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, 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 Delaware Volunteer Legal Services, Community Legal Aid Society, Inc., Legal Services Corporation of Delaware, Inc., or with a legal assistance program approved and recognized by the Board.
Conditions and Restrictions
Attorneys are restricted by the following conditions:
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 must also take the oath.
According to Section VIII, Rule 43 of the Delaware Board of Bar Examiners Rules, applications include:
Law school graduates employed or associated with the office of Community Legal Aid Society, Inc. in any administrative tribunal or in any Delaware court, except the Delaware Supreme Court, on behalf of any indigent person, if the client consents in writing. The written consent must be filed in the record and brought to the attention of the judge or administrative tribunal.
Application for Non-Compensated Attorneys
Out-of-state attorneys are required to file a separate form Application.
Attorneys practicing with an approved legal assistance program must file with the Chair of the Board a certification, in a form prescribed by the Board, after November 1 and before November 30 of each year succeeding the year of the attorney’s admission to limited practice.
The certification will state:
The Community Legal Aid Society, Inc. and any legal assistance program approved or recognized by the Board must 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. These activities include 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 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: