Rule II. LIMITED PRACTICE OF LAW BY A LEGAL INTERN

LIMITED PRACTICE OF LAW BY A LEGAL INTERN

Section 1.

Definitions.

As used in this rule:

(A)

“Legal intern” means a person who holds a valid legal intern certificate issued

pursuant to this rule.

(B)

“Supervising attorney” means an attorney who satisfies all of the following:

(1)

Has been admitted to practice law in Ohio pursuant to Gov. Bar R. I or has been

temporarily certified to practice law in Ohio pursuant to Gov. Bar R. IX;

(2)

Is in good standing in each jurisdiction in which the attorney is admitted to practice

law;

(3)

Is either employed by or associated with a law school clinic, legal aid bureau,

public defender's office, or other legal services organization that provides legal assistance

primarily to financially needy individuals, or is responsible for handling civil cases or prosecuting

criminal cases for the state of Ohio or a municipal corporation.

Section 2.

Eligibility.

To be eligible for a legal intern certificate, either of the following shall apply:

(A)

The applicant shall be enrolled in a law school approved by the American Bar

Association and meet all of the following requirements:

(1)

Have received at least one-third of the total hourly academic credits required for

graduation;

(2)

Be approved for a legal intern certificate by the dean of the law school in which the

applicant is enrolled;

(3)

Have read and agreed to be bound by this rule, Gov. Bar R. IV, and the Ohio Rules

of Professional Conduct as adopted by the Supreme Court.

(B)

The applicant shall be a graduate of a law school approved by the American Bar

Association and meet both of the following requirements:

e approved for a legal intern certificate by the dean of the law school in which the

applicant is enrolled;

(3)

Have read and agreed to be bound by this rule, Gov. Bar R. IV, and the Ohio Rules

of Professional Conduct as adopted by the Supreme Court.

(B)

The applicant shall be a graduate of a law school approved by the American Bar

Association and meet both of the following requirements:

(1)

Have applied to take or has taken and is awaiting the results of the first Ohio bar

examination following graduation;

Have read and agrees to be bound by this rule, Gov. Bar R. IV, and the Ohio Rules

of Professional Conduct as adopted by the Supreme Court.

Section 3.

Application.

An applicant for a legal intern certificate shall file an application with the Office of Bar

Admissions of the Supreme Court. The application shall be on forms provided by the Office of

Bar Admissions and shall include all of the following:

(A)

If the applicant is applying pursuant to Section 2(A) of this rule, a certificate from

the dean of the law school in which the applicant is enrolled, certifying both of the following:

(1)

That the applicant satisfies Section 2(A)(1) of this rule and has met all of the

academic and ethical standards of the law school;

(2)

That the dean does not have knowledge of any information that would cause the

dean to doubt the applicant's character, fitness, and moral qualifications to practice law;

(B)

A certificate from the applicant’s supervising attorney, certifying that the

supervising attorney will perform all duties required pursuant to Section 7 of this rule;

(C)

A written oath, signed by the applicant, swearing or affirming that the applicant has

read and agrees to be bound by this rule, Gov. Bar R. IV, and the Ohio Rules of Professional

Conduct as adopted by the Supreme Court;

(D)

A fee of twenty-five dollars;

(E)

Any other information considered necessary or appropriate by the Office of Bar

Admissions.

Section 4.

Issuance and Duration of Certificate.

oath, signed by the applicant, swearing or affirming that the applicant has

read and agrees to be bound by this rule, Gov. Bar R. IV, and the Ohio Rules of Professional

Conduct as adopted by the Supreme Court;

(D)

A fee of twenty-five dollars;

(E)

Any other information considered necessary or appropriate by the Office of Bar

Admissions.

Section 4.

Issuance and Duration of Certificate.

(A)

The Office of Bar Admissions shall issue a legal intern certificate to an applicant

who satisfies Sections 2 and 3 of this rule. Unless revoked earlier pursuant to division (B) of this

section, the legal intern certificate shall automatically expire upon the occurrence of one of the

following:

(1)

On the date, prior to graduation, the legal intern is no longer enrolled in a law school

approved by the American Bar Association;

(2)

On the date the legal intern graduates from law school, if the legal intern has not

applied to take the first Ohio bar examination following graduation;

(3)

On the Monday after distribution of the results of the first Ohio bar examination

following the legal intern's graduation from law school. If the legal intern passes that bar

examination, the legal intern's certificate shall continue in effect until the legal intern is admitted

to the practice of law in Ohio so long as the legal intern is admitted to practice within twelve

months following that bar examination. If the legal intern is not admitted to the practice of law in

Ohio within twelve months following that bar examination, the legal intern certificate shall

automatically expire.

(B)

A legal intern certificate may be revoked, prior to its expiration and without hearing

or statement of cause, by either of the following:

(1)

The Supreme Court, sua sponte, on notification to the legal intern, the legal intern’s

supervising attorney, and the dean of the law school in which the legal intern is enrolled;

ination, the legal intern certificate shall

automatically expire.

