Clinic Bar Rules by State
Alabama:
Ala. Legal Internship by Law Students, available at http://judicial.alabama.gov/library/rules/intern1.pdf.
Does not specifically discuss law clinics. Instead, focuses on legal interns.
Alaska:
State Bar Rule 44, available at http://courts.alaska.gov/bar.htm#44.
Does not specifically discuss law clinics. Instead, focuses on legal interns.
Supreme Court of Alaska Order No. 1708 (Mar. 18, 2011), available at http://courts.alaska.gov/sco/sco1708leg.pdf.
Arizona:
17A A.R.S. Sup.Ct.Rules, Rule 38, available at http://weblinks.westlaw.com/result/default.aspx?cite=UUID%28N2587DBA0E5-A511E093C58-50EDF8B51B5%29&db=1003575&findtype=VQ&fn=_top&pbc=DA010192&rlt=CLID_FQRLT28121211910310&rp=%2FSearch%2Fdefault%2Ewl&rs=WEBL12%2E07&service=Find&spa=AZR-1000&sr=TC&vr=2%2E0 (amended five times since our most recent hardcopy version in 2006; most recently amended Dec. 22, 2011, effective Jan. 1, 2012).
Language regarding law clinics: "A certified limited practice 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 the student is appearing has consented in writing to that appearance and the supervising attorney has also indicated in writing approval of that appearance. In each case, the written consent and approval 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. In addition, the certified limited practice student shall orally advise the court on the occasion of the student's initial appearance in the case of the certification to appear as a law student pursuant to these rules… A certified limited practice student may perform any advisory or nonrepresentational activity which could be performed by a person who is not a member of the state bar, subject to the approval by the supervising attorney (or designated attorney)."
Supreme Court of Arizona Order No. R-11-0030, available at http://www.azcourts.gov/Portals/20/R-11-0030final%20order.pdf (filed Dec. 22, 2011, effective Jan. 1, 2012).
Supreme Court of Arizona Order No. R-09-0038, available at http://www.azcourts.gov/Portals/20/R090038.pdf (filed Sept. 1, 2011, effective Jan. 1, 2012).
Supreme Court of Arizona Order No. R-06-0017, available at http://www.azcourts.gov/portals/20/2008RulesA/R060017.pdf (filed Sept. 2008, amendments effective Jan. 1, 2010)
Supreme Court of Arizona Order No. R-06-0023, available at http://www.azcourts.gov/portals/20/2008RulesA/R-06-0023.pdf (amendments adopted on experimental basis on Sept. 5, 2007 made permanent; amendments adopted Sept. 2008, effective Jan. 1, 2009).
Supreme Court of Arizona Order No. R-06-0023, available at http://www.azcourts.gov/portals/20/ramd_pdf/r-06-0023.pdf (amendments adopted on an experimental basis, effective Sept. 5, 2007).
Arkansas:
Language regarding law clinics: "An eligible law student (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 the student is appearing has indicated in writing consent to that appearance and the supervising lawyer (lawyer) has also indicated in writing approval of that appearance… An eligible law student may also participate in a law school clinical program emphasizing transactional and drafting skills including client counseling."
California:
Cal. Rules of Court, Rule 9.42, available at http://www.courts.ca.gov/documents/title_9.pdf (amended and renumbered effective Jan. 1, 2007).
Does not discuss law clinics. Instead, centers around "certified law students," which are law students who have a currently effective certificate of registration as a certified law student from the State Bar.
Colorado:
Colo. Rev. Stat. Ann. §§12-5-116, 116.1, 116.2, 116.3, 116.4, 116.5 (2012), available at http://www.lexisnexis.com/hottopics/Colorado/ (Entire section amended, p. 909, § 4, effective August 6.L. 2007: Entire section amended, p. 26, § 1, effective August 3).
Does not specifically discuss law clinics. Instead, focuses on legal interns.
Connecticut:
Conn. Practice Book 1998, §3-14, available at http://www.jud.ct.gov/Publications/PracticeBook/PB_2012.pdf.
Does not specifically discuss law clinics. Instead, focuses on legal interns.
Delaware:
Del. Sup.Ct.Rules, Rule 56, available at http://courts.delaware.gov/forms/download.aspx?id=39368 (Amended effective June 26, 1995; January 1, 1996; June 1, 2000; May 13, 2002; April 30, 2003; April 23, 2009).
Does not specifically discuss law clinics. Instead, focuses on limited practice for legal interns.
District of Columbia:
D.C. Court of Appeals Rule 48, available at http://www.dccourts.gov/internet/documents/DCCA_Rules-1-01-11.pdf, at 65.
Language regarding law clinics: "An eligible law student may engage in the limited practice of law in the District of Columbia in connection with any civil case or matter (including any family and/or juvenile proceedings) and any criminal case or matter (not involving a felony) which may be pending in any court or any administrative tribunal of the District of Columbia, which by rule of such court or tribunal permits such appearance as a part of a "clinical program," as hereinafter defined, on behalf of any indigent person who has consented in writing to that appearance, provided that a "supervising lawyer," as hereinafter defined, has also indicated in writing approval of that appearance.
