The Revised Rules of the Supreme Court of Oklahoma on Legal Internship and Rules for Judicial Legal Internship allow law students and graduates to obtain a limited license to practice law in Oklahoma.
Please also see the Oklahoma Miscellaneous page to view the qualifications for a temporary permit to practice while waiting to take the bar exam or the results of that exam.
Eligibility
Law students must:
- Have successfully completed 50 academic hours in a law school program leading to a J.D. degree. The 50 hours must include courses in Professional Responsibility, Evidence, and Civil Procedure I & II.
- Have a graduating grade point average.
- Have approval of his or her law school Dean.
- Have registered and been accepted as a law student with the Board of Bar Examiners of the Oklahoma Bar Association. Students from outside of Oklahoma who are attending law school in Oklahoma are exempt from registering as a law student upon a satisfactory showing of similar registration and approval in a state whose standards for admission are at least as high as those for Oklahoma. The determination of equivalence of standards is to be made by the Legal Internship Committee.
- Be a regularly enrolled student at a law school located in Oklahoma.
Law school graduates must meet all of the requirements to take the Oklahoma bar exam.
Law School Internship Programs
Law schools may create internship-training programs as part of its regular curriculum which use legal interns licensed by the Oklahoma Supreme Court. The programs may be directly supervised by the faculty of the law school or be directly supervised by practicing attorneys with indirect supervision through the faculty of the law school.
Each law school is responsible for the creation of its own criteria for the establishment of a legal internship program. The law school may impose requirements more stringent than the Legal Intern rules, but the program must meet the minimum criteria including:
- All internship programs must be directed toward assuring the maximum participation of in-court practice by the legal intern.
- The law school must create a reporting system where the legal intern reports activities on at least a monthly basis. The legal intern and the supervising attorney must sign the reports on the forms established by the law school. The report will include a statement by the supervising attorney that the legal intern completed the number of in-court practice hours reported.
- The law school must require the termination of the legal intern in the program of his or her transfer to another supervising attorney if the in-court practice requirement is not maintained or the requirements of the law school internship program are not satisfactorily met.
Practice
A limited license allows a legal intern to appear and participate in Oklahoma before any court of record, municipal court, or administrative agency. The legal intern is subject to all rules applicable to attorneys who appear before the particular court or agency.
Legal interns may participate in:
- Criminal Matters. If a prosecutor employs the legal intern, the supervising attorney must be present in court for any jury trial in either a felony or misdemeanor case, a non-jury trial in a felony case, and does not need to be present in any other situations.
If a defense attorney employs the legal intern, the supervising attorney must be present in district court or in municipal court at all stages of a felony case, at a jury trial of either a felony or misdemeanor case, at all stages of a misdemeanor case when a second conviction for the same crime constitutes a felony under Oklahoma law, and in all other situations the supervising attorney does not need to be present in district court or municipal court.
- Civil Matters. In civil matters where the controversy does not exceed $5,000 exclusive of costs and attorneys fees, the legal intern may appear at all stages without the supervising attorney’s presence.
When the controversy exceeds $5,000, the legal intern may appear without the supervising attorney’s presence in the following situations:
- Waiver, default, or uncontested divorces.
- Friendly suits including settlement of tort claims.
- To make an announcement on behalf of a supervising attorney.
- Ex-parte matters, such as temporary orders in divorce cases, restraining orders, temporary injunctions, etc.
- Civil motion dockets, provided that a legal intern may prosecute but not defend motions and/or pleadings that may or could be the ultimate or final disposition of the cause of action.
- Prosecute or defend contested motions to modify child support orders or decrees except when a change of custody of minor child is involved.
- Depositions.
In all other civil legal matters, including but not limited to probate, contested divorces and adoption proceedings, the legal intern may only appear when accompanied by and under the supervision of an approved supervising attorney.
- Juvenile Matters. A supervising attorney must be present in court during:
- Bench and jury trials.
- Prospective merit and probable cause hearings.
- Show cause appeals.
- Review hearings.
- Show cause hearing when the intern is representing the parent or child.
The supervising attorney does not need to be present in court during:
- The presentation of a plea agreement if the attorney has signed the agreement.
- Bond and/or detention hearings.
- Arraignment hearings.
- Show cause hearings when the intern is representing the state of Oklahoma.
- Appellate Matters. In all appellate matters, criminal or civil, the legal intern may appear before the court only when accompanied by, and under the supervision of, an approved supervising attorney.
