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; or
(c)(2) A law school graduate who is working
under the supervision of an attorney authorized to practice law in the state of
Utah, has graduated from an ABA approved law school, and intends to submit an
application to the Bar and take the Uniform Bar Examination (UBE) within one
year after graduating from law school.
(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) 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.
(d)(5) 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;
(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; and
(g)(4) receive a Graduate Practice Certificate from the Bar.
(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) in the case of a law school
student, cessation of law school enrollment unless by
reason of graduation; or
(h)(2) in the case of a law school
graduate:
(h)(2)(A) the expiration of one year from the
law school graduate’s date of graduation; or
(h)(2)(B) the Bar’s admissions office’s or character and fitness
committee’s decision not to approve the law school graduate’s application; or
(h)(2)(C) notification of the law school
graduate’s failure to obtain a minimum passing score on the UBE as defined in
Rule 14-711(d).
Effective May
1, 2018.