"A "clinical program" for which such practice by an eligible law student is limited is a law school program for credit, held under the direction of a faculty member of such law school, in which a law student obtains practical experience in the operation of the District of Columbia legal system by participating in cases and matters pending before the courts or administrative tribunals."
D.C. SCR-General Family Rule M (amended effective Aug. 22, 2011).
Language regarding law clinics, as defined in Rule 48, supra: "Any law student admitted to the limited practice of law pursuant to Rule 48 of the rules of the District of Columbia Court of Appeals, and certified and registered as therein required, may engage in the limited practice of law in the Superior Court of the District of Columbia on behalf of any indigent person in the Family Court."
Florida:
West's F.S.A. Bar Rules 11-1.1 to 11-1.10 available at http://www.floridabar.org/divexe/rrtfb.nsf/FV?Openview&Start=1&Expand=11.2#11.2.
Language regarding law clinics: "A law school practice program is a credit-bearing clinical program coordinated by a law school in which students directly provide representation to clients in litigation under the supervision of a lawyer." Rule 11-1.2.
S.D. Fla. L.R., Admis Rule 6, available at http://www.flsd.uscourts.gov/wp-content/uploads/2011/04/FINAL_2011_Local_Rules.pdf, at 191-95.
Language regarding law clinics: "The following Rule for Student Practice is designed to encourage law schools to provide clinical instructions in litigation of varying kinds, and thereby enhance the competence of lawyers in practice before the United States courts…
"The program: must be a law school clinical practice program for credit, in which a law student obtains academic and practice advocacy training, under supervision of qualified attorneys including federal or state government attorneys or private practitioners;"
Georgia:
Ga. Code. Ann., § 15-19-51 (2012), available at http://www.lexisnexis.com/hottopics/gacode/default.asp.
Does not specifically discuss law clinics. Instead, focuses on the activities that are unlawful if performed by a person other than a "duly licensed attorney at law."
Sup.Ct.Rules, Rule 91, available at http://www.gasupreme.us/rules/#xv (amended effective July 3, 2012).
Does not specifically discuss law clinics. Instead, creates an exception to § 15-19-51, supra, by stating that an "authorized third-year law student," under supervision, who volunteers at a court or non-profit that provides free legal representation to indigent persons or children, can assist in proceedings as if licensed to practice law.
2012 Georgia Court Order 0017 (C.O. 0017) (Jul. 3, 2012).
For prosecution: O.C.G.A. § 15-18-22: "The Law School Public Prosecutor Act of 1970" authorizes students to practice under supervision if participating as interns in a prosecutorial externship program through a law school. http://law.justia.com/codes/georgia/2010/title-15/chapter-18/article-1/15-18-22/
For indigent practice: O.C.G.A. § 15-20-1 – 15-20-9: "The Law School Legal Aid Agency Act of 1967" authorizes students to represent indigent people under supervision if participating in a "law school legal aid agency" set up in compliance with the Act. This act contemplates direct service clinical work. http://www.lexisnexis.com/hottopics/gacode/
Hawaii:
Sup.Ct.Rules, 7.1-7.7, available at http://www.courts.state.hi.us/docs/court_rules/rules/rsch.htm#Rule_7.
Language regarding law clinics: "In connection with a clinical program, a law student intern may appear in any court or before any legislative or administrative tribunal in this state on behalf of a client, provided: (1) that the client has consented in writing to such appearance; and (2) that a supervising lawyer has indicated in writing approval of such appearance." Rule 7.2.
Idaho:
Idaho Bar Commission Rules, Section II, Rule 226: http://isb.idaho.gov/pdf/rules/ibcr_sec02_admissions.pdf.
Does not specifically discuss law clinics. Instead, focuses on legal interns.
Illinois:
ILCS S. Ct. Rule 711, available at http://www.state.il.us/court/SupremeCourt/Rules/Art_VII/artVII.htm#711.
Does not specifically discuss law clinics; instead, focuses on representation by supervised "senior" law students.
Indiana:
Admission and Discipline Rule 2.1, available at http://www.in.gov/judiciary/rules/ad_dis/index.html#_Toc279056591.
Does not specifically discuss law clinics; instead, focuses on legal interns.
U.S.Dist.Ct.Rules N.D.Ill., LR 83.9, available at http://www.innd.uscourts.gov/docs/localrules/2011%20LR%20Final%20Copy%20Eff%2001%2001%202012.pdf.
Language regarding law clinics: "A law student or law-school graduate may represent parties (including by appearing for, negotiating on behalf of, and advising parties) in civil and criminal matters pending in this district if the student or graduate…
is either: a staff member of a clinic:
(i) organized by a city or county bar association or an accredited law school; or
(ii) funded under the Legal Services Corporation Act; or…
in the case of a law student:
(A) is in good standing at an accredited law school;
(B) has completed the first year;
(C) meets the academic and moral standards established by the school's dean; and
(D) has been certified by the school as having met these requirements."
