(a) A law student may, with the Court’s approval, under supervision of an attorney, appear
on behalf of any person, including the United States Attorney and the New York State
Attorney General, who has consented in writing.
(b) The attorney who supervises a student shall:
(1) be a Member of the bar of this Court;
(2) assume personal professional responsibility for the student’s work;
(3) assist the student to the extent necessary;
(4) appear with the student in all proceedings before the Court; and
(5) indicate in writing their consent to supervise the student.
(c) In order to be eligible to appear, the law student shall:
(1) be duly enrolled in a law school approved by the American Bar Association;
(2) have completed legal studies amounting to at least two semesters or the equivalent;
(3) be certified by a law school faculty member as qualified to provide the legal
representation permitted by these rules. This certification may either be withdrawn
by the certifier at any time by mailing a notice to the Clerk of Court or be
terminated by the Judge presiding in the case in which the student appears without
notice, hearing, or cause. The termination of certification by action of a Judge
shall not be considered a reflection on the character or ability of the student;
(4) be introduced to the Court by an attorney admitted to practice before this Court;
(5) neither ask for nor receive any compensation or remuneration of any kind for their
services from the person on whose behalf they renders services, but this shall not
prevent an attorney, legal aid bureau, law school, public defender agency, a state,
or the United States from paying compensation to the eligible law student, nor
shall it prevent any agency from making proper charges for their services;
(6) certify in writing that they are familiar with and will comply with New York Rules
of Professional Conduct as adopted from time to time by the Appellate Divisions
of the State of New York, and as interpreted and applied by the United States
Supreme Court, the United States Court of Appeals for the Second Circuit, and
this Court; and
(7) certify in writing that they are familiar with the federal procedural and evidentiary
rules relevant to the action in which he or she is appearing.
(d) The law student, supervised in accordance with these rules, may:
(1) appear as counsel in Court or at other proceedings when written consent of the
client (on the form available in the Clerk’s Office), or written consent of the United
States Attorney when the client is the United States (or an officer or agency thereof)
or of the Attorney General of New York when the client is the State of New York
(or an officer or agency thereof) and the supervising attorney’s name has been filed,
and when the Court has approved the student’s request to appear in the particular
case to the extent that the Judge presiding at the hearing or trial permits; and
(2) prepare and sign motions, petitions, answers, briefs, and other documents in
connection with the matter in which he or she has met the conditions of (d)(1)
above; each such document shall also be signed by the supervising attorney.
(e) Forms for designating compliance with this rule shall be available in the Clerk’s Office
and on the Court’s website, http://www.nywd.uscourts.gov. Completed forms shall be
filed with the Clerk of Court.
(f) Practice by students pursuant to this rule shall not be deemed to constitute the practice of
law within the meaning of the rules for admission to the bar of any jurisdiction.
