Opinion
ADM09-8002
08-06-2013
ORDER PROMULGATING AMENDMENTS TO THE STUDENT PRACTICE RULES
The Minnesota Board of Law Examiners has recommended that certain amendments be made to the Student Practice Rules to remove the requirement from Rules 1.02, 2.02, and 3.02 that students certified under those rules attend a law school in Minnesota and to conform Rules 1.05, 2.05, and 3.05 accordingly. The Court has considered the proposed amendments and concluded that the nature of these administrative amendments does not necessitate a period for public comment.
The court being fully advised in the premises,
IT IS HEREBY ORDERED THAT:
1. The attached amendments to the Student Practice Rules be, and the same are, prescribed and promulgated to be effective immediately.
2. The Student Practice Rules, as amended, shall be posted on the website of the Minnesota State Board of Law Examiners and the Lawyer Registration page on the website of the Minnesota Judicial Branch.
BY THE COURT:
______________________
Lorie S. Gildea
Chief Justice
Student Practice Rules
Rule 1. General Student Practice
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1.02 Eligible Law Students
An eligible law student is one who: (1) is duly enrolled at the time of original certification in a school of law in Minnesota approved by the American Bar Association; (2) has completed at the time of original certification legal studies equivalent to at least two semesters of full-time study; (3) has been certified by the state, local, or other government unit or agency, or organization or persons representing indigents as being a paid or unpaid intern working for said unit, agency, organization, or persons; (4) has been certified by the dean or designee of the law school as being of good academic standing; and (5) has been identified as a student and accepted by the client. * * *
1.05 Miscellaneous
Nothing contained in this rule shall affect the existing rules of this court or the right of any person who is not admitted to practice law to do anything that he or she might lawfully do prior to the adoption of this rule. Any student enrolled in any school of law approved by the American Bar Association who otherwise meets the qualifications of this rule may petition the supreme court for the rights provided by this rule.
Rule 2. Clinical Student Practice
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2.02 Eligible Law Students
An eligible law student is one who: (1) is duly enrolled at the time of original certification in a school of law in Minnesota approved by the American Bar Association; (2) has completed at the time of original certification legal studies equivalent to at least two semesters of full-time study; (3) is enrolled at the time of original certification in a law school clinical program; (4) has been certified by the dean or designee of the law school as being of good academic standing; and (5) has been identified as a student and accepted by the client. * * *
2.05 Miscellaneous
Nothing contained in this rule shall affect the existing rules of this court or the right of any person who is not admitted to practice law to do anything that he or she might lawfully do prior to the adoption of this rule. Any student enrolled in any school of law approved by the American Bar Association who otherwise moots the qualifications of this rule may petition the supreme court for the rights provided by this rule.
Rule 3. Student Observation of Professional Activities
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Rule 3.02 Eligible Law Students
An eligible law student is one who: (1) is duly enrolled at the time of original certification in a school of law in Minnesota approved by the American Bar Association; (2) has been certified by the dean or designee of the law school as being of good academic standing; (3) has signed a statement certifying that the student will maintain the confidentiality that a lawyer is required to maintain under Rule 1.6 of the Minnesota Rules of Professional Conduct; and (4) has been identified as a student and accepted by the client. * * *
Rule 3.05 Miscellaneous
Nothing contained in this rule shall affect the existing rules of this court or the right of any person who is not admitted to practice law to do anything that he or she might lawfully do prior to the adoption of this rule. Any student enrolled in any school of law approved by the American Bar Association who otherwise moots the qualifications of this rule may petition the supremo court for the rights provided by this rule.