16-18-2.1 through 16-18-2.10 of the South Dakota Supreme Court Rules allow law students and graduates to practice in South Dakota on a limited basis.
Eligibility
Law students must:
- Be duly enrolled in or a graduate of the school of law of the University of South Dakota or an ABA approved law school.
- Have completed legal studies amounting to at least four semesters (or the equivalent).
Practice
Legal interns may appear in any court or administrative agency in South Dakota. The following restrictions apply:
- Civil Matters. The supervising attorney must certify to the court or the administrative agency, either orally or in writing, that the client has consented to the legal intern’s appearance. The supervising attorney is not required to be personally present in court or before the administrative agency if the supervising attorney, either orally or in writing, certifies that the client consents to the supervising attorney’s absence.
- Criminal or Quasi-Criminal Matters. The client must consent in writing and the supervising attorney must approve in writing for the law student’s appearance, whether or not the defendant has the right to the assignment of counsel under any constitutional provision, statute, or South Dakota or United States Supreme Court rule. The supervising attorney will be personally present throughout the proceedings. In matters where the proceedings do not involve a critical stage, the legal intern may appear in the supervising attorney’s absence and without the required consent and approval if the supervising attorney certifies to the court, either orally or in writing, that the client consents to the supervising attorney’s absence.
- Municipal, County, and State. Legal interns may appear on behalf of a first or second-class municipality, county, or state in any civil, criminal, or quasi-criminal matter under the written approval of the city attorney, state attorney, or attorney general. The practice must be under the supervision of an approving attorney, or deputy or assistant thereof, who has the responsibility as supervising attorney. The approval may before a specific case or matter or may be general for a series or type of cases. The approval may be withdrawn at any time without notice or hearing and without cause. Unless the court orders otherwise, the appearance may be in the absence of the supervising attorney.
- Oral Argument Before the South Dakota Supreme Court. Legal interns may participate in oral arguments before the South Dakota Supreme Court. The supervising attorney must be present and will certify to the court in his or her introduction of the legal intern that the client has approved the practice.
- Additional Practice. Legal interns may engage in other activities, under the general supervision of a supervising attorney, but outside the personal presence of that attorney. The practice includes, but is not limited to, preparing pleadings, abstracts, and other documents in any matter. Any document that requires a signature by rule or statute must be signed by an attorney authorized to practice law in South Dakota. The law school Dean may limit this practice with the certificate.
The court or presiding officer will note any oral certification required by the rules in the record of the case. Any written consents and approvals will be filed in the record and brought to the attention of the judge or presiding officer. A general approval by the city attorney, state attorney, or attorney general will be filed with the clerk of the applicable court and brought to the attention of the judge or presiding officer. A South Dakota lawyer will introduce the law student as a legal intern to the court where the student is appearing.
Law students cannot ask for nor receive any compensation or remuneration of any kind for his or her services from the client. A lawyer, legal aid bureau, law school, public defender agency, or the state may pay compensation to the legal intern and the agency may charge for his or her services.
Supervising Attorney
Supervising attorneys must:
- Be authorized to practice law in South Dakota.
- Assume personal professional responsibility for the conduct of the legal intern.
- Be approved by the law school Dean of the University of South Dakota or by the director of the clinical law program. The approval may be general, have time, scope, or case limitation, or may be on an ad hoc case-by-case basis. The approval may be modified or withdrawn at any time without notice or hearing and without showing case. The approval will be in writing, but may be oral at the option of the Dean for matters relating to the clinical law program.
Application and Certification
The law school Dean must certify the law student as being of good moral character and competent legal ability, and as being adequately trained to perform as a legal intern. The Dean must state the termination date of the certificate. The certificate is filed with the Clerk of the Supreme Court.
Law students must certify in writing that he or she has read and is familiar with the rules of the South Dakota Rules of Professional Conduct, Title 16 (Courts and Judiciary), the provisions of §§ 19-13-2 to 19-13-5 (Attorney-Client Privileges), and agree to govern his or her conduct accordingly. The certification will either be made part of or shall be annexed to the certification of the dean of the law school.
Termination
Unless sooner withdrawn, the law school Dean certificate remains in effect until the expiration date listed on the certificate or until the first bar exam results are announced after the student’s graduation, whichever is earlier. For applicants passing the exam, the certificate remains valid until the student is admitted but cannot exceed three months. Students failing the bar exam may apply to the Dean for an extension until the results of the next bar exam are announced. In no event can the law school Dean certificate remain longer than 18 months after it is filed.
The law school Dean may withdraw the certificate at any time without notice or hearing and without showing cause. The South Dakota Supreme Court may terminate the certificate at any time without notice or hearing and without showing cause.