Before a legal intern may act on behalf of a client, the supervising attorney must obtain permission from the client. The permission must be shown in the following manner:
- Criminal Matter. In a criminal prosecution where confinement is a possible punishment, the trial court must interrogate the defendant in open court, prior to the trial in order to determine whether the defendant knows the status of the legal intern, that the legal intern is not a fully accredited lawyer, and that the defendant knowingly and intelligently understands the nature of his right to an attorney.The defendant, knowing this information, must consent to have the legal intern represent him or her. A record must be made of the questions asked and the answers given. The supervising attorney must file an authorization signed by the supervising attorney, the legal intern, and the defendant authorizing the legal intern to represent the defendant in the case. The rules contain a form under Exhibit A.
- Civil Matter. In a civil case, the legal intern must prepare and have the client and his or her supervising attorney sign an affidavit that recites that the supervising attorney has explained the status of the legal intern to the client and that the client consents to representation by the legal intern. The rules contain a form under Exhibit B.
The original of this affidavit must be filed in the trial court record when the intern first makes an appearance in the proceeding and a copy must be mailed to all parties in the case. When the supervising attorney-client relationship is a continuing one, one affidavit is sufficient and copies of the original may be filed in the later cases as appropriate.
All actions must be under the direction and supervision of an approved supervising attorney. Legal interns cannot assume the responsibility of representation without reviewing the procedure and consequences of each particular case with the supervising attorney. Legal interns cannot sign any pleading, motion, or brief unless the document is co-signed by the legal intern’s supervising attorney. A legal intern cannot represent himself or herself as an attorney but will be identified as a legal intern in all written or oral communications.
Legal interns who are working for a practicing attorney, district attorney, municipal attorney, attorney general, or state governmental agency must have at least eight hours per month of in-court practice experience. The experience may be obtained by actual in-court participation by the legal intern or by actually observing the supervising attorney or other qualified substitute supervising attorney in courtroom practice.
Legal interns cannot charge for their services. The supervising attorney may charge fees for the intern’s services. The supervising attorney is entitled to be awarded attorneys fees for the services rendered by the legal intern in those cases where the awarding of attorney’s fees is provided by law. The supervising attorney or agency may compensate the legal intern for work done, but the legal intern is considered a non-lawyer for the purpose of any disciplinary rule governing the division of legal fees.
Supervising Attorneys
Supervising attorneys must:
- Be an active member of the Oklahoma Bar Association.
- Be actively engaged in the practice of law for at least five years. If the supervising attorney is a staff member of a recognized legal aid program, public defender program, district attorney office, municipal attorney office, the Oklahoma Attorney General, or office of any other government agency, that attorney must have been actively engaged in the practice of law for at least one year. There is no minimum length of practice requirement for an attorney in approved law school internship programs.
- Cannot have a formal complaint pending pursuant to Rule 6 of the Rules Governing Disciplinary Proceedings. If a proposed supervising attorney is denied for this reason, he or she may appeal to the Professional Responsibility Commission of the Oklahoma Bar Association.
- Initially file an affidavit with the Executive Director of the Oklahoma Bar Association acknowledging the responsibilities of a supervising attorney and accepting the requirements of the Legal Internship Rules.
Supervising attorneys are responsible for:
- Providing every opportunity for the legal intern to participate or observe courtroom experience.
- Supervising and counseling the legal intern on all legal matters assigned to the legal intern, to insure proper preparation, and quality representation by the legal intern.
- Advising the client of the status of the legal intern and the nature of the limited license prior to obtaining the written consent of the client to the legal intern’s representation.
- Assuming personal professional responsibility for the legal work performed by the legal intern under his or her supervision.
- Reading and understanding these Rules on Legal Internship and specifically discuss with the legal intern the limitations placed on the limited license by these rules.
- Providing practical training in trial advocacy and professional ethics to the legal intern.
- Cooperating with the legal intern’s law school as any reporting or evaluation requirements of the approved internship practice program.
- Agreeing to assist in the administration of the Legal Internship Rules by serving as a reviewing panelist or other capacity as may be requested on the Legal Internship Committee.
Legal interns may only have one supervising attorney. However, another attorney may appear with a legal intern as a substitute supervising attorney if that attorney meets all requirements to become a supervising attorney except that he or she does not need to file the initial affidavit or be on the list of approved supervising attorneys.