Iowa:
I.C.A. Rule 31.15, available at http://www.legis.state.ia.us/Rules/Current/court/courtrules.pdf.
Language regarding law clinics: "No student may engage in the practice of law or appear as counsel in any court of this state or before an administrative agency unless such practice or appearance is part of an educational program approved by the faculty of the student's law school and not disapproved by the supreme court of the state of Iowa, and such program is supervised by at least one member of the law school's faculty."
*No longer see Iowa Code Ann., Title XV, Chapt. 602, Rule 114: Permitted Practice by Law Students.
Kansas:
Sup.Ct.Rules, Rule 719, available at http://www.kscourts.org/rules/Rule-Info.asp?r1=Rules+Relating+to+Admission+of+Attorneys&r2=128.
Language regarding law clinics: "As one means of providing assistance to attorneys who represent clients unable to pay for such services and to encourage law schools to provide clinical instruction in trial work of varying kinds, the following rule is adopted:
"Students shall be assigned as legal interns only to those attorneys, agencies, and public bodies requesting their services and who agree to assign an attorney who will supervise and be responsible for the activities of the legal intern. Requests shall be made to the deans of the respective law schools.
"A legal intern may appear in any court or before any administrative tribunal in this state, as hereinafter set forth, on behalf of any indigent person if the person on whose behalf the intern is appearing has consented in writing to that appearance and the supervising attorney has, in writing, approved such appearance."
Kentucky:
Rules of the Supreme Court (SCR), Rule 2.540, available at http://kybar.org/documents/scr/scr2/scr_2.540.pdf.
Language regarding law clinics: "Any student who has successfully completed two-thirds of the academic hour requirement for the first degree in law at an approved law school and is participating in a law school sponsored clinic, intern, extern, or public service program may provide legal services to, and may appear in any proceeding in any court of this state on behalf of any person financially unable to employ counsel, or, on behalf of the Commonwealth or the United States' Attorney; and any student who has successfully completed two-thirds of the academic hour requirements for the first degree in law may provide legal advice, counseling and negotiation services to a college or university student, regardless of that student's financial status, pursuant to an approved law school clinical program provided:
(a) Such student is providing such services to, or appearing in such proceeding on behalf of, a person assigned to the student through a clinic, intern, extern, or public service program operated by an approved law school under the direction of a full or part time law school director.
(b) The Chief Justice of the Supreme Court of Kentucky, the dean of the student's law school, and the director of the law school program in which such student is participating, have filed written approval of such student with the clerk of the Supreme Court, the clerk of the courts before which the student is to appear, and the clerk of the circuit court in the county wherein the student's law school is located.
(c) A member in good standing of the bar of this state personally supervises all activities of the student in each case, with the exception that the student may consult with the client or potential clients, but may not advise, negotiate or appear alone in administrative proceedings or in the courts of this state in civil or criminal matters without personal appearance and supervision by a member in good standing of the bar of this state, and as otherwise provided in this Rule."
Louisiana:
Sup.Ct.Rules, Rule 20, available at http://www.lasc.org/rules/supreme/RuleXX.asphttp://www.lasc.org/rules/supreme/RuleXX.asp.
Language regarding law clinics: "Under such law school sponsored clinical instruction plan an eligible law student may appear in any court or before any administrative tribunal in this state on behalf of the state, any political subdivision thereof, or any indigent person or indigent community organization if the person on whose behalf the student is appearing has indicated in writing consent to that appearance and the supervising lawyer has also indicated in writing approval of that appearance, in the following matters:
"Any civil matter where the law student does not charge a client for his/her services;… Any criminal matter in which an indigent defendant does not have the right to the assignment of counsel under any constitutional provision, statute, or rule of this court;… 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."
Maine:
Maine Rules of Criminal Procedure, Rule 56, available at http://www.courts.state.me.us/rules_adminorders/rules/mr_crim_p_only_9-2012.pdf.
Does not specifically discuss law clinics. Instead, discusses legal assistance by law students "through an organization providing legal services to the indigent, which organization has been approved by the Supreme Judicial Court."
Maine Rules of Civil Procedure, Rule 90, available at http://www.ediscoverylaw.com/uploads/file/Maine%20Rules%20of%20Civil%20Procedure.pdf.
Same as Rule 56, supra.
Admin Orders Order JB-05-7 (dealing with Maine Rules of Civil Procedure, Rule 90).
U.S.Dist.Ct.Rules D.Maine, Rule 83.4.
Language regarding law clinics: "A certified law student may appear in court in any civil or criminal proceeding on behalf of an indigent person receiving legal assistance from a law school clinical practice program, if the person on whose behalf the student is appearing consents in writing to that appearance."
Maryland:
MD Rules Governing Admission to the Bar, Rule 16, available at http://www.courts.state.md.us/ble/pdfs/baradmissionrules.pdf.
Language regarding law clinics: "law student enrolled in a clinical program is eligible to engage in the practice of law as provided in this Rule if the student:
(1) is enrolled in a law school;
(2) has read and is familiar with the Maryland Lawyers' Rules of Professional Conduct and the relevant Maryland Rules of Procedure; and
(3) has been certified in accordance with section (c) of this Rule."
