Rule 14-807. Law school student and law school graduate legal assistance.

(a) The purpose of this rule is to provide eligible law school students and recent law school graduates with supervised practical training in the practice of law for a limited period of time and to assist the Bar and the judiciary in discharging their responsibilities to help create a just legal system that is accessible to all.

(b) Subject to the inherent power of each judge to have direct control of the proceedings in court and the conduct of attorneys and others who appear before the judge, the courts of Utah are authorized to allow eligible law school students and recent law school graduates to participate in matters pending before them consistent with this rule.

(c) In order to be eligible to participate under this rule, an individual must be either:

(c)(1) A law school student in good standing who has completed the first year of legal studies amounting to at least two semesters, or the equivalent if the school is not on a semester basis, at an ABA approved law school and is either:

(c)(1)(A) enrolled in a law school clinic or externship and supervised by an attorney authorized to practice law in the state of Utah; or

(c)(1)(B) volunteering for, or employed by, a tax-exempt or governmental agency or a for-profit entity, and supervised by an attorney who is authorized to practice law in the state of Utah;

(c)(2) Or a law school graduate who has graduated from an ABA approved law school, will be taking a regularly-scheduled bar exam within one year after graduating from law school, and is working under the supervision of an attorney authorized to practice law in the state of Utah.

(d) Subject to all applicable rules, regulations, and statutes, a law school student or law school graduate as defined under this rule may engage in the following activities, so long as the client and supervising attorney consent in writing to each activity, and the supervising attorney remains fully responsible for the manner in which the activities are conducted:

(d)(1) Negotiate for and on behalf of the client, subject to final approval thereof by the supervising attorney, or give legal advice to the client, provided that the law school student or law school graduate:

(d)(1)(A) obtains the approval of the supervising attorney regarding the legal advice to be given or plan of negotiation to be undertaken by the law school student or law school graduate; and

(d)(1)(B) performs the activities under the general supervision of the supervising attorney;

(d)(2) Appear on behalf of the client in depositions, provided that the law school student or law school graduate:

(d)(2)(A) has passed a course in evidence; and

(d)(2)(B) performs the activity under the direct supervision and in the personal presence of the supervising attorney;

(d)(3) Appear in any court or before any administrative tribunal in this state. In order to participate in any evidentiary hearing, the law school student must have passed a course in evidence, and in the case of a criminal evidentiary hearing, must have also passed a course in criminal procedure. The supervising attorney’s and the client’s written consent and approval, along with the law school student’s certification, must be filed in the record of the case and must be brought to the attention of the judge of the court or the presiding officer of the administrative tribunal. In addition, the law school student or law school graduate must orally advise the court at the initial appearance in a case that he or she is certified to appear pursuant to this rule. A law school student or law school graduate may appear in the following matters:

(d)(3)(A) Civil Matters. In civil cases in any court, the supervising attorney is not required to be personally present in court if the person on whose behalf an appearance is being made consents to the supervising attorney’s absence.

(d)(3)(B) Felony or Class A Misdemeanor Criminal Matters on Behalf of the Prosecuting Authority. In any felony or Class A misdemeanor prosecution matter in any court, the supervising attorney must be personally present throughout the proceedings.

(d)(3)(C) Infraction or Class B or Class C Misdemeanor Criminal Matters on Behalf of the Prosecuting Authority. In any infraction or Class B or Class C misdemeanor matter in any court with the written approval of the supervising attorney, the supervising attorney is not required to be personally present in court; however, the supervising attorney must be personally present during any Class B or Class C misdemeanor trial.

(d)(3)(D) Felony or Class A Misdemeanor Criminal Defense Matters. In any felony or Class A misdemeanor criminal defense matter in any court, the supervising attorney must be personally present throughout the proceedings.

(d)(3)(E) Infraction or Class B or Class C Misdemeanor Criminal Defense Matters. In any infraction or Class B or Class C misdemeanor criminal defense matter in any court, the supervising attorney is not required to be personally present in court, so long as the person on whose behalf an appearance is being made consents to the supervising attorney's absence; however, the supervising attorney must be personally present during any Class B or Class C misdemeanor trial.

(d)(3)(F) Appellate Oral Argument. In any appellate oral argument, the supervising attorney must be personally present and the court must give specific approval for the law school student’s or law school graduate’s participation in that case.

(d)(3)(G) Notwithstanding the terms of (d)(3), the court may at any time and in any proceeding require the supervising attorney to be personally present for such period and under such circumstances as the court may direct.

(d)(4) Perform the following activities under the general supervision of the supervising attorney, but outside his or her personal presence:

(d)(4)(A) Prepare pleadings and other documents to be filed in any matter in which the law school student or law school graduate is eligible to appear, provided such pleadings or documents are reviewed and signed by the supervising attorney;

(d)(4)(B) Prepare briefs and other documents to be filed in appellate courts of this state, provided such documents are reviewed and signed by the supervising attorney;

(d)(4)(C) Provide assistance to indigent inmates of correctional institutions or other persons who request such assistance in preparing applications and supporting documents for post-conviction relief, except when the assignment of counsel in the matter is required by any constitutional provision, statute, or rule of this Court; if there is an attorney of record in the matter, all such assistance must be supervised by the attorney of record, and all documents submitted to the court on behalf of such a client must be reviewed and signed by the attorney of record and the supervising attorney; and

(d)(4)(D) Perform other appropriate legal services, but only after prior consultation with the supervising attorney.

(e) For any student participating under this rule, the law school’s dean, or his or her designee, must certify to the supervising attorney that the law school student is in good standing, has completed the first year of law school studies, and, in the case of a clinic or externship, that the law school student is enrolled in a law school clinic or externship. The law school’s dean or designee must also certify to the supervising attorney that the student has passed an evidence course if the law school student will be participating in depositions or evidentiary hearings, and also a criminal procedure course if the law school student will be participating in criminal evidentiary hearings.

(f) The supervising attorney is responsible for ensuring that the conduct of the law school student or law school graduate complies with this rule, which includes verifying the participant’s eligibility.

(g) Before participating under this rule, a law school graduate must:

(g)(1) provide the Bar’s admissions office with the name of his or her supervising attorney;

(g)(2) provide the Bar’s admissions office with a signed and dated authorization to release information to the supervising attorney regarding the law school graduate’s Bar applicant status; and

(g)(3) provide the Bar’s admissions office with a signed and dated letter from the supervising attorney stating that he or she has read this rule and agrees to comply with its conditions.

(h) A law school student’s or law school graduate’s eligibility to provide services under this rule terminates upon the earlier occurrence of:

(h)(1) cessation of law school enrollment unless by reason of graduation in the case of a law school student; or

(h)(2) in the case of a law school graduate:

(h)(2)(A) failure to submit a timely application for admission to the Bar under (c)(2);

(h)(2)(B) the Bar’s admissions office’s or its character and fitness committee’s decision to not permit the law school graduate to take a regularly-scheduled bar examination under (c)(2);

(h)(2)(C) notification of the law school graduate’s failure to successfully pass the bar examination under (c)(2); or

(h)(2)(D) the law school graduate’s failure to be admitted to practice within six months of taking and passing the bar examination under (c)(2).