Section 13 of the Rules of Admission allows law students and graduates to practice law in Vermont on a limited basis.
Eligibility
Law student interns qualify in one of the following ways:
- The student is pursuing the study of law and is enrolled and in good standing at an approved law school as defined by § 6(h)(2) and has completed the study of law for at least four semesters (or the equivalent); or
- The student has graduated from an approved law school and is in the process of completing the three month period of law office study required by § 6(i)(1) or has completed the three month period of law office study and is awaiting review by the Character and Fitness Committee or admission to the Bar at the next earliest opportunity; or
- The student has completed the three years of law office study required by § 6(g)(1) or one year of law office study required by § 6(j) and is in the process of completing the final year of law school study. Or having completed the law office study, he or she has registered for the next bar exam, is awaiting review by the Character and Fitness Committee, or admission to the Bar at the next earliest opportunity; or
- The attorney is eligible for admission to the Bar through § 7 (Vermont Admission on Motion) or has applied for admission and be in the process of completing the period of three months law office study required by § 7(d). Or having completed the study, be awaiting review by the Character and Fitness Committee, or admission to the Bar at the earliest opportunity.
All legal interns must have satisfactorily completed a course in evidence. For those pursuing the study of law in the office of an attorney, the legal intern must have completed a systematic study of evidence as certified by the attorney who is supervising the law office study.
Legal interns are not eligible if they have sat for the Vermont Essay Exam or the Multistate Bar Exam (“MBE”) and received a grade on either exam but have not, following the second administration of such an exam, obtained a passing grade on all sections of the Vermont Bar Exam (including the Multistate Professional Responsibility Exam (“MPRE”). The Board may waive this limitation for good cause shown.
Legal interns are not eligible if they have been denied admission to the Bar for failure to establish good moral character and fitness.
Practice
Law student interns may appear as legal counsel before the Vermont Supreme Court, Environmental Court, or any Superior, District, Family, or Probate Court. The following Certifications and conditions apply:
- The client’s written consent must be filed with the court.
- The supervising attorney’s written consent is filed with the court.
- The law student intern’s written agreement to be bound in the matter by the Rules of Professional Conduct is filed with the court.
- The court, in its discretion, has granted permission and has not revoked that permission.
- The supervising attorney has filed with the court a certificate that he or she has professional liability insurance that will cover the law student intern’s actions.
Law student interns may prepare documents and may sign motions, petitions, answers, briefs, and other documents in connection with a pending matter. The supervising attorney must sign the documents. Law student interns may conduct any argument, trial, or other hearing in a pending matter.
The supervising attorney, the attorney’s law firm, or other employer may charge the client a legal fee that reflects the intern’s services and may compensate the legal intern. Legal interns are not authorized to engage in fee splitting agreements with the supervising attorney and cannot be directly employed by a client.
Supervising Attorney
Supervising attorneys must:
- Be admitted to practice in Vermont and have been admitted to practice not less than three years prior to the supervision.
- Assume personal professional responsibility for the legal intern’s work.
- Assist the legal intern as needed.
- Introduce the legal intern to the court at his or her first appearance involving a contested matter.
- Appear with the legal intern at all other court appearances, unless the court expressly waives the attorney’s presence requirement and the client’s written consent includes consent to appearances without the supervising attorney’s presence.