SUPERVISED LEGAL INTERN LIMITED PRACTICE OF LAW

7.1. Purpose. This Rule sets forth conditions under which a legal intern may engage in the limited practice of law. These conditions balance three considerations: (1) protecting the consumer of legal services, (2) expanding access to justice by allowing qualified and duly-supervised legal interns to provide legal services, and (3) developing legal skills, professional judgment, and ethical behavior in legal interns through supervised legal services. (Amended January 29, 2025, effective January 29, 2025.) 7.2. Definitions. (a) A “legal intern” shall mean: (1) an individual enrolled and in good standing as a Bachelor of Law (LL.B.) or Juris Doctor (J.D.) candidate at a law school fully or provisionally accredited by the American Bar Association (ABA) who has successfully completed legal studies amounting to one-third of the course work required for graduation from that law school; or (2) an individual who, within the last twelve (12) months, graduated in good standing with a L.L.B. or J.D. degree from a law school fully or provisionally accredited by the ABA. (b) A “supervising lawyer” is a member in good standing of the Hawaiʻi bar who assumes the duties of supervising a legal intern under this Rule and who is ultimately responsible for the activities of the legal intern. (c) A “clinical program” is a practice-focused law course administered under the direction of a faculty member of a fully or provisionally ABA-accredited law school, in which satisfactory completion entitles a qualified law student to receive academic credit. This may include a law school’s clinic courses, as well as its externship or field-placement program. (d) A “law practicum” is an experienced-based law-practice program that is not a clinical program. It is designed and implemented by a supervising lawyer to enable a legal intern to provide competent, ethically sound legal services, especially, but not necessarily limited to, financially or socially disadvantaged individuals in this state. (Amended January 29, 2025, effective January 29, 2025. 7.3. Qualification procedures for legal interns. (a) For a legal intern engaged in a clinical program or a law practicum, the supervising lawyer must, before the legal intern is authorized to practice, file at the supreme court the following documents: (1) a declaration from the supervising lawyer, containing the lawyer’s bar number, business address, telephone number, and email address, acknowledging the duties imposed by this Rule; (2) a declaration from the legal intern, demonstrating the legal intern fulfills the criteria set forth in Rule 7.2(a) of this Rule; and (3) a signed oath administered as set forth in Rule 7.9 of this Rule. Authority to practice under this Rule shall commence the day after the filing date of the last document filed. There is no case or proceeding generated before the supreme court by filing the documents required under Rule 7.3(a). (b) The supervising lawyer must inform the client that the legal intern is performing supervised work for the client and obtain the client’s signed, written consent to the legal intern’s supervised work. Exclusively in the case of a government office or agency, or a state or local political subdivision, the consenting “client” would be the relevant attorney general, executive director, chairperson, chief counsel, or prosecuting attorney. (Amended January 29, 2025, effective January 29, 2025.) 7.4. Appearances by legal interns. (a) A legal intern may appear in any court or administrative tribunal in this state in which a licensed attorney may appear, including related discovery events, on behalf of a client, provided that the client’s written consent, with the signature of the supervising lawyer, is filed in the record of the court or administrative tribunal before or at the time of the legal intern’s first appearance in a matter. For legal interns who are employed by the office of the prosecuting attorney, an appearance on the record with the supervising lawyer that is reflected in the court minutes shall satisfy the requirements of this subsection (a). (b) Unless prohibited by statute or ordinance, a legal intern may also appear in any matter on behalf of the United States, the State of Hawaiʻi, or any state political subdivision, subject to the requirements of subsection (a) of this section. (Amended January 29, 2025, effective January 29, 2025.) 7.5. Permissible legal intern activities. Any legal intern with the knowledge and approval of a supervising lawyer and the client may also engage in the following activities: (1) Counsel and advise clients, interview and investigate witnesses, negotiate the settlement of claims, pursue or oppose relief by procedural motion, as well as prepare and draft legal instruments, pleadings, briefs, abstracts and other documents. Any document requiring signature of counsel, and any settlement or compromise of a claim, however, must be signed by the supervising lawyer; and (2) Render assistance to clients who are inmates of penal institutions or other clients who request such assistance in preparing applications and supporting documents for post-conviction legal remedies. (Amended January 29, 2025, effective January 29, 2025.) 