Massachusetts:
S.J.C. Rule 3:03, available at http://www.lawlib.state.ma.us/source/mass/rules/sjc/sjc303.html.
2012 Massachusetts Court Order 0028 (C.O. 0028) (Oct. 15, 2012).Michigan:
MI Rules MCR 8.120, available at http://coa.courts.mi.gov/rules/documents/1Chapter8AdministrativeRulesofCourt.pdf.
Language regarding law clinics: "Law students and recent law graduates, under supervision by a member of the state bar, may staff public and nonprofit defender offices, and legal aid clinics that are organized under a city or county bar association or an accredited law school or for the primary purpose of providing free legal services to indigent persons."
Minnesota:
52 M.S.A., Student Practice Rules 1.01 to 1.05, 2.01 to 2.05, 3.01 to 3.05, available at https://www.revisor.leg.state.mn.us/court_rules/rule.php?name=prstud-toh (Rule 3 adopted April 23, 2009).
Rules 2.01 to 2.05 are specifically about clinical student practice. The title of Rule 2 is "Clinical Student Practice." Language from Rule 2.01 states, "An eligible law student may, under the supervision of a member of the bar, perform all functions that an attorney may perform in representing and appearing on behalf of a client." While language from Rule 1.01 states, "An eligible law student not enrolled in a law school clinical program may, under the supervision of a member of the bar, perform all functions that an attorney may perform in representing and appearing on behalf of any state, local, or other government unit or agency, or any indigent person who is a party to a civil action or who is accused of a crime, or a petty misdemeanor." (emphasis added).
Mississippi:
Miss. Code Ann. §§ 73-3-201, 203, 205, 207, 209, 211 (2012), available at http://www.mscode.com/free/statutes/73/003/index.htm.
Language regarding law clinics: "A law student enrolled in a legal internship program or a clinical legal education course is authorized to engage in limited practice in the state and federal courts of this state with the following conditions and limitations:
(a) The law student will petition the court and take the oath…and be admitted to limited practice… in the district in which the student will practice…
(b) Upon filing the oath and order in the office of the clerk of that court, the law student will be authorized to engage in limited practice in any state or federal court in the state subject to any controls and limitations ordered by the judge of the court.
(c) The authority for limited practice by a law student will continue during any regular school terms in which the law student is enrolled in a legal internship or clinical legal education course, including the intersessions between terms….
(d) A law student may not directly represent clients but may only assist the supervising attorney or clinical teacher in representing their clients. All pleadings and entries of record in courts must be signed by the supervising attorney or clinical teacher.
(e) Law students may appear and participate in trials and hearings in courts if the supervising attorney or clinical teacher is present and supervising the student.
(f) Law students assigned as interns to prosecuting attorneys may assist the supervising attorney before grand juries subject to the same prohibitions and penalties as to disclosure and secrecy as are members of the grand jury.
(g) Law students will be subject to the same standards and rules of professional conduct and ethics and the same rules of discipline as are licensed attorneys.
(h) Law students shall receive no compensation for their services but may be reimbursed actual expenses if funds are available for that purpose."
Missouri:
Supreme Court Rule 13.01, available at http://www.courts.mo.gov/page.jsp?id=716.
Does not specifically discuss law clinics. Instead, focuses on the legal assistance of law students
Montana:
U.S.Dist.Ct.Rules D.Mont., L.R. 83.7, available at http://www.montanabar.org/displaycommon.cfm?an=1&subarticlenbr=9.
Language regarding law clinics: "This Rule is adopted to support clinical instruction and mentoring in litigation practice. It authorizes participation by law students in this Court on a case-by-case basis."
Amendment to U.S.Dist.Ct.Rules D.Mont., L.R. 83.7, available at http://www.montanabar.org/displaycommon.cfm?an=1&subarticlenbr=12.
MCA 27-2-206, Actions for Legal Malpractice.
Does not specifically discuss law clinics. Instead, focuses on legal interns and professional negligence.
**The library has a hard copy of Montana Court Rules, Rules of Procedure of the D.C. of Dist. of Montana, Chapt. 1 General Rules, Rule 110
Nebraska:
Neb Ct. R. §§ 3-701, 702, 703, 704, 705, 706 available at http://court.nol.org/rules/pdf/Ch3Art7.pdf.
Does not specifically discuss law clinics. Instead, focuses on providing "senior law students with supervised practical training in the practice of law." Neb Ct. R. § 3-701.
Neb. Rev. Stat. § 7-101.01 (2012), available at http://statutes.laws.com/nebraska/Chapter7/7-101_01.
Does not specifically discuss law clinics. Instead, it states that the "Supreme Court may by rule or order authorize students pursuing a course in instruction in a law school in the State of Nebraska" to practice as attorneys upon the terms and conditions prescribed by the Supreme Court.
Nevada:
Supreme Court Rules, RULE 49.5, available at http://www.leg.state.nv.us/CourtRules/SCR.html.
