Rule 12 of the Wyoming Bar Rules allows law students and graduates to practice law in Wyoming on a limited basis. The practice limitations distinguish between the following categories of law students:
- Law students practicing under a Wyoming Bar member who is not a law school professor.
- Law students practicing under a law school professor at the University of Wyoming.
- Law students practicing on behalf of a Prosecution Assistance Program.
- Individuals engaged in law office study.
Eligibility
An “eligible law student’ is duly enrolled in any ABA accredited law school and is in good standing, including the time period between semesters. Eligible individuals may also be graduate during the time period prior to the results of the first bar exam following graduation. Law students must be certified by the Wyoming Supreme Court, be of good character and competent legal ability, and have satisfactorily completed at least four semesters of legal studies.
Practice (Under a Wyoming Bar Member)
Law students may practice as an intern under the general supervision of an active member of the Wyoming Bar, not including law school professors. “General supervision” means furnishing assistance and exercising direction and control of the student’s legal activities, accompanied by personal and professional responsibility for guidance and the quality of student’s work. “Practice of law” means advising others and taking action for them in matters connected with law. It includes preparing legal instruments and acting or proceeding for another before judges, courts, tribunals, commissioners, boards or other governmental agencies.
The following practice limitations apply:
- The client must consent in writing to the law student’s legal assistance.
- The supervising attorney must be present when the law student appears before any court, tribunal, commission, board or other governmental agency of Wyoming, unless the tribunal waives the presence requirement.
- Supervising attorneys cannot supervise more than three students at one time.
- If the student is an intern, either directly or indirectly, with the public defender, attorney general, legal services corporation, or similar entity, the student must be under the general supervision of a specific lawyer employed by such entity.
Practice (Under a Law Professor of the University of Wyoming)
Law students may practice as an intern and represent indigent persons under the general supervision of law professor who is designated by the Dean of the University of Wyoming School of Law. The following limitations apply:
- The client must consent in writing to the law student’s legal assistance.
- The supervising professor must be present in court in any criminal matter where the indigent client has the right to the assignment of counsel under any constitutional provision, statute, or rule of court. The supervising attorney does not need to be personally present in court in other matters, whether civil or criminal, when the indigent client consents in writing to the law professor’s absence and the court approves the absence.
- The indigent client must meet the income-and-asset criteria within the poverty guidelines of a legal services corporation in Wyoming. The client is required to furnish information relative to such criteria under oath.
- Law students and supervising attorneys cannot ask for nor receive any compensation or remuneration of any kind for the services rendered to the indigent client. Supervising professors may receive their regular pay from the University of Wyoming School of Law.
Practice (Prosecution Assistance Program)
Law students may practice law as an intern under the Prosecution Assistance Program of the University of Wyoming School of Law but only under the general supervision of a member of the Wyoming Bar who is also representing the state, governmental agency, or government subdivision. The following limitations apply:
- The matter involved is a criminal matter or a civil matter relating to a criminal matter, e.g. licensing, etc.
- The supervising attorney must be present in court when the case is being presented to the court, unless the court permits the student to act without the presence of the supervising attorney.
Practice (Law Office Study)
A person studying law in the office of a member of the Wyoming Bar pursuant to W.S. 33-5-105 may engage as an intern in the practice of law under the general supervision of the lawyer. The following limitations apply:
- The student has satisfactorily completed one year of office legal studies as prescribed by the Board and satisfactorily completed two semesters of legal studies (or the equivalent) in an ABA approved law school; or the law student satisfactorily completed two years of office legal studies as prescribed by the Board and is enrolled in the University of Wyoming School of Law.
- The supervising attorney has certified to the Wyoming Supreme Court that the student is in compliance with the above provision and is of good character and competent legal ability.
- The law student has filed an affidavit with the Wyoming Supreme Court as an agreement to comply with the ethical standards established in the Rules of Professional Conduct for Attorneys at Law.
- The client consents in writing to the student’s legal assistance.
- The supervising attorney must be present when the student appears before any court, tribunal, commission, board or other governmental agency of Wyoming, and the tribunal cannot waive the appearance.
- Supervising attorneys cannot supervise more than one student at any one time.
Application and Certification
Law students must file an affidavit with the Wyoming Supreme Court stating that the student will comply with the ethical standards of the Rules of Professional Conduct for Attorneys at Law.
Termination
The law school Dean or supervising attorney under whom a student is studying pursuant to W.S. 33-5-105 may withdraw the certification without cause. The Wyoming Supreme Court may withdraw the certification at any time without hearing or showing of cause.