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SCR 2.540 LIMITED STUDENT PRACTICE
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student who has successfully completed two-thirds of the academic hour
requirement for the first degree in law at an approved law school and is
participating in a law school sponsored clinic, intern, extern, or public
service program may provide legal services to, and may appear in any
proceeding in any Court of this state on behalf of any person financially
unable to employ counsel, or, on behalf of the Commonwealth or the United
States' Attorney; and any student who has successfully completed
two-thirds of the academic hour requirements for the first degree in law
may provide legal advice, counseling and negotiation services to a college
or university student, regardless of that student's financial status,
pursuant to an approved law |
(a) Such
student is providing such services to, or appearing in such proceeding on
behalf of, a person assigned to the student through a clinic, intern,
extern, or public service program operated by an approved law school under
the direction of a full or part time law school director.
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(b) The Chief Justice of the
Supreme Court of Kentucky, the dean of the student's law school, and the
director of the law school program in which such student is participating,
have filed written approval of such student with the Clerk of the
Supreme Court, the Clerk of the Courts before which the student is to
appear, and the Clerk of the Circuit Court in the county wherein the
student's law school is located.
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(c) A member in good
standing of the bar of this state personally supervises all activities of
the student in each case, with the exception that the student may consult
with the client or potential clients, but may not advise, negotiate or
appear alone in administrative proceedings or in the Courts of this state
in civil or criminal matters without personal appearance and supervision
by a member in good standing of the bar of this state, and as otherwise
provided in this Rule.
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In all criminal cases involving
crime for which the defendant may be punished by a fine of more than
$500.00 or by confinement for more than twelve months, personal
supervision of the activities of the student requires that a member in
good standing of the bar of this state be present for all proceedings
which take place before a judge.
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In the defense of any criminal
case which involves a crime for which the defendant may be punished by a
fine of more than $500.00 or by confinement for more than twelve months,
and which is to be prosecuted in a county not having a formal public
defender program, the attorney who is to supervise the student must be
appointed by the judge of the court before whom the cause is pending.
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No student authorized to perform
legal services under this Rule shall ask for or receive any compensation
or remuneration of any kind for the services. This rule does not
prevent a law school from awarding scholarships or fellowships to a law
student authorized to perform legal services under this Rule.
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Any student authorized to perform
legal services under the Rule must subscribe to the following oath.
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OATH OF LEGAL INTERN UNDER
STUDENT PRACTICE RULE
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I,____________________________,
do solemnly sear that I will, as a Legal Intern, support and defend the
Constitution of the United States and the Constitution of the State of
Kentucky; that cognizant of the trust placed in me and the responsibility
it carries, I will conduct myself in all matters to the extent given me as
an officer of the Court with the utmost fidelity toward the Court and all
persons whose affairs are in any way entrusted to me; that I will neither
take part in deception of the Court, nor allow deception to take place,
and should any be practiced will inform the Court; that I will accept no
remuneration for services performed as a legal intern except those
specifically provided by the rules of the Supreme Court; that I subscribe
to and will abide by the rules of Professional conduct as adopted by the
Supreme Court of Kentucky; and that I will so exercise these privileges
given me that it may be alike useful in the service of justice and in my
preparation to assume full responsibility later a member of the bar.
__________________________
The above and foregoing Oath was subscribed to by
the above named Legal Intern and administered to him by me, on this
____________ day of ______________, 19____.
__________________________
Notary Public
[Amended effective January 1, 1978; July 1, 1978; October
1, 1994; March 1, 1998; Amended effective February 1, 2000] |
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