The Rule on Limited Practice of Law by Law Students of the North Dakota Supreme Court Rules allows graduates and law students to practice in North Dakota on a limited basis. There are separate provisions for graduates and law students.
Law School Graduates
Graduates of any American ABA approved law school, who have made an application for the first North Dakota bar exam following graduation, may perform all acts authorized to be performed by senior law students under the supervision of a member of the North Dakota Bar Association. The supervising attorney must certify to the North Dakota Board of Law Examiners that the graduate is of good character and competent legal ability.
The authorization terminates on the day of the first admission ceremony before the North Dakota Supreme Court after the North Dakota bar exam for which the application is made or 10 months following graduation from law school, whichever occurs first.
Law Students
Eligibility
Law students must:
- Be duly enrolled in the University of North Dakota School of Law or any other law school approved by the ABA.
- Have completed legal studies amounting to at least four semesters (or equivalent) or have completed at least three semesters if the student is currently enrolled in the Clinical Education Program at the University of North Dakota School of Law.
- Be certified by the law school Dean of the University of North Dakota School of Law, or any other ABA approved law school, and a member of the North Dakota Bar Association, as being of good character and competent legal ability, and as being adequately trained to perform as a legal intern.
- Be introduced to the court where the student is appearing by an attorney admitted to practice in that court.
Practice
Law students may appear in any court or before any administrative tribunal in North Dakota on behalf of any person if the person consents in writing to the appearance and the supervising attorney approves the appearance in writing. The judge or administrative tribunal before whom the appearance is made and other counsel of record must be given notice of the appearance.
Law students may appear in:
- Civil Matters. The supervising attorney is not required to be personally present in court.
- Criminal Matters. Any criminal matter where the defendant does not have the right to the assignment of counsel under any constitutional provision, statute, or rule of court. The supervising attorney is not required to be personally present.
Any criminal matter where the defendant has the right to the assignment of counsel under any constitutional provision, statute, or rule of court. The supervising attorney must be personally present throughout the proceedings.
Any criminal matter on behalf of the state of North Dakota with the written approval of the prosecuting attorney who must be personally present throughout the proceeding and is fully responsible for the manner in which they are conducted.
In each case, the written consents and approvals must be filed in the record of the case and brought to the attention of the judge of the court or presiding officer.
Law students may also engage in other activities under the general supervision of a North Dakota Bar member but outside the personal presence of the attorney. The practices include:
- 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, abstracts, and other documents to be filed in appellate courts of North Dakota. The supervising attorney must sign the documents.
- Except when the assignment of counsel is required by any constitutional provision, statute, or rule of the court, law students may assist indigent inmates of correctional institutions or other persons who request assistance in preparing applications for and supporting documents for postconviction relief. If there is an attorney of record, the assistance must be supervised by the attorney of record. The attorney of record must also sign all documents submitted to the court on behalf of the client.
- Participating in oral arguments in appellate courts. The supervising attorney must be present.
Each document or pleading must contain the name of the eligible law student who has participated in drafting the document. If the student participated in drafting only a portion of the document, the fact may be mentioned.
Law students cannot ask for nor receive any compensation or remuneration of any kind from the client. Lawyers, legal aid bureaus, law schools, public defender agencies, and the state may pay compensation to an eligible law student.
Supervising Attorney
Supervising attorneys must:
- Be lawyers who are admitted to practice law in North Dakota and whose services as a supervising attorney are 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 in preparation to the extent the supervising attorney considers necessary.
Application and Certification
The law school Dean and supervising attorney certificates are required to be filed with the Clerk of the North Dakota Supreme Court.
Termination
The certification remains in effect for 18 months after it is filed or until the student’s graduation, whichever is earlier.
The law school Dean may withdraw the certification at any time and does not need to state the cause of withdrawal. The North Dakota Supreme Court may terminate the certificate without notice or hearing and without cause.