Minnesota’s Student Practice Rules allow law students to practice law in Minnesota on a limited basis. There are two separate rules. The first rule governs general practice for students that are not enrolled in a law school clinic program. The second rule governs students enrolled in a law school clinical program. The requirements are similar but the Minnesota Office of Professional Responsibility has provided a brief article regarding law student practice for assistance. The article can be found through the search feature of that website. In addition, law students may observe all professional activities of a member of the Minnesota Bar while maintaining the attorney-client privilege.
General Practice – Law Students Not Enrolled in a Law School Clinical Program
Eligibility
Law students must:
- Be duly enrolled in a Minnesota ABA accredited law school. (Law students enrolled in other ABA accredited law schools may petition the Minnesota Supreme Court for certification.)
- Have completed at least two semesters of full-time legal study.
- Have been certified by the state, local, or other government unit or agency, or other organization or persons representing indigents, as being a paid or unpaid intern.
- Be certified by the law school Dean as being of good academic standing.
- Be identified as a law student and accepted by the client.
Practice
Law students may perform all functions that an attorney may perform in representing and appearing on behalf of any state, local, or other government entity or on behalf of indigent clients who are parties in civil actions or who are accused of a crime or petty misdemeanor.
Supervising Attorney
Supervising attorneys must:
- Be members of the Minnesota Bar.
- Assume personal professional responsibility for and supervision of the law student’s work.
- Assist the student to the extent necessary.
- Appear with the student in all trials.
- Appear with the student in all other proceedings unless the attorney deems his or her personal appearance unnecessary to assure proper supervision. This authorization must be made in writing and be available to the judge or other official conducting the proceedings.
Application
The government unit or organization is required to submit in writing to the state’s law school the student’s name and a statement that the student will be properly supervised. The law school then certifies the student is of good academic standing and files the certification with the Minnesota Supreme Court for approval. The Court notifies the law school of the approval.
Termination
The certification remains in effect for 12 months. Students may be recertified for an additional 12-month period.
Termination may occur sooner upon the following events:
- The government unit or organization withdraws the certification by mailing notice with the reasons for withdrawal to the law student, law school, and the Minnesota Supreme Court.
- The Minnesota Supreme Court terminates the notice by mailing a notice with the reasons for withdrawal to the law student, law school, and the government unit or organization.
- The student is placed on academic probation.
- The student does not take the first bar exam following his or her graduation. The certification terminates on the first day of the exam.
- The student fails the bar exam. The certification terminates upon notice to the Dean and law student regarding the failure.
- The student passes the bar exam and is admitted to the practice of law.
Law Students Enrolled in a Law School Clinical Program
Eligibility
Clinical law students must:
- Be duly enrolled in a Minnesota ABA accredited law school. (Law students enrolled in other ABA accredited law schools may petition the
Minnesota Supreme Court for certification.)
- Have completed at least two semesters of full-time legal study.
- Be duly enrolled in a law school clinic program.
- Be certified by the law school Dean as being of good academic standing.
- Be identified as a law student and accepted by the client.
Practice
Law students may perform all functions that an attorney may perform in representing and appearing on behalf of a client.
Supervising Attorney
Supervising attorneys must:
- Be members of the Minnesota Bar.
- Assume personal professional responsibility for and supervision of the law student’s work.
- Assist the student to the extent necessary.
- Appear with the student in all trials.
- Appear with the student in all other proceedings unless the attorney deems his or her personal appearance unnecessary to assure proper
supervision. This authorization must be made in writing and be available to the judge or other official conducting the proceedings.
Application
Certification of the law student must be filed with the Minnesota Supreme Court for approval. Forms can be found at the University of Minnesota’s website.
Termination
The certification remains in effect for 12 months. Students may be recertified for an additional 12-month period.
Termination may occur sooner upon the following events:
- The law school Dean withdraws the certification by mailing notice with the reasons for withdrawal to the law student and the Minnesota Supreme
Court.
- The Minnesota Supreme Court terminates the notice by mailing a notice with the reasons for withdrawal to the law student and law school Dean.
- The student is placed on academic probation.
- The student does not take the first bar exam following his or her graduation. The certification terminates on the first day of the exam.
- The student fails the bar exam. The certification terminates upon notice to the Dean and law student regarding the failure.
- The student passes the bar exam and is admitted to the practice of law.