Language regarding law clinics: "Participants in clinical or externship programs must:
(1) Be enrolled, or completing assignments pursuant to enrollment, in a clinical or externship program of an ABA-approved school of law.
(2) Be certified by the dean of the student's law school, on a form to be furnished or approved by the state bar, as being in good academic standing and qualified in ability, training, and character to participate in the activities permitted by this rule.
(3) Have successfully completed legal studies amounting to:
(i) At least thirty (30) semester credit hours, or the equivalent, to participate in the activities described in subsection 4 ("level 1 certification").
(ii) At least forty-five (45) semester credit hours, or the equivalent, to participate in the activities described in subsection 5 ("level 2 certification")…
4. Activities permitted under level 1 certification. A student may engage in the following activities with the written consent of the person on whose behalf the student is performing the activities with the approval and under the supervision of a supervising lawyer:
(a) Conduct investigations and interview witnesses.
(b) Interview and counsel clients.
(c) Represent clients before legislative and administrative bodies.
5. Activities permitted under level 2 certification. A student may engage in the following activities with the written consent of the client on whose behalf the student is performing the activities and with the approval and under the supervision of a supervising lawyer:
(a) Appear in any court or before any administrative tribunal in this state on behalf of any person.
(b) Counsel and give legal advice to clients.
(c) Negotiate and mediate the settlement of claims and disputes.
(d) Prepare documents to be filed in court or with a legislative or administrative body.
(e) Prepare transactional documents such as contracts, incorporation papers and by-laws, and filings required by a state, federal, or other governmental body."
New Hampshire:
Sup.Ct.Rules, Rule 36, available at http://www.courts.state.nh.us/rules/scr/scr-36.htm.
Does not specifically discuss law clinics. Instead, states that an "eligible law student… acting under a supervising attorney may appear in any court in this State… on behalf of any indigent person, the State of New Hampshire, a State agency, or a State subdivision."
New Jersey:
R. 1:21-1, 1:21-3: http://www.judiciary.state.nj.us/rules/r1-21.htm.
Language regarding law clinics: "A third year law student at, or graduate of, a law school approved by the American Bar Association may appear before a trial court or agency in accordance with a program approved by the Supreme Court on submission by such law school, a legal aid society, legal services project, or an agency of municipal, county or state government. A program once approved, need not be resubmitted to the Supreme Court provided that reports are filed listing the participants and the nature of their assignments, as required by the Administrative Office of the Courts."
For federal practice rules in NJ, please read U.S.D.C.N.J.,Rule 101.1(h). http://www.njd.uscourts.gov/LocalRules.html
For the Third Circuit practice rule references, please read Local Appellate Rule 46.3 which specifically mentions clinics at several points: http://www.ca3.uscourts.gov/2011_LAR_Final.pdf
New Mexico:
NMRA, Rules 1-094, 1-094.1, 4-821: http://www.nmonesource.com/nmnxtadmin/NMPublic.aspx.
Language regarding law clinics: "Any law student admitted to the clinical program at the university of New Mexico school of law shall be authorized under the control and direction of the dean of the law school to advise persons and to negotiate and to appear before the courts and administrative agencies of this state, in civil and criminal matters, under the active supervision of a member of the state bar of New Mexico designated by the dean of the law school. Such supervision shall include assignment of all matters, review and examination of all documents and signing of all pleadings prepared by the student. The supervising lawyer need not be present while a student is advising a client or negotiating, but shall be present during court appearances. Each student in the program may appear in a given court with the written approval of the judge presiding over the case and shall file in the court a copy of the order granting approval."
New York:
N.Y. Jud. Law §§ 478, 484 (McKinney 2012), available at http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=@SLJUD0A15+&LIST=LAW+&BROWSER=BROWSER+&TOKEN=01085822+&TARGET=VIEW.
Does not specifically discuss law clinics. Instead, says that law students who have completed at least two semesters of school can practice or appear as attorneys when "acting under the supervision of a legal organization" or "acting under the supervision of the state… or agency of the state." N.Y. Jud. Law § 478.
N.Y.Ct.Rules, § 805.5, available at http://www.nysba.org/AM/Template.cfm?Section=Home&TEMPLATE=/CM/ContentDisplay.cfm&CONTENTID=19859, at page 72.
Does not specifically discuss law clinics. Instead, it states that any officer or agency of the state can make an application to the court to authorize the "employment of law students who have completed at least two semesters of law school."
Workers' Compensation Board Rules and Regulations, § 302-1.6 McK.Consol.Laws, Book 64, App.
Does not specifically discuss law clinics. Instead, it states that senior law students "permitted to practice law pursuant to the Judiciary Law under a program of activities approved by the Appellate Division… and designated as law interns or legal interns by a legal aid organization whose programs of activities has been so approved, may represent any party in interest before the board, on a particular matter, upon compliance with this subdivision."
North Carolina:
State Bar Rules, Ch. 1, Subch. C, .0201 to .0207, available at http://www.ncbar.com/rules/.
