Two separate rules allow law students to practice in Maine. Rule 90 of the Maine Rules of Civil Procedure allows law students to practice law on a limited basis in Maine on behalf of the state or an approved organization. Rule 56 of the Maine Rules of Criminal Procedure allows law students to practice in Maine criminal courts. Many of the civil rules are incorporated into the criminal rules.
Civil
Eligibility
Law students must:
- Duly enrolled in an ABA law school.
- Have completed at least four semesters of legal studies.
- Be certified by the law school Dean as being of good character and competent legal ability and as being adequately trained to perform as a legal intern and as having met all eligibility requirements.
- Cannot ask for nor receive any compensation or remuneration of any kind from the client. Legal aid bureaus, law schools, or the state may pay compensation to the law student and may charge for its services as may otherwise properly required.
- Certify in writing that the student has read and is familiar with the Maine Bar Rules, the Maine Rules of Civil Procedure, the Maine Rules of Criminal Procedure, the Maine Rules of Appellate Procedure, and the Maine Rules of Evidence.
Practice
Law students may appear in a court or administrative tribunal for any civil action in Maine on behalf of the state, any state agency, or any indigent person receiving legal services through an organization that is approved by the Maine Judicial Court.
Clients must consent in writing to the student’s appearance and the supervising attorney must indicate written approval of the appearance. The written consent and approval will be filed in the record and brought to the attention of the judge or presiding officer.
Law students may also engage in additional activities under the general supervision of a Maine Bar member but outside the supervising attorney’s personal presence. Additional practice includes:
- Preparing pleadings and other documents to be filed in any matter where the student is eligible to appear. The supervising attorney must sign the documents.
- Preparing briefs and other documents to be filed in the Law Court in any matter where the student is eligible to appear. The supervising attorney must sign the documents.
- Participating in oral arguments in the Law Court in any matter where the student is eligible to appear. The supervising attorney must be present.
The documents have to contain the name of the law student who participated in drafting the document. If the student participated in drafting only a portion of the document, that fact may be mentioned.
Supervising Attorney
Supervising attorneys are required to:
- Assume personal professional responsibility for the student’s guidance in any work undertaken and for supervising the quality of the student’s work.
- Assist the student in preparation to the extent the supervising lawyer considers necessary.
Termination
The law school Dean may withdraw authorization at any time without stating the case for withdrawal. The Maine Supreme Judicial Court may terminate authorization without notice or hearing and without showing of cause.
Criminal
Law students may appear in Maine on behalf of the state or any indigent receiving legal services through an approved organization.
Practice
Clients must consent in writing the student’s appearance and the supervising attorney must indicate written approval of the appearance. The written consent and approval will be filed in the record and brought to the attention of the judge or presiding officer.
For any criminal proceeding where the defendant does not have the right to the assignment of counsel under any constitutional provision, statute, or rule, the supervising attorney is not required to be personally present in court if the person on whose behalf the appearance is being made consents to the supervising attorney’s absence.
For any criminal proceeding where the defendant has the right to assignment of counsel, the supervising attorney must be personally present throughout the proceedings and must be fully responsible for the manner in which they are conducted.
For any post-conviction review proceeding, the supervising attorney must be personally present throughout the proceedings and must be fully responsible for the manner in which they are conducted.
When representing the state of Maine, if the defendant has a right to counsel under any constitutional provision, statute, or rule and is represented by counsel in the criminal proceeding, the prosecuting attorney or the authorized representative of the prosecuting attorney is required to be personally present throughout the proceeding and must be fully responsible for the manner in which it is conducted.