Rule 14-807. Law school student and law school graduate legalassistance.
(a) The purpose of this rule is to provide eligible law schoolstudents and recent law school graduates with supervised practical training inthe practice of law for a limited period of time and to assist the Bar and thejudiciary in discharging their responsibilities to help create a just legalsystem that is accessible to all.
(b) Subject to the inherent power of each judge to have directcontrol of the proceedings in court and the conduct of attorneys and others whoappear before the judge, the courts of Utah are authorized to allow eligible lawschool students and recent law school graduates to participate in matterspending before them consistent with this rule.
(c) In order to be eligible to participate under this rule, anindividual must be either:
(c)(1) A law school student in good standing who has completed thefirst year of legal studies amounting to at least two semesters, or theequivalent if the school is not on a semester basis, at an ABA approved lawschool and is either:
(c)(1)(A) enrolled in a law school clinic or externship andsupervised by an attorney authorized to practice law in the state of Utah; or
(c)(1)(B) volunteering for, or employed by, a tax-exempt orgovernmental agency or a for-profit entity, and supervised by an attorney whois authorized to practice law in the state of Utah;
(c)(2) Or a law school graduate who has graduated from an ABAapproved law school, will be taking a regularly-scheduled bar exam within oneyear after graduating from law school, and is working under the supervision of anattorney authorized to practice law in the state of Utah.
(d) Subject to all applicable rules, regulations, and statutes, alaw school student or law school graduate as defined under this rule may engagein the following activities, so long as the client and supervising attorneyconsent in writing to each activity, and the supervising attorney remains fully responsible for the manner inwhich the activities are conducted:
(d)(1) Negotiate for andon behalf of the client, subject to final approval thereof by the supervisingattorney, or give legal advice to the client, provided that the law school studentor law school graduate:
(d)(1)(A) obtains theapproval of the supervising attorney regarding the legal advice to be given orplan of negotiation to be undertaken by the law school student or law school graduate;and
(d)(1)(B) performs theactivities under the general supervision of the supervising attorney;
(d)(2) Appear on behalf ofthe client in depositions, provided that the law school student or law school graduate:
(d)(2)(A) has passed acourse in evidence; and
(d)(2)(B) performs theactivity under the direct supervision and in the personal presence of thesupervising attorney;
(d)(3) Appear in any court or before anyadministrative tribunal in this state. In order to participate in any evidentiaryhearing, the law school student must have passed a course in evidence, and inthe case of a criminal evidentiary hearing, must have also passed a course incriminal procedure. The supervising attorney?s and the client?s written consentand approval, along with the law school student?s certification, must be filedin the record of the case and must be brought to the attention of the judge ofthe court or the presiding officer of the administrative tribunal. In addition,the law school student or law school graduate must orally advise the court atthe initial appearance in a case that he or she is certified to appear pursuantto this rule. A law school student or law school graduate may appear in thefollowing matters:
(d)(3)(A) Civil Matters. In civilcases in any court, the supervising attorney is not required to be personallypresent in court if the person on whose behalf an appearance is being madeconsents to the supervising attorney?s absence.
(d)(3)(B) Felony or Class AMisdemeanor Criminal Matters on Behalf of the Prosecuting Authority. In anyfelony or Class A misdemeanor prosecution matter in any court, the supervisingattorney must be personally present throughout the proceedings.
(d)(3)(C) Infraction or Class B or ClassC Misdemeanor Criminal Matters on Behalf of the Prosecuting Authority. In any infractionor Class B or Class C misdemeanor matter in any court with the written approvalof the supervising attorney, the supervising attorney is not required to bepersonally present in court; however, the supervising attorney must be personallypresent during any Class B or Class C misdemeanor trial.
(d)(3)(D) Felony or Class A MisdemeanorCriminal Defense Matters. In any felony or Class A misdemeanor criminal defensematter in any court, the supervising attorney must be personally presentthroughout the proceedings.
(d)(3)(E) Infraction or Class B orClass C Misdemeanor Criminal Defense Matters. In any infraction or Class B orClass C misdemeanor criminal defense matter in any court, the supervisingattorney is not required to be personally present in court, so long as theperson on whose behalf an appearance is being made consents to the supervisingattorney's absence; however, the supervising attorney must be personallypresent during any Class B or Class C misdemeanor trial.
(d)(3)(F) Appellate Oral Argument. In anyappellate oral argument, the supervising attorney must be personally present andthe court must give specific approval for the law school student?s or lawschool 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 supervisingattorney to be personally present for such period and under such circumstancesas the court may direct.
(d)(4) Perform the followingactivities under the general supervision of the supervising attorney, butoutside his or her personal presence:
(d)(4)(A) Prepare pleadings and otherdocuments to be filed in any matter in which the law school student or law schoolgraduate is eligible to appear, provided such pleadings or documents are reviewedand signed by the supervising attorney;
(d)(4)(B) Prepare briefs and otherdocuments to be filed in appellate courts of this state, provided suchdocuments are reviewed and signed by the supervising attorney;
(d)(4)(C) Provide assistance toindigent inmates of correctional institutions or other persons who request suchassistance in preparing applications and supporting documents forpost-conviction relief, except when the assignment of counsel in the matter isrequired by any constitutional provision, statute, or rule of this Court; ifthere is an attorney of record in the matter, all such assistance must besupervised by the attorney of record, and all documents submitted to the courton behalf of such a client must be reviewed and signed by the attorney ofrecord and the supervising attorney; and
(d)(4)(D) Perform other appropriatelegal services, but only after prior consultation with the supervising attorney.
(e) For any studentparticipating under this rule, the law school?s dean, or his or her designee, mustcertify to the supervising attorney that the law school student is in goodstanding, has completed the first year of law school studies, and, in the caseof a clinic or externship, that the law school student is enrolled in a lawschool clinic or externship. The law school?s dean or designee must alsocertify to the supervising attorney that the student has passed an evidencecourse if the law school student will be participating in depositions or evidentiaryhearings, and also a criminal procedure course if the law school student willbe participating in criminal evidentiary hearings.
(f) The supervising attorney is responsible for ensuring that theconduct of the law school student or law school graduate complies with thisrule, which includes verifying the participant?s eligibility.
(g) Before participating under this rule, a law school graduate must:
(g)(1) provide the Bar?s admissionsoffice with the name of his or her supervising attorney;
(g)(2) provide the Bar?s admissionsoffice with a signed and dated authorization to release information to thesupervising attorney regarding the law school graduate?s Bar applicant status;and
(g)(3) provide the Bar?s admissions office with a signed and datedletter from the supervising attorney stating that he or she has read this ruleand agrees to comply with its conditions.
(h) A law school student?s or law school graduate?s eligibility toprovide services under this rule terminates upon the earlier occurrence of:
(h)(1) cessation of law school enrollmentunless by reason of graduation in the case of a law school student; or
(h)(2) in the case of a law schoolgraduate:
(h)(2)(A) failure to submit a timelyapplication for admission to the Bar under (c)(2);
(h)(2)(B) the Bar?s admissions office?s or its character andfitness committee?s decision to not permit the law school graduate to take a regularly-scheduledbar examination under (c)(2);
(h)(2)(C) notification of the law school graduate?sfailure to successfully pass the bar examination under (c)(2); or
(h)(2)(D) the law school graduate?sfailure to be admitted to practice within six months of taking and passing thebar examination under (c)(2).