*Federal agency attorneys may be admitted pursuant to the Delaware House Counsel Rules.
Rule 55 of the Delaware Supreme Court Rules, and Section VIII of the Delaware Board of Bar Examiners Rules, allow attorneys admitted to other jurisdictions, and law student graduates from ABA approved law schools at the time the degree was conferred,to obtain limited permission to practice law in Delaware for certain public programs. The limited permission is not admission to the Delaware Bar, but attorneys may practice as if members of the Bar.
Attorneys must be employed or associated with the Delaware Department of Justice, the Office of the City Solicitor of the City of Wilmington, the Office of the Public Defender, the Delaware Office of the Child Advocate, the New Castle County Office of Law, or with a legal assistance program approved and recognized by the Board. Recently adopted Rule 55.3 allows limited permission to practice for certain Assistant United States Attorneys.
Attorneys employed by or associated with the office of the City Solicitor or the City of Wilmington can only practice in misdemeanor cases in the Court of Common Pleas or before a Justice of the Peace, and only under the general supervision of a supervising attorney.
Attorneys employed by or associated with the office of the Delaware Department of Justice can practice in the Superior Court (except for trials in felony cases), in misdemeanor and civil proceedings before the Family Court, and in all proceedings before the Court of Common Please, a Justice of the Peace, and an administrative body of Delaware, only under the general supervision of the supervising attorney.
Conditions and Restrictions
Applications before the Delaware courts and administrative tribunals are made in open court at any session of the court or in the chambers of any Justice of the Court. Applicants are also required to take the oath.
According to Section VIII, Rule 43of the Delaware Board of Bar Examiners Rules, applications include:
The organization is required to file a report with the Board setting forth those persons who are employed by or associated with the organization and are permitted to practice with the organization.
Failure to file the certificate within the time provided results in automatic suspension of permission to practice until further permission is applied for and granted by the Board.
Certification to practice ceases when the attorney is no longer employed or associated with the qualified office or program. A representative of the office or program must file notice of cessation of employment within five days.
The Delaware Supreme Court may terminate certification at any time without notice or hearing or showing of cause.
Law School Graduate Additional Practice
In addition to the practice described above, law school graduates may engage in additional activities under the general supervision of the supervising attorney. This includes the preparation of pleadings and other documents to be filed in any matter in which the person is eligible to appear. The supervising attorney must sign the documents.
According to Section VIII, Rule 45 of the Delaware Board of Bar Examiners Rules, applications for law school graduates must include:
Law school graduates must obtain written approval from their supervising attorneys for their appearances. The written approval must be filed in the record and brought to the attention of the judge or administrative tribunal. The following additional requirements apply:
If the defendant has the right to counsel, the supervising attorney must be personally present in court.
Supervising attorneys must:
Assist the eligible person’s preparation to the extent the supervising attorney considers necessary.