Substitute supervising attorneys must:
- Be a member of the same law firm as the supervising attorney; or
- Be an attorney in another law firm or a sole practitioner in an office sharing arrangement with the supervising attorney and the supervising attorney must enter his or her appearance as co-counsel in each case where the legal intern uses the limited license.
A legal intern may change his or her supervising attorney. The intern must file a change of supervisor form as provided by the Legal Internship Committee with the Executive Director of the Oklahoma Bar Association and pay the appropriate fee as required by Rule 10 ($10). The legal intern cannot use the limited license under the new supervising attorney until the legal intern receives notice from the Oklahoma Bar Association that the new supervising attorney is approved.
Attorneys cannot supervise more than three legal interns at one time. The requirement does not apply to any attorney who is a staff member of a recognized legal aid program, public defender program, district attorney office, municipal attorney office, attorney general’s office, or an approved law school internship program.
The Legal Internship Committee will terminate its approval of any supervising attorney when:
- The eligibility requirements are no longer met; or
- Good cause is shown. This includes, but is not limited to, failure to require the legal intern to meet the monthly in-court practice requirement.
- Before termination, the supervising attorney will be provided notice and the opportunity for a hearing before the Legal Internship Committee where the attorney is required to show cause why approval should not be terminated. The Legal Internship Committee’s decision is final with no right to appeal.
Application and Certification
Applicants must prove they are knowledgeable of the Legal Internship Rules and Professional Responsibility Rules. The Oklahoma City University School of Law has a good synopsis of the application requirement.
Law student applicants must pass an oral or written exam over the Legal Internship Rules and professional responsibility. If a written exam is given, the Legal Internship Committee will prepare the exam and/or it will be the Multistate Professional Responsibility Exam. If an oral exam is given, the student must be approved by a three member panel of supervising attorneys or other attorneys who are appointed by the Legal Internship Committee to review law student applications. Two members of the panel may perform any act of the panel.
Law students and graduates must:
- Application. File an Application form provided by the Executive Director of the Oklahoma Bar Association.
- Submit a Law School Certificate. The student’s law school must certify the student has completed sufficient academic hours to comply with the eligibility requirements and that the student has a graduating grade point average. The law school Dean must also provide a letter stating that in his or her opinion the student is aware of the professional responsibility obligations connected with a limited license and that the applicant is capable of properly handling the obligations placed on the student through a limited license.
- Law school graduates must request that his or her law school provide a certificate that the student has graduated and attach the certificate to the application.
- Supervising Attorney Form. Applicants must provide the supervising attorney form that certifies that the supervising attorney:
- Will employ the applicant under his or her direct supervision.
- Recommends the applicant for a limited license.
- Has read and understands the Legal Internship Rules.
- Agrees to provide the opportunity for the applicant to obtain the required number of monthly in-court practice hours.
- Law student applicants may take the Legal Internship Exam without filing the Supervising Attorney Form but may not be sworn in as a legal intern until the Supervising Attorney Form is filed and approved.
- Enrollment Form. The law student applicant must provide proof that he or she is enrolled in an approved law school internship program.
- Application Fee. The fee is $50.
Termination
The limited license terminates when:
- A legal intern’s cumulative grade point average falls below the graduating grade point average.
- A legal intern no longer is working for an approved supervising attorney.
- A legal intern has passed the first bar exam given after law school graduation and is administered the oath by the Oklahoma Supreme Court admitting the intern as a practicing attorney.
- A legal intern has not finished requirements for law school graduation within 24 months following being sworn in as a legal intern. Upon an application and good cause shown, the Legal Internship Committee or the Oklahoma Supreme Court reviewing panel may extend the term of the limited license for a period that cannot exceed one year.
- For any reason a legal intern is no longer enrolled in an approved law school internship program without having completed the requirements for graduation. A legal intern does not need to be enrolled in a course for summer session or vacation periods.
- A legal intern does not pass or fails to take the Oklahoma bar exam immediately following graduation from law school. Legal interns may petition for reinstatement after failing the bar exam by showing good cause and filing an appropriate law graduate application with the Executive Director of the Oklahoma Bar Association. The Supreme Court Reviewing panel hears the reinstatement petitions.
Legal interns may avoid termination and inactivate the limited license by notifying the Executive Director of the Oklahoma Bar Association in writing of the inactive status. The license can then be reactivated in a future semester or upon graduation by filing a notice to reactivate and filing a new Supervising Attorney Form.
The Legal Internship Committee may revoke the limited license for good cause after notice and a hearing.