Attorneys

(a) Admission. (1) Admission Fee. Upon being admitted to practice, an attorney other than government counsel, and court-appointed counsel, must pay a local admission fee of $50.00 to the clerk. The clerk must maintain the proceeds as a court’s discretionary fund for the reimbursement of expenses of noncompensable court-appointed counsel and such other purposes as the court may order.

This fee is in addition to the national admission fee imposed by the Court of Appeals Miscellaneous Fee Schedule, promulgated under 28 U. S. C. § 1913. Absent a waiver, the admission fee must be paid electronically using the court's Case Management/Electronic Case Files ("CM/ECF") system. Attorneys may be admitted in open court on motion or otherwise as the court shall determine. (2) Admission as a Prerequisite to Practice.

In order to file motions, pleadings or briefs on behalf of a party or participate in oral argument, attorneys must be admitted to the bar of this court and file an appearance form. The appearance of a member of the bar of any court designated in Fed. R. App. P. 46(a) will be entered subject to filing an application and subsequent admission to practice in this court. Forms for admission and entry of appearance will be provided by the clerk. (3) Parties.

A party desiring to appear without counsel shall notify the clerk in writing by completing and filing an entry of appearance on a form approved by the court. (b) Temporary Suspension of Attorneys. When it is shown to the Court of Appeals that any member of its bar has been suspended or disbarred from practice by a final decision issued by any other court of record, or has been found guilty of conduct unbecoming of a member of the bar of this court, the member may be temporarily suspended from representing parties before this court pending the completion of proceedings initiated under Fed. R. App. P. 46 and the Rules of Attorney Disciplinary Enforcement for the Court of Appeals for the First Circuit. (c) Disciplinary Rules.

The Rules of Attorney Disciplinary Enforcement for the Court of Appeals for the First Circuit are on file in the clerk’s office. A copy may be obtained upon request 90 addressed to the clerk of this court. (d) Library Access. The law library of this court shall be open to members of the Bar, to the United States Attorney of the Circuit and their assistants, to other law officers of the government, and persons having a case in this court, but books may be removed only by government employees, who shall sign therefor.

(e) Staff Attorneys and Law Clerks. No one serving as a staff attorney to the court or as a law clerk to a member of this court or employed in any such capacity by this court shall engage in the practice of law while continuing in such position. Nor shall a staff attorney or law clerk after separating from that position practice as an attorney in connection with any case pending in this court during the term of service, or appear at the counsel table or on brief in connection with any case heard during a period of one year following separation from service with the court. (f) Standing Rule Governing Appearance and Argument by Eligible Law Students (1) Scope of Legal Assistance.

(A) An eligible law student with the written consent of an indigent and the indigent’s attorney of record may appear in this court on behalf of that indigent in any case. The attorney of record, for purposes of this paragraph, must be a member of the bar of this court and either appointed as counsel on appeal for the indigent or represent the indigent on a pro bono basis. The written consent must be filed with the clerk. An eligible law student may also appear in this court on behalf of the United States or a State, or agency thereof, provided that the governmental entity on whose behalf the student appears has consented thereto in writing, and that the attorney of record has also indicated in writing approval of that appearance.

The attorney of record must be a member of the bar of this court, and the written consent must be filed with the clerk. (B) An eligible law student may assist in the preparation of briefs and other documents to be filed in this court, but such briefs or documents must be signed by the attorney of record. Names of students participating in the preparation of briefs may, however, be added to the briefs. The law student may also participate in oral argument with leave of the court, but only in the presence of the attorney of record.

The attorney of record must assume personal professional responsibility for the law student’s work and for supervising the quality of the law student’s work. The attorney of record should be familiar with the case and prepared to supplement or correct any written or oral statements made by the student. (2) Student Eligibility Requirements. In order to appear, the student must: (A) Be enrolled in a law school approved by the American Bar Association, or be a recent graduate of such a school, awaiting the first bar examination after the student’s graduation or the result of that examination; 91 (B) Have completed legal studies amounting to at least four (4) semesters, or the equivalent if the school is on some basis other than a semester basis; (C) Be taking, or have taken, a course in appellate advocacy or a course in a supervised clinical program for academic credit; (D) Be certified by the dean of the student's law school as qualified to provide the legal representation permitted by this rule.

This certification, which shall be filed with the clerk, may be withdrawn by the dean at any time by mailing a notice to the clerk or by termination by this court without notice or hearing and without any showing of cause; (E) Neither ask for nor receive any compensation or remuneration of any kind for the student’s services from the person on whose behalf the student renders services, but this shall not prevent an attorney, legal aid bureau, law school, public defender agency, a State, or the United States from paying compensation to the eligible law student; (F) Certify in writing that the student has read and is familiar with the Code of Professional Responsibility of the American Bar Association, the Federal Rules of Appellate Procedure, and the rules of this court. (3) Standards of Supervision. The supervising attorney of record must: (A) File with this court the attorney’s written consent to supervise the student; (B) Assume personal professional responsibility for the student’s work; (C) Assist the student to the extent necessary; (D) Appear with the student in all proceedings before this court and be prepared to supplement any written or oral statement made by the student to this court or opposing counsel. (4) Forms Required by Rule.

(A) Form to be completed by the party for whom the law student is rendering services: I authorize awaiting the first bar examination after the student’s graduation or the results of that examination], to appear in court or at other proceedings on my behalf, and to prepare documents on my behalf. , a [law student] or [recent law school graduate (Date) (Signature of Client) (If more than one client is involved, approvals from each shall be attached. If 92 services are rendered for the United States or agency thereof, the form should be completed by the United States Attorney or authorized representative. are rendered for a State or agency thereof, the form should be completed by the State Attorney General or authorized representative.) If services (B) Form to be completed by the law student’s supervising attorney: I certify that this student [has completed at least 4 semesters of law school work] or [is a recent law school graduate awaiting the first bar examination or the results of that examination], and is, to the best of my knowledge, of good character and competent legal ability. I I will carefully supervise all of this student’s work. authorize this student to appear in court or at other proceedings, and to prepare documents. I will accompany the student at such appearances, sign all documents prepared by the student, assume personal responsibility for the student’s work, and be prepared to supplement, if necessary, any statements made by the student to the court or to opposing counsel.

(Name of Student) (Signature of Supervising Attorney) (Address & Phone of Above) (Address & Phone of Above) Name of Law School (C) Form to be completed by law student: I certify that I [have completed at least 4 semesters of law school work] or [am a recent law school graduate awaiting the first bar examination or the results of that examination]; that I am taking, or have taken, a course in appellate advocacy or a course in a supervised clinical program for academic credit; that I am familiar and will comply with the Code of Professional Responsibility of the American Bar Association, the Federal Rules of Appellate Procedure, and the Rules of this Court; and that I am receiving no compensation from the party on whose behalf I am rendering services (not including any compensation from an attorney, legal aid bureau, law school, public defender agency, a State, or the United States). (Date) (Signature of Student) (D) Form to be completed by Dean: I certify that this student [has completed at least 4 semesters of law school work] or [is a recent law school graduate awaiting the first bar examination or the results of that examination]; is taking, or has taken, a course in appellate advocacy or a course in a supervised clinical program for academic credit; and is qualified to 93 fulfill the responsibilities required by First Circuit Rule 46.0(f). (Name of Student) (Signature of Dean) Name of Law School (Address & Phone of Above) (5) Exceptions. The court retains authority to establish exceptions to these requirements in any individual case.