Language regarding law students participating in a legal aid clinic, defined as a "department, division, program, or course in a law school that operates under the supervision of an active member of the State Bar and renders legal services to eligible persons:
"(b) Without the presence of the supervising attorney, a legal intern may give advice to a client, including a government agency, on legal matters provided that the legal intern gives a clear prior explanation that the legal intern is not an attorney and the supervising attorney has given the legal intern permission to render legal advice in the subject area involved.
(c) A legal intern may represent an eligible person, the state in criminal prosecutions, a criminal defendant who is represented by the public defender, or a government agency in any proceeding before a federal, state, or local tribunal, including an administrative agency, if prior consent is obtained from the tribunal or agency upon application of the supervising attorney…
(d) In all cases under this rule in which a legal intern makes an appearance before a tribunal or agency on behalf of a client who is an individual, the legal intern shall have the written consent in advance of the client…
(e) In all cases under this rule in which a legal intern is permitted to make an appearance before a tribunal or agency, subject to any limitations imposed by the tribunal, the legal intern may engage in all activities appropriate to the representation of the client, including, without limitation, selection of and argument to the jury, examination and cross-examination of witnesses, motions and arguments thereon, and giving notices of appeal."
North Dakota:
R. Ltd. Practice of Law by Law Students, available at http://www.ndcourts.gov/rules/Limited/frameset.htm.
Language regarding law clinics: "The bench and the bar are responsible for providing competent legal services for all persons, including persons unable to pay for those services. As one means of providing assistance to lawyers who represent clients unable to pay for legal services and to encourage law schools to provide clinical instruction in trial work of varying kinds, the following rule is adopted…
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 represented has consented in writing to the appearance, the supervising lawyer has approved of the appearance in writing and the judge or administrative tribunal before whom the appearance is to be made and other counsel of record have been given notice of the appearance, in the following matters:
1. Any civil matter. In a civil matter, the supervising lawyer is not required to be personally present in court.
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 those 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 those cases, the supervising lawyer must be personally present throughout the proceedings.
B. An eligible law student may also appear in any criminal matter on behalf of the state with the written approval of the prosecuting attorney who must be personally present throughout the proceeding and is fully responsible for the manner in which they are conducted."
Ohio:
Gov. Bar R. Rule 2, available at http://www.supremecourt.ohio.gov/LegalResources/Rules/govbar/govbar.pdf.
Language regarding law clinics: "(A) A legal intern may represent either of the following:
(1) Any person who qualifies for legal services at a law school clinic, legal aid bureau, public defender's office, or other legal services organization that provides legal assistance primarily to financially needy individuals, provided the person obtaining legal assistance from the legal intern consents in writing to the legal intern's representation;
(2) The state of Ohio or any municipal corporation, with the consent of the official charged with the responsibility of handling or prosecuting the matters or cases that are referred to the legal intern.
(B) Any entity supervising a legal intern pursuant to Section 5(A) must provide professional liability insurance coverage for the legal intern.
(C) A legal intern may provide representation in civil and administrative actions, misdemeanor and felony cases, or juvenile matters, including those juvenile matters involving an alleged offense that would be a felony if committed by an adult.
(D) When a legal intern prepares and signs, in whole or in part, any correspondence, legal documents, pleadings, or other papers, the legal intern's signature shall be followed by the designation "legal intern."
(E) A legal intern shall not appear before any court or administrative board or agency in the absence of a supervising attorney, unless the supervising attorney and the client consent in writing or on the record, and the absence of the supervising attorney is approved by the judge, referee, magistrate, or hearing officer hearing the matter."
Oklahoma:
Oklahoma Revised Rules of the Supreme Court of the State of Oklahoma on Legal Internship, available at http://www.oscn.net/applications/oscn/Index.asp?ftdb=STOKRULI&level=1.
Does not specifically deal with law clinics. Instead, focuses on "legal internship programs," which appear to have similarities to clinical programs. Language regarding legal internship programs: "A law school may create an internship training program as part of its regular curriculum which uses Licensed Legal Interns licensed by the Supreme Court of the State of Oklahoma. These programs may be of two types:
(a) A program directly supervised by the faculty of the law school, which may also use Academic Legal Interns.
(b) A program directly supervised by practicing attorneys with indirect supervision through the faculty of the law school." § 4.1.
Oklahoma Rules for Judicial Legal Internships, available at http://www.oscn.net/applications/oscn/Index.asp?ftdb=STOKRUJI&level=1.
Does not specifically deal with law clinics. Instead, focuses on "judicial legal internship programs," which appear to have similarities to clinical programs. Language regarding judicial legal internship programs: "A. A college or school of law may create judicial legal internship programs as a part of their regular curriculum.
B. Each college or school of law shall be responsible for the creation of its own criteria for the establishment of judicial legal internship programs, but the programs should require that the judicial legal intern would report to his supervising faculty member on at least a monthly basis of the activities of the judicial legal intern. The judicial legal intern should submit copies of his work product to the supervising faculty members so long as a submission of the work product does not violate any rules of confidence of the court for which he is working." § 8.
