Rule 19-220 - Legal Assistance by Law Students(a)Definitions. As used in this Rule, the following terms have the following meanings: (1)Law School. "Law school means a law school that meets the requirements of Rule 19-201(a)(2).(2)Clinical Program. "Clinical program means a law school program for credit in which a student obtains experience in the operation of the legal system by engaging in the practice of law that is (A) under the direction of a faculty member of the school and (B) in compliance with the applicable American Bar Association standards for clinical programs.(3)Externship. "Externship means a field placement for credit in a government or not-for-profit organization in which a law student obtains experience in the operation of the legal system by engaging in the practice of law, that is (A) under the direction of a faculty member of a law school, (B) in compliance with the applicable American Bar Association standards for study outside the classroom, and (C) not part of a clinical program of a law school.(4)Supervising Attorney. Supervising attorney" means an attorney who has been approved by the dean of the law school in which a law student is enrolled, or by the dean's designee, to supervise the student's practice of law under this Rule and who is either: (A) a member in good standing of the Bar of this State, or (B) an attorney who has been authorized to practice pursuant to Rule 19-218 and who certifies in writing to the Clerk of the Supreme Court that the attorney has read and is familiar with the Maryland Attorneys' Rules of Professional Conduct, as well as the Maryland law and Rules relating to any particular area of law in which the individual intends to practice.Cross reference: See Rule 19-305.1 (5.1) for the responsibilities of a supervising attorney.
(b)Eligibility. A law student enrolled in a clinical program or externship is eligible to engage in the practice of law as provided in this Rule if the student: (1) is enrolled in a law school;(2) has read and is familiar with the Maryland Attorneys' Rules of Professional Conduct and the relevant Maryland Rules of Procedure; and(3) has been certified in accordance with section (c) of this Rule.(c)Certification.(1)Contents and Filing. The dean of the law school shall file the certification of a student with the Clerk of the Court of Appeals Supreme Court. The certification shall be signed by the dean and shall state: (A) the name of the student and the clinical program or externship in which the student is enrolled;(B) that the clinical program or externship is in compliance with the applicable American Bar Association standards and this Rule;(C) that the student is in good academic standing and has successfully completed legal studies in the law school amounting to the equivalent of at least one-third of the total credit hours required to complete the law school program;(D) the effective date of the student's authorization under this Rule; and(E) the expiration date of the student's authorization, which shall be no later than one year after the effective date.Cross reference: The dean may file a certification that lists the names of more than one student.
(2)Attachment If a student will be supervised by a supervising attorney who is not a member of the bar of this State, the dean shall attach to the certification required by subsection (c)(1) of this Rule a written certification of each such supervising attorney in compliance with subsection (a)(4)(B) of this Rule.(3)Withdrawal or Suspension. The dean may withdraw the certification of a student at any time by mailing a notice to that effect to the Clerk of the Supreme Court. The certification shall be suspended automatically upon the issuance of an unfavorable report of the Character Committee made in connection with the student's application for admission to the Bar. Upon any reversal of the unfavorable report, the certification shall be reinstated.(d)Practice. In connection with a clinical program or externship, a law student for whom a certification is in effect may appear in any trial court or the Appellate Court, or before any administrative agency, and may otherwise engage in the practice of law in Maryland, provided that the supervising attorney (1) is satisfied that the student is competent to perform the duties assigned, (2) assumes responsibility for the quality of the student's work, (3) directs and assists the student to the extent necessary, in the supervising attorney's professional judgment, to ensure that the student's participation is effective on behalf of the client the student represents, and (4) accompanies the student when the student appears in court or before an administrative agency. The law student shall neither ask for nor receive personal compensation of any kind for service rendered under this Rule, but may receive academic credit pursuant to the clinical program or externship. This Rule is derived from former Rule 19-217(2018).
Formerly Rule 19-217, adopted June 6, 2016, eff. 7/1/2016. Amended Oct. 10, 2018, eff. 1/1/2019. Renumbered Rule 19-217.1 Dec. 12, 2018, eff. 1/1/2019 until 3/1/2019. Renumbered Rule 19-220 Dec. 4, 2018, eff. 3/1/2019; amended April 21, 2023, eff. 7/1/2023.HISTORICAL NOTES
2018 Orders
The October 10, 2018 order revised the definition of "supervising attorney in subsection (a)(4).
The December 12, 2018 order temporarily renumbered this Rule from Rule 19-217.
The December 4, 2018 order re-numbered this rule from Rule 19-217; and conformed an internal reference.