Legal Assistance by a Law Student

(a) In General. A law student qualified under RCFC 83.3(b) may enter an appearance in this court on behalf of any party in a case provided that: (1) the party on whose behalf the student appears has consented in writing; (2) a supervising attorney, as defined in RCFC 83.3(d), has indicated approval in writing; and (3) the written consent and approval have been filed with the clerk. *As corrected November 28, 2016. (b) Eligibility. To make an appearance under this rule, a law student must: RCFC 83.3 112 (1) be a student in good standing at a law school approved by the American Bar Association; least (2) have completed legal studies amounting the to at equivalent thereof if the school operates on some basis other than a semester basis; two semesters, or (3) have knowledge of the Rules of the United States Court of Federal Claims, the Federal Rules of Evidence, and the American Bar Association Model Rules of Professional Conduct; (4) be enrolled for credit in a clinical program at an accredited law school that maintains malpractice insurance for its activities and conducts its activities under the direction of a faculty member of the law school; the and client (5) be certified by the dean of the law school as being of good character and of sufficient legal ability, and as being adequately trained in accordance with RCFC 83.3(b)(1)–(4) to fulfill the responsibilities of a legal intern to both the court. Such certification must be filed with the clerk and may be withdrawn at any time by the dean upon written notice to the clerk; (6) be certified by the chief judge to practice pursuant to this rule. Such certification may be withdrawn at any time by the chief judge or, in a given case, by the judge or special master before whom the law student has entered an appearance, without notice of hearing and without any showing of cause; and (7) neither ask for nor receive any fee or compensation of any kind from the client on whose behalf service is rendered. This rule does not, however, prevent a lawyer, a legal aid bureau, a law school, or the government from paying compensation to an eligible law student or from making such charges for their services as may otherwise be proper, nor does it prevent any clinical program from receiving otherwise proper fees and expenses under RCFC 54(d)(2). (c) Scope of Appearance. A law student who has entered an appearance in a case may: (1) appear on the brief(s) and other written pleadings filed with the court, provided that the supervising attorney has read, approved, and co-signed all such documents; (2) participate in all proceedings ordered by a judge or special master, including the taking of depositions, provided that the supervising attorney is present at all such proceedings; (3) engage in all other activities on behalf of the client in all ways that a licensed attorney may, subject to the general direction of the supervising attorney; and (4) make a binding commitment on behalf of the client provided that both the client the supervising attorney have and approved of such commitment. (d) Supervising Attorney. A supervising attorney under this rule will be deemed the attorney of record pursuant to RCFC 83.1(b) and must: (1) be a member in good standing of the bar of this court; (2) be approved for such service by the dean of the law school at which the law student is enrolled; (3) be certified by this court as a student supervisor; (4) assist and counsel the student in activities allowed under this rule and review such activities with the student, to the extent appropriate under the circumstances, for the proper practical training of the student and the protection of the client; (5) assist the student in the preparation of the the supervising case attorney considers necessary and be available for consultation with the client; (6) be present with the student in all proceedings before a judge or special master; (7) co-sign the extent pleadings other and all to documents filed with the court; (8) supplement oral or written work of the student as necessary to ensure proper representation of the client; (9) assume full professional responsibility for any guidance relating to any work undertaken by the student and for the quality of the student’s work; and 113 RCFC 83.3 cont. (10) notify the dean of the law school at which the student is enrolled of any alleged failure on the part of the student to abide by the letter and spirit of this rule. (e) Retention of Authority. Nothing in this rule should be construed to prevent a judge from establishing exceptions to the activities set forth in RCFC 83.3(c), or from limiting a student’s participation in a particular case. council. Council members may designate officers and committees and take any other steps appropriate to conduct the council’s business. (d) Recommendations. The council may transmit its recommendations to the court informally or formally by letter to the chief judge. The court may consider any recommendation of the council and take such action as the court deems appropriate. (As revised and reissued May 1, 2002; as amended Nov. 3, 2008.) (As revised and reissued May 1, 2002; as amended Nov. 3, 2008, Aug. 3, 2015.) Rules Committee Notes 2002 Revision RCFC 83.3 replaces former General Order No. 35, adopted on September 3, 1993. The only changes are stylistic or correct cross-references. 2008 Amendment The language of RCFC 83.3 has been amended to conform to the general restyling of the FRCP.