- An eligible law student may, upon compliance with these rules, and
under supervision of an attorney, appear on behalf of any person,
including the United States Attorney, who has consented in writing.
- The attorney who supervises a student shall:
- be a member of the bar of the United States District Court for
the Southern District of New York;
- be a participant in a student clinical program as defined by the
law school or an attorney in the United States Attorney’s Office;
- assume personal professional responsibility for the student’s
work;
- assist the student to the extent necessary;
- appear with the student in all proceedings before the Court;
- indicate in writing his consent to supervise the student.
- To appear, the student shall:
- be duly enrolled in a law school approved by the American Bar
Association. The student shall be deemed to continue this
requirement as long as, following graduation, the student is preparing
to take the first new York State bar examination for which the
student is eligible, or, having taken the examination is
awaiting the publication of the results or admission to the bar
after passing the examination;
- be a participant in a clinical program approved by that law
school or be working in the United States Attorney’s Office;
- have completed legal studies amounting to at least two
semesters;
- be certified by either the law school dean or his authorized
designee as qualified to provide the legal representation
permitted by this rule. This certification may be withdrawn by the
certifier at any time by mailing a notice to the Clerk, without
notice or hearing and without showing of cause.
- be introduced to the Court by an attorney admitted to practice
before this Court;
- neither ask for nor receive any compensation or remuneration of
any kind from the client. This is not intended to affect the
ability or right of an attorney, legal aid bureau, law school
clinical program, public defender agency, State, or the United
States from seeking attorney fees, which may include compensation
for student services, and paying compensation to the eligible law
student.
- certify in writing that he is familiar and will comply with the
Code of Professional Responsibility of the American Bar
Association.
- certify in writing that he is familiar with the federal
procedural and evidentiary rules relevant to the action in which
he is appearing.
- The law student may:
- appear as counsel in Court or at other proceedings, always
accompanied by the supervising attorney, when written consent of
the client, the supervising attorney, and the assigned judge have
been filed with the Clerk of the Court.
- prepare and sign motions, petitions, answers, briefs and other
documents in connection with any matter in which he had met the
conditions of (a) above. Each such document shall also be signed
by the supervising attorney.
- The judge’s consent for the student to appear may be withdrawn
without notice or hearing and without showing of cause. The
withdrawal of consent by a judge shall not be considered a
reflection on the character or ability of the student.
- Forms for certifying compliance with this rule shall be available
in the Clerk’s Office. Completed forms shall be filed with the
Clerk.
- Participation by students under the rule shall 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.
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