(a) Written Consent.
With the written consent of an indigent and his or her attorney of record, an eligible
law student may appear on behalf of that indigent. With the written consent of the
United States Attorney or his or her representative, an eligible law student may also
appear on behalf of the United States. With the written consent of the Federal Public
Defender, an eligible law student may appear on behalf of the Federal Public
Defender. With the written consent of the Attorney General of the State of West
Virginia or his or her representative, an eligible law student may also appear on
behalf of the State of West Virginia. In each case in which an eligible law student
appears, the consent shall be filed with the clerk.
(b) Responsibilities of Attorneys of Record.
An eligible law student may assist in the preparation of pleadings, briefs, and other
documents to be filed in this court, but such pleadings, briefs, or documents must
be signed by the attorney of record. An eligible law student may also participate in
hearings, trials, and other proceedings with leave of court, but only in the presence
of the attorney of record. The attorney of record shall assume personal professional
responsibility for the law student=s work. The attorney of record shall be familiar
with the case and be prepared to supplement or correct any written or oral statement
made by the law student.
(c) Eligibility Requirements.
To be eligible to appear pursuant to this rule, the law student must:
(1) be enrolled in a law school approved by the American Bar Association;
(2) have successfully completed legal studies for at least 4 semesters, or the
equivalent if the school is on some basis other than a semester basis;
(3) be certified by the dean of his or her law school as being of good character
and competent legal ability. The dean=s certification shall be filed with the
clerk. This certification may be withdrawn by the dean at any time without
notice or hearing and without any showing of cause by notifying the clerk
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in writing, or it may be terminated by the court at any time without notice
of hearing and without any showing of cause. Unless withdrawn or
terminated, the certification shall remain in effect for 18 months after it has
been filed with the clerk or until the law student has been admitted as a
permanent member of the bar of this court, whichever is earlier;
(4) certify in writing to the clerk that he or she has read the Code of Professional
Conduct of the American Bar Association, the Rules of Professional
Conduct and the Standards of Professional Conduct promulgated and
adopted by the Supreme Court of Appeals of West Virginia, and the Model
Rules of Professional Conduct published by the American Bar Association;
(5) be introduced to the court by a permanent member of the bar of this court;
and
(6) neither ask for nor receive any compensation or remuneration of any kind
for services from the party assisted, but this shall not prevent an attorney,
legal services program, law school, public defender agency, the State of
West Virginia, or the United States from paying compensation to the law
student, nor from making appropriate charges for such services.