(B)

A legal intern certificate may be revoked, prior to its expiration and without hearing

or statement of cause, by either of the following:

(1)

The Supreme Court, sua sponte, on notification to the legal intern, the legal intern’s

supervising attorney, and the dean of the law school in which the legal intern is enrolled;

(2)

The dean of the law school in which the legal intern is enrolled, on written

notification to the Office of Bar Admissions and to the intern. The dean promptly shall revoke the

legal intern's certificate if the legal intern ceases to meet all of the academic and ethical standards

of the law school.

(C)

Upon revocation of a legal intern certificate, the legal intern promptly shall return

the certificate to the Office of Bar Admissions.

(D)

A legal intern certificate that expires or is revoked shall not be renewed or reissued.

Section 5.

Scope of Authority.

(A)

A legal intern may represent either of the following:

(1)

Any person who qualifies for legal services at a law school clinic, legal aid bureau,

public defender's office, or other legal services organization that provides legal assistance

primarily to financially needy individuals, provided the person obtaining legal assistance from the

legal intern consents in writing to the legal intern's representation;

(2)

The state of Ohio or any municipal corporation, with the consent of the official

charged with the responsibility of handling or prosecuting the matters or cases that are referred to

the legal intern.

(B)

Any entity supervising a legal intern pursuant to Section 5(A) must provide

professional liability insurance coverage for the legal intern.

(C)

A legal intern may provide representation in civil and administrative actions,

misdemeanor and felony cases, or juvenile matters, including those juvenile matters involving an

alleged offense that would be a felony if committed by an adult.

.

(B)

Any entity supervising a legal intern pursuant to Section 5(A) must provide

professional liability insurance coverage for the legal intern.

(C)

A legal intern may provide representation in civil and administrative actions,

misdemeanor and felony cases, or juvenile matters, including those juvenile matters involving an

alleged offense that would be a felony if committed by an adult.

(D)

When a legal intern prepares and signs, in whole or in part, any correspondence,

legal documents, pleadings, or other papers, the legal intern's signature shall be followed by the

designation “legal intern.”

(E)

A legal intern shall not appear before any court or administrative board or agency

in the absence of a supervising attorney, unless the supervising attorney and the client consent in

writing or on the record, and the absence of the supervising attorney is approved by the judge,

referee, magistrate, or hearing officer hearing the matter. In the representation of a criminal

defendant charged with a felony of the fourth or fifth degree or a juvenile charged with an offense

that would be a felony of the fourth or fifth degree if committed by an adult, the supervising

attorney shall be present throughout all court proceedings. In the representation of a criminal

defendant charged with a felony of the first, second, or third degree or a juvenile charged with an

offense that would be a felony of the first, second, or third degree if committed by an adult, the

supervising attorney shall act as co-counsel throughout all court proceedings.

(F)

The communications of the client to the legal intern shall be privileged under the

same rules that govern the attorney-client privilege.

Section 6.

Compensation.

or third degree or a juvenile charged with an

offense that would be a felony of the first, second, or third degree if committed by an adult, the

supervising attorney shall act as co-counsel throughout all court proceedings.

(F)

The communications of the client to the legal intern shall be privileged under the

same rules that govern the attorney-client privilege.

Section 6.

Compensation.

A legal intern shall not ask for or receive any compensation or remuneration of any kind

from a financially needy client on whose behalf services are rendered. However, the law school

clinic, legal aid bureau, public defender's office, or other legal services organization may be

awarded attorney fees for services rendered by the legal intern consistent with the Ohio Rules of

Professional Conduct and as provided by law. A law school clinic, legal aid bureau, public

defender's office, or other legal services organization, the state, or any municipal corporation may

pay compensation to the legal intern.

Section 7.

Duties of Supervising Attorney.

(A)

A supervising attorney shall assume professional responsibility for each case,

client, or matter assigned to the legal intern by that supervising attorney. The supervising attorney

shall read and cosign all correspondence, legal documents, pleadings, and other papers prepared,

in whole or in part, by the intern relating to any matter assigned to the legal intern by that

supervising attorney. In any matter before a court or administrative board or agency in which a

legal intern participates upon assignment by the supervising attorney, the supervising attorney shall

ensure that the judge, referee, magistrate, or hearing officer is informed of the legal intern's status

as a legal intern and shall be present with the legal intern in court or before the administrative

board or agency, except as provided by Section 5(E) of this rule.

ard or agency in which a

legal intern participates upon assignment by the supervising attorney, the supervising attorney shall

ensure that the judge, referee, magistrate, or hearing officer is informed of the legal intern's status

as a legal intern and shall be present with the legal intern in court or before the administrative

board or agency, except as provided by Section 5(E) of this rule.

(B)

The supervising attorney shall provide the legal intern with the opportunity to

engage in and observe the practice of law, shall discuss and counsel the intern regarding matters

of professional responsibility that arise, and shall train and supervise the legal intern on matters

assigned to the intern by that supervising attorney to the extent necessary to properly protect the

interests of the client and to properly advance and promote the intern's training.

(C)

The supervising attorney shall cooperate with the legal intern's law school on any

reporting or evaluation requirements regarding an award of academic credit to the legal intern.