Oklahoma Bar Association, Legal Ethics Opinion No. 260, available at http://www.okbar.org/ethics/260.htm.
Does not deal with law clinics. Instead, discusses the types of tasks that attorneys can delegate to non-laywers, such as law interns.
Oklahoma Bar Association, Legal Ethics Opinion No. 264, available at http://www.okbar.org/ethics/opinions/264.htm.
Does not deal with law clinics. Instead, it clarifies Opinion No. 260, stating that "law interns" does not refer to "Legal Interns holding a limited license to practice granted by the Supreme Court."
Parker v. State, No. F-88-365 (Aug. 26, 1994), available at http://law.justia.com/cases/oklahoma/court-of-appeals-criminal/1994/11539.html.
Does not refer to law clinics.
Darnell v. State, 623 P.2D 617 (1981), available at http://law.justia.com/cases/oklahoma/court-of-appeals-criminal/1981/5515-1.html.
Does not refer to law clinics.
Oregon:
Attorney Admission Rules, Rules 13.05-13.30, available at http://www.osbar.org/_docs/rulesregs/admissions.pdf, at pg. 35-40.
Language regarding law clinics: "As one means to develop trial and appellate advocacy skills and to encourage law schools to provide clinical instruction in trial and appellate work, Rules 13.05 to 13.30 are adopted." Rule 13.05.
"(3) Subject to the client's approval as hereinafter provided, an eligible law student may appear for a client, with or without the supervising attorney being present, except as hereinafter provided. The extent of the law student's participation shall be determined by the supervising attorney, giving due consideration to the nature of the case, the ability and experience of the student and the complexity of the factual and legal issues involved.
(4) Except as provided for in subparagraph (5) of this rule, no law student shall appear without the supervising attorney in (a) any criminal case in which the defendant may be subject to a felony conviction, (b) any juvenile case where the act committed by the juvenile if committed by an adult would have been considered a felony or (c) in any commitment proceedings.
(5) An eligible law student may appear in any civil or criminal matter, on behalf of the state or any other governmental body, with the written consent of the supervising attorney of the state agency or governmental body." Rule 13.10.
Pennsylvania:
Pa.B.A.R., Rules 321 – 322, 42 Pa.C.S.A., available at http://www.pabarexam.org/bar_admission_rules/321.htm; http://www.pabarexam.org/bar_admission_rules/322.htm.
Do not discuss law clinics. Instead, focuses on "certified legal interns."
Puerto Rico:
**Cannot find anything. Hard copy states the rule was repealed.
Rhode Island:
Sup.Ct.Rules, Art. II, Rule 9, available at http://www.courts.ri.gov/AttorneyResources/baradmission/PDF/AdmissionBar-ArticleII.pdf (amended Apr. 23, 2012 by 2012 Rhode Island Court Order 0008).
Language regarding law clinics: "A senior law student in a law school accredited and approved by the American Bar Association may appear without compensation on behalf of the State (including a subdivision thereof or a municipal corporation) or on behalf of indigent parties in criminal or civil proceedings in the District Court, in the Family Court, in the Administrative Adjudication Court or its successor tribunal, in any municipal court (including probate or housing), or before any state or municipality administrative agency, board, or department, providing that the conduct of the case is under the general supervision of a member of the bar of this State who, as appropriate, is a regular or special assistant attorney general or municipality solicitor, or is employed by the Office of the Public Defender, or is associated with an organized and approved program providing legal services to indigents which program is either 1) funded in whole or in part by the federal government or by the Rhode Island Bar Foundation or 2) sponsored by a law school accredited and approved by the American Bar Association."
South Carolina:
Rule 401, SCACR, available at http://198.206.194.252/courtReg/displayRule.cfm?ruleID=401.0&subRuleID=&ruleType=APP.
Language regarding law clinics: "An eligible law student may appear in any inferior court or before any administrative tribunal on behalf of any indigent person, with that person's written consent, or on behalf of the State or any of its departments, agencies, institutions, or political subdivisions, with the written approval of the Attorney General. If referred to the clinical legal education program by a state or federal court, department, agency, institution, or other department of the University of South Carolina School of Law or the Charleston School of Law, an eligible law student may also appear in an inferior court or before an administrative tribunal on behalf of a non-indigent person or non-profit organization with the written consent of the person or the written approval of the organization's governing body or executive officer. The consent or approval shall be filed in the record of the case and shall be brought to the attention of the judge or the presiding officer. In all cases, a supervising lawyer is required to be personally present throughout the proceeding."
South Dakota:
SDCL §§ 16-18-2.1 – 2.10, available at http://legis.state.sd.us/statutes/DisplayStatute.aspx?Statute=16-18&Type=Statute.
Does not deal specifically with law clinics. Instead, focuses on legal interns and externs stating that the purpose of the rule is, "to encourage law schools to provide field placement instruction in legal work of varying kinds." SDCL § 16-18-2.1.
Tennessee:
Sup.Ct.Rules, Rule 7, § 10.03, available at http://www.tsc.state.tn.us/rules/supreme-court/7.