7.6. Duration of legal intern authorization and compensation limitations. (a) The legal intern may continue to serve so long as the legal intern is enrolled in a clinical program or is participating in a law practicum as defined by Rule 7.2 of these Rules; authorization to serve shall cease upon any removal of good standing of the supervising lawyer or legal intern or the termination of such enrollment or participation. The supervising lawyer shall file at the supreme court a written notice of any change in the good-standing status of either the supervising lawyer or the legal intern and shall similarly file a written notice of the legal intern’s departure from enrollment in the clinical program or participation in the law practicum. The legal intern may represent a client after graduation if such representation is deemed appropriate by the supervising lawyer, but in no case shall representation under this Rule extend beyond twelve (12) months after the legal intern’s graduation date. (b) A legal intern shall neither ask for nor receive any compensation or remuneration directly from the client for services rendered to a client, but this shall not prevent a supervising lawyer, a law school, or public agency from paying compensation to a legal intern or from making such charges for services as such lawyer, law school, or public agency may otherwise properly require. (Amended January 29, 2025, effective January 29, 2025.) 7.7. Supervision of legal intern practice. The supervising lawyer shall counsel and assist the legal intern who practices law pursuant to this Rule, and shall provide professional guidance in every phase of such practice with special attention to matters of professional responsibility and legal ethics. (Amended January 29, 2025, effective January 29, 2025.) 7.8. Miscellaneous. (a) Disciplinary liability. Legal interns practicing pursuant to this Rule shall be governed by the rules of conduct applicable to lawyers generally, but the termination of practice referred to in Rule 7.6 shall be the exclusive sanction for disciplinary infractions which occur during authorized practice; except that such disciplinary infractions may be considered by a court or agency authorized to entertain applications for admission to the practice of law. Nothing in this provision shall limit the disciplinary liability of the supervising lawyer. (b) Other lawful acts. Nothing contained in this Rule shall affect the right of any person to do anything that person might lawfully do were this Rule not in existence. (c) Immunity. Except for use by an attorney-admission or disciplinary authority or judicial-selection authority of any jurisdiction in which the legal intern is admitted to practice or seeks to practice, information submitted to this court shall be absolutely privileged and no lawsuit predicated thereon may be instituted. Members of this court and the staff performing duties and functions under this Rule shall be immune from suit and liability for any conduct in the course of their official duties. (Amended January 29, 2025, effective January 29, 2025.) 7.9. Oath. A legal intern shall swear the following oath before an individual authorized by law to administer oaths, and shall then submit written proof thereof to the supervising lawyer, for filing with this court, as required by Rule 7.3(a) of this Rule: I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution and laws of the State of Hawaiʻi, and that I will at all times conduct myself in accordance with the Hawaiʻi Rules of Professional Conduct. As an officer of the courts to which I am admitted to practice, I will conduct myself with dignity and civility towards judicial officers, court staff, and my fellow professionals. I will faithfully discharge my duties as a legal intern in the courts of the state to the best of my ability, giving due consideration to the legal needs of those without access to justice. Subscribed and sworn to before me this ____ day of _________________, 20___. ________________________ [NAME OF LEGAL INTERN] __________________________________ [NAME OF OATH-ADMINISTRATOR] _________________ Jurisdiction (Amended December 29, 1980, effective January 1, 1981, renumbered September 1984; further amended October 27, 1989, effective November 1, 1989, subject to transitional orders; further amended February 7, 1992, effective February 7, 1992; further amended July 27, 2023; effective July 27, 2023;further amended January 29, 2025, effective January 29, 2025.)