other documents to be filed in any matter in which the student is eligible to appear, but such pleadings or documents must be signed by the supervising lawyer. 2. Preparation of briefs, abstracts, and other documents to be filed in appellate courts of this state, but such documents must be signed by the supervising lawyer. 3. Advising, negotiating, and performing other appropriate legal services, but only after prior consultation with and obtaining the express consent of the supervising lawyer. Negotiations are subject to final approval of the supervising lawyer. F. An eligible law student may participate in oral argument in the Supreme Court of Montana, but only in the presence of the supervising lawyer.