Rule 719 of the Rules Relating to Admission of Attorneys allows law students to practice on a limited basis in Kansas. Post J.D. students are also eligible for a legal intern permit if they are enrolled in an L.L.M. program at any ABA approved law school.
Attorneys, agencies, and public bodies must assign an attorney to supervise and be responsible for the legal intern’s activities. Requests for legal interns must be made to the Dean of the respective law schools.
Eligibility
Law students must:
- Be a duly enrolled law student at an ABA approved law school.
- Have completed legal studies amounting to at least 60 hours.
- 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.
Practice
Legal interns may appear in any court or any administrative tribunal in Kansas on behalf on any indigent person. The indigent person has to consent in writing to the appearance and the supervising attorney must provide written approval of the appearance. The written consent and approval will be filed in the record of the case and brought to the attention of the judge or presiding officer. Legal interns are required to file a written entry of appearance in each case and be introduced to the court by an attorney admitted to practice in that court.
Legal interns may participate:
- Civil Cases. In any civil matter, other than domestic matters, where the amount in controversy is less than $1,000. The supervising attorney is not required to be personally present in court if the client expressly consents in writing to the appearance before the court. In all other civil matters, the supervising attorney must be personally present throughout the proceedings and be fully responsible for the manner in which they are conducted.
On behalf of the state or other public body in any civil proceeding provided the supervising attorney is personally present throughout the proceedings and is fully responsible for the manner in which they are conducted.
- Criminal Cases. In any criminal matter where the defendant does not have the right to the assignment of counsel under any constitutional provision, statute, or rule of the court. In such cases, the supervising attorney is not required to be personally present in court if the client expressly consents in writing to the appearance before the court and the court approves the appearance.
In any criminal matter where the defendant has the right to the assignment of counsel, the supervising attorney must be personally present throughout the proceedings and be fully responsible for the manner in which they are conducted.
In any criminal matter on behalf of the state with the written approval of the supervising attorney and court approval.
Legal interns cannot ask for nor receive any compensation or remuneration of any kind from the client. Attorneys, law firms, legal aid bureaus, public defender agencies, or the state, county, or municipality may pay compensation to the legal intern and may charge for the legal intern’s services as otherwise deemed appropriate.
Additional Practice
Law students may engage in additional practice under the general supervision of a Kansas Bar member but outside the attorney’s personal presence. This 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 Kansas appellate courts. The supervising attorney must sign the documents.
- Assisting indigent inmates of penal institutions or other persons who request such assistance in preparing applications for and supporting documents for post-conviction relief, except when the assignment of counsel in the matter is required by any constitutional provision, statute, or rule of the court. If there is an attorney of record, the attorney of record must supervise all such assistance and sign all documents submitted to the court.
- All documents or pleadings must contain the name of the legal intern who participated in drafting the documents.
- Legal interns may not participate in oral arguments in the Kansas Supreme Court or the Kansas Court of Appeals without special permission of the Court.
Supervising Attorneys
Supervising attorneys must be:
- In good standing, regularly engaged in the practice of law in Kansas, whose service as a supervising attorney for the student practice rules is approved by the law school Dean where the student is enrolled.*
- 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 to the extent necessary to assure proper performance of the duties entrusted to the legal intern.
- Have supervision over no more than two legal interns at any one time. This limitation does not apply to full time staff members of recognized state or local legal aid societies as well as county attorney, district attorney, municipal attorney, attorney general or public defender offices.*
*Law professors regularly engaged in the teaching of law at an ABA approved law school, who are licensed to the Kansas Bar, and whose teaching duties include participation in a legal clinic operated as a regular part of the educational program of the law school are exempted from these requirements.
Application
In order to file a written entry of appearance as required, the law student is required to file an Application with the Clerk of the Appellate Courts. Law students must have a complete copy of his or her law school file, including the application for admission, forwarded to the Clerk of the Appellate Courts and pay the appropriate fees. Law students must also certify in writing that he or she has read and will abide by the rules relating to discipline of attorneys and take the applicable oath.
Termination
A law school Dean certificate remains in effect, unless sooner withdrawn, for 18 months after it is filed or until the student’s graduation. The law school Dean certificate may be withdrawn at any time without stating cause and ceases if enrollment ends prior to graduation. The Kansas Supreme Court may terminate the certificate at any time without notice or hearing and without any showing of cause.