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 andto assist the Bar and the judiciary in discharging their responsibilities tohelp create a just legal system 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; or
(c)(2) A law school graduate who is workingunder the supervision of an attorney authorized to practice law in the state ofUtah, has graduated from an ABA approved law school, and intends to submit anapplication to the Bar and take the Uniform Bar Examination (UBE) within oneyear after graduating from law school.
(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 and onbehalf of the client, subject to final approval thereof by the supervisingattorney, or give legal advice to the client, provided that the law schoolstudent or 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 schoolgraduate; 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 schoolgraduate:
(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 anyevidentiary hearing, the law school student must have passed a course inevidence, and in the case of a criminal evidentiary hearing, must have also passed a course in criminal procedure. Thesupervising attorney?s and the client?s written consent and approval, alongwith the law school student?s certification, must be filed in the record of thecase and must be brought to the attention of the judge of the court or thepresiding officer of the administrative tribunal. In addition, the law schoolstudent or law school graduate must orally advise the court at the initialappearance in a case that he or she is certified to appear pursuant to thisrule. A law school student or law school graduate may appear in the followingmatters:
(d)(3)(A) Civil Matters. In civil casesin any court, the supervising attorney is not required to be personally presentin court if the person on whose behalf an appearance is being made consents tothe supervising attorney?s absence.
(d)(3)(B) Felony or Class A Misdemeanor Criminal Matters on Behalf of the ProsecutingAuthority. In any felony or Class A misdemeanor prosecution matter in anycourt, the supervising attorney must be personally present throughout theproceedings.
(d)(3)(C) Infraction or Class B or ClassC Misdemeanor Criminal Matters on Behalf of the Prosecuting Authority. In anyinfraction or Class B or Class C misdemeanor matter in any court with thewritten approval of the supervising attorney, the supervising attorney is notrequired to be personally present in court; however, the supervising attorneymust 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 orClass A misdemeanor criminal defense matter in any court, the supervisingattorney must be personally present throughout the proceedings.
(d)(3)(E) Infraction or Class B or ClassC Misdemeanor Criminal Defense Matters. In any infraction or Class B or Class Cmisdemeanor criminal defense matter in any court, the supervising attorney isnot required to be personally present in court, so long as the person on whosebehalf an appearance is being made consents to the supervising attorney'sabsence; however, the supervising attorney must be personally present duringany Class B or Class C misdemeanor trial.
(d)(3)(F) Appellate Oral Argument. Inany appellate oral argument, the supervising attorney must be personallypresent and the court must give specific approval for the law school student?sor 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 supervisingattorney to be personally present for such period and under such circumstancesas the court may direct.
(d)(4) Provideassistance to indigent inmates of correctional institutions or other personswho request such assistance in preparing applications and supporting documentsfor post-conviction relief, except when the assignment of counsel in the matteris required 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.
(d)(5) Perform other appropriate legalservices, 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,must certify 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 orevidentiary hearings, and also a criminal procedurecourse if the law school student will be participating in criminal evidentiaryhearings.
(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 graduatemust:
(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;
(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; and
(g)(4) receive a Graduate Practice Certificate from the Bar.
(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) in the case of a law schoolstudent, cessation of law school enrollment unless byreason of graduation; or
(h)(2) in the case of a law schoolgraduate:
(h)(2)(A) the expiration of one year from thelaw school graduate?s date of graduation; or
(h)(2)(B) the Bar?s admissions office?s or character and fitnesscommittee?s decision not to approve the law school graduate?s application; or
(h)(2)(C) notification of the law schoolgraduate?s failure to obtain a minimum passing score on the UBE as defined inRule 14-711(d).
Effective May1, 2018.