Language regarding law clinics: "Any law student who has successfully completed one-half of the legal studies required for graduation from any school of law from which a graduate is eligible under this rule to take the Tennessee bar examination may, with the written approval of the Supreme Court of Tennessee, provide legal services to, and/or may appear in any municipal, county, or state court on behalf of, any person or entity financially unable to afford counsel or on behalf of the state of Tennessee or of any municipal or county government; provided, however, that the law student is participating in a law school clinical program, furnishing assistance through a legal aid program, or serving as an assistant to a District Attorney General, Public Defender, the State's Attorney General, the general counsel of any state agency, or a county or municipal legal director's office, and that the law student is under the immediate and personal supervision of a member of the law school's faculty, a licensed legal aid attorney, a District Attorney General or designated Assistant District Attorney General, a District Public Defender or designated Assistant District Public Defender, the Attorney General of Tennessee or any assistant in his or her office, the general counsel of any state agency or any staff attorney in his or her office, or the director of a county or municipal legal office or designated staff attorney."
Texas:
TX Law Student and Unlicensed Graduate Participation Rules, Rules I-IX, available at http://www.law.uh.edu/oss/barcard.pdf.
Does not specifically discuss law clinics. Instead, states in its Purpose that its goal is to "furnish practical training to qualified law students." Rule I.
Utah:
State Bar Ethics Advisory Opinion Committee Index, available at http://www.utahbar.org/committees/eaoc/.
UT Special Practice Rule 14-807, available at http://www.utcourts.gov/resources/rules/ucja/ch14/08%20Special%20Practice/USB14-807.html.
Does not specifically discuss law clinics. Instead, focuses on law student practice, generally.
Vermont:
Vermont Rules of Admission to the Bar, § 13 (amended by 2012 Vermont C.O. 0006).
Does not specifically discuss law clinics. Instead, focuses on legal interns.
Virginia:
Integration of the State Bar, Pt. 6 § 4 Par. 15, available at http://www.vsb.org/docs/org-gov_2007-08pg.pdf.
Does not specifically discuss law clinics. Instead, discusses what an "eligible law student" may do in the presence of a supervising lawyer.
Va. Code Ann. § 54.1-3909 (2012), available at http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+54.1-3909.
Does not specifically discuss law clinics. Instead, grants the Supreme Court of Virginia the authority to prescribe procedures for the "limited practice of law by third-year law students."
Washington:
Admission to Practice Rules, APR 9, available at http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=ga&set=APR&ruleid=gaapr09.
Does not specifically discuss law clinics. Instead, states that qualified law students can be "admitted to the status of legal intern and be granted a limited license to engage in the practice of law only as provided in this rule."
West Virginia:
Admission to the Practice of Law, Rules 10.0 to 10.4, available at http://www.courtswv.gov/legal-community/rules-for-admission.html.
Language regarding law clinics: "As one means of providing assistance to lawyers who represent clients unable to pay for such services, and to encourage law schools and supervising attorneys to provide clinical instruction in trial work of varying kinds, the following rule is adopted…
An eligible law student may appear, with a supervising attorney, in any court or before any administrative tribunal in this State on behalf of the State of West Virginia or any indigent person if the person on whose behalf the student is appearing has indicated in writing his or her consent to that appearance and the supervising lawyer has also indicated in writing approval of that appearance, in the following matters:
(1) Civil Matters. In civil actions or cases, the supervising lawyer shall be required to be personally present.
(2) Criminal and Other Matters. In all criminal and related matters, the supervising lawyer must be personally present throughout the proceedings and shall be fully responsible for the manner in which they are conducted. This provision shall apply to all matters in which the minimum due process requirements approximate the requirements of criminal cases. When a student represents the State, the supervising lawyer shall be the prosecuting attorney or his or her designated assistant prosecuting attorney."
Wisconsin:
WI Rules for Practical Training of Law Students SCR 50.01 to 50.08, available at http://www.wicourts.gov/sc/scrule/DisplayDocument.pdf?content=pdf&seqNo=1097.
Language regarding law clinics: "A student may engage in the following activities only under direct and immediate supervision and with the approval of a supervising lawyer and only if the client on whose behalf he or she acts shall have approved in writing the performance of those acts by the student. Such activities must be part of the clinical program of the law school…
The following activities are authorized:
(a) Appearing on behalf of the client in the name of the supervising lawyer in any public trial or hearing or proceeding pertaining thereto in a court, a tribunal or before any public agency, referee, commissioner or hearing officer.
(b) Counseling with and giving legal advice to a client in the presence of the supervising attorney, except as otherwise provided in this rule."
Wyoming:
Wyoming Bar Association Organization and Government Rule 12, available at http://courts.state.wy.us/CourtRules_Entities.aspx?RulesPage=OrganizationAndGovernmentOfWyoBarAssociation.xml.
Does not specifically discuss law clinics. Instead, discusses legal interns, generally.
*The library has a hard copy of Wyoming Local Rules of U.S. D.C. for the District of Wyoming, III. Attorneys, Rule 201.
