Rule II (The Limited Practice of Law by a Legal Intern)of the Supreme Court Rules for the Government of the Bar of Ohio allows law students to practice in Ohio on a limited basis under a legal intern certificate.
Eligibility
Law students must:
- Be enrolled in an ABA approved law school.
- Have received at least two-thirds of the total hourly academic credits required for graduation.
- Be approved for a legal intern certificate by the law school Dean.
- Have read and agree to be bound by the student practice rule, Gov. Bar R. IV (Professional Responsibility), and the Ohio Rules of Professional Conduct as adopted by the Ohio Supreme Court.
Practice
Legal interns may represent:
- Any person who qualifies for legal services at a law school clinic, legal aid bureau, public defender’s office, or other legal services organization that provides legal assistance primarily to financially needy individuals. The client must consent in writing to the legal intern’s representation.
- The state of Ohio or any municipal corporation. The official charged with the responsibility of handling or prosecuting the matters or cases that are referred to the legal intern must consent to the representation.
Any entity supervising a legal intern must provide professional liability insurance coverage for the legal intern.
Legal interns may provide representation in civil and administrative actions, misdemeanor and felony cases, or juvenile matters. The juvenile matters include those involving an alleged offense that would be a felony committed by an adult.
Legal interns cannot appear before any court or administrative board or agency in the absence of a supervising attorney, unless the supervising attorney and the client consent in writing or on the record, and the judge or hearing officer approves the absence of the supervising attorney.
When representing a criminal defendant or juvenile charged with a felony of the fourth or fifth degree, the supervising attorney must be present throughout all court proceedings. When representing a criminal defendant or juvenile charged with a felony of the first, second, or third degree, the supervising attorney must act as co-counsel throughout all court proceedings.
Legal interns preparing and signing, in whole or in part, any correspondence, legal documents, pleadings, or other papers will include the designation “legal intern” following the signature.
Legal interns cannot ask for or receive any compensation or remuneration of any kind from a financially needy client. Law school clinics, legal aid bureaus, public defender’s offices, or other legal services organizations may be awarded attorney fees for services rendered by the legal intern that are consistent with the Ohio Rules of Professional Conduct and as provided by law and may also pay compensation to the legal intern.
Supervising Attorneys
A “supervising attorney” means an attorney who:
- Has been admitted to practice law in Ohio through Gov. Bar R. I (Bar Exam) or temporarily certified through Gov. Bar R. IX (Admission on Motion).
- Is in good standing in each jurisdiction where the attorney is admitted to practice law.
- Is employed by or associated with a law school clinic, legal aid bureau, public defender’s office, or other legal services organization that provides legal assistance primarily to financially needy individuals, or is responsible for handling civil cases or prosecuting criminal cases for the state of Ohio or a municipal corporation.
Supervising attorneys must:
- Assume professional responsibility for each case, client, or matter assigned to the legal intern by that supervising attorney.
- Read and cosign all correspondence, legal documents, pleadings, and other papers prepared, in whole or in part, by the legal intern relating to any matter assigned to the legal intern by that supervising attorney.
- In any matter before a court or administrative board or agency where a legal intern participates upon assignment by the supervising attorney, the supervising attorney must ensure that the judge, referee, magistrate, or hearing officer is informed of the legal intern’s status as a legal intern and must be present with the legal intern in court or before the administrative board or agency, unless otherwise provided.
The supervising attorney shall provide the legal intern with the opportunity to engage in and observe the practice of law, shall discuss and counsel the intern regarding matters of professional responsibility that arise, and shall train and supervise the legal intern on matters assigned to the intern by that supervising attorney to the extent necessary to properly protect the interests of the client and to properly advance and promote the intern’s training. The supervising attorney shall cooperate with the legal intern’s law school on any reporting or evaluation requirements regarding an award of academic credit to the legal intern.
Application and Certification
Applicants are required to file an Application with the Office of the Bar Admissions of the Ohio Supreme Court. The application must be on forms provided by Office of Bar Admission. The application includes:
- A law school Dean certificate where the applicant is enrolled that certifies:
- The applicant is enrolled at an ABA approved law school and has received two-thirds of the total hourly academic credits required for graduation.
- That the Dean does not have knowledge of any information that would cause the Dean to doubt the applicant’s character, fitness, and moral qualifications to practice law.
- A certificate from the supervising attorney certifying that the supervising attorney will perform all duties required by Section 7 of the student practice rules.
- A written oath, signed by the applicant, swearing or affirming that the applicant has read and agrees to be bound by the student practice rule, Gov. Bar R. IV, and the Ohio Rules of Professional Conduct as adopted by the Ohio Supreme Court.
- Payment of the $25 fee.
Termination
The legal intern certificate automatically expires upon the occurrence of one of the following events:
- On the date prior to graduation, the legal intern is no longer enrolled in an ABA approved law school.
- On the date the legal intern graduates from law school, if the legal intern has not applied to take the first Ohio bar exam following graduation.
- On the Monday after distribution of the results of the first Ohio bar exam following the legal intern’s graduation from law school. If the legal intern passes that bar exam, the certificate continues in effect until the legal intern is admitted to the practice of law in Ohio so long as the legal intern is admitted to practice within 12 months following the bar exam. If not admitted within 12 months, the certificate expires.
The legal intern certificate may also be revoked prior to expiration and without a hearing or statement of cause if:
- The Ohio Supreme Court, sua sponte, notifies the legal intern, the supervising attorney, and the law school Dean.
- The law school Dean provides written notification to the Office of Bar Admission and to the intern. The Dean shall promptly revoke the certificate if the legal intern ceases to meet all of the academic and ethical standards of the law school.
Upon revocation, the legal intern must promptly return the certificate to the Office of Bar Admission. A legal intern certificate that expires or is revoked cannot be renewed or reissued.