Section 10.03 - Law Student Practice(a)Purpose. The purpose of this section is educational; consequently, its focus is on providing opportunities, whether credit-bearing or not, for students to further their legal training through properly supervised legal practice. Interpretation of this section should be in accordance with its educational goals.(b)Definitions. Throughout this section: (1) the term "approved law school" refers to any law school that has been accredited by the ABA or any law school in the state of Tennessee approved under section 17.01 of this Rule;(2) the term "Experiential Learning Program" shall incorporate the definition in section 10.02(a);(3) the term "director" refers to the director of the law school's Experiential Learning Program that has been approved by the board under section 10.02(b);(4) the term "provide legal services" is to be construed broadly, so as to allow a law student who is admitted under this section to provide any and all services that could be provided by a licensed attorney, subject to supervision as provided in this Rule;(5) the term "person or entity financially unable to afford counsel" includes all persons whom any court could deem eligible for the appointment of counsel, as well as persons and entities unable to reasonably secure legal counsel for the subject matter of the representation, or who can otherwise demonstrate to the satisfaction of the director that they cannot reasonably afford counsel; and(6) the term "governmental agency or agencies" refers to any state, county, municipal or federal government agency, department or entity located in Tennessee.(c)Qualified law student. In order to perform the activities outlined in section 10.03(g), a qualified law student is a student enrolled in an approved law school, except that the student is not required to be enrolled during a summer term or when the school is not in session, certified under section 10.03(d), and approved under section 10.03(e).(d)Certification. The qualified law student shall: (1) be certified by the dean of the law student's law school or the director(A) as having satisfactorily completed not less than one-half of the required curriculum for graduation, computed on an hourly basis;(B) as being in academic good standing at the law school; and(C) as meeting any other requirements the law school places on certification under this Rule; and(2) certify in writing that he or she has read, is familiar with, and will abide by Tennessee Supreme Court Rules 8 and 9.(e)Approval by the Supreme Court.(1) The dean of the law student's law school or the director shall file a request for approval of a qualified law student with the Clerk of the Supreme Court of Tennessee in Nashville on forms and in the format required by the Supreme Court.(2) Upon a showing that the law student is qualified under the provisions of this Rule, the Supreme Court shall issue an order approving the law student to practice.(3) Upon the entry of the order approving a law student to practice under this Rule, the Board shall provide the student with a certificate of registration under this section.(f)Duration of Law Student Practice.(1)Eligibility. A law student's eligibility to provide service under this Rule terminates upon the earlier of:(A) expiration of the approval by the Supreme Court;(B) graduation from law school;(C) receipt by the Clerk of the Supreme Court of the notice set forth in paragraph (f)(3), below that one of the following has occurred: (i) cessation of law school enrollment before graduation;(ii) completion of the experiential learning placement that is the basis for the law student's eligibility; or(iii) upon written notice from the dean of the law student's law school or the director that the law student no longer meets the eligibility requirements under this Rule.(2)Short-term Permission to Engage in Law Student Practice. Qualified law students whose approval to practice has expired under paragraph (f)(1) may participate in a short-term pro bono event as an approved qualified law student, provided that: (A) the qualified law student is approved by the director for the short-term pro bono event;(B) the qualified law student is supervised by an attorney approved by the director;(C) the short-term pro bono event is sponsored by the law school; and(D) the pro bono event is held on consecutive days and does not exceed ten days.(3)Notice Required. Notice of an event of termination of a qualified law student's eligibility under paragraph (f)(1)(C), above shall be promptly provided by the dean of the qualified law student's law school or the director by sending notice to the Clerk of the Supreme Court in Nashville and the Executive Director of the Tennessee Board of Law Examiners.(g)Activities. (1) An approved qualified law student may provide legal services on behalf of any person or entity financially unable to afford counsel or on behalf a governmental agency through: (A) a law school clinical course;(B) governmental agencies as defined in paragraph (b)(6);(C) Office of the Attorney General and Reporter, District Public Defender or District Attorney General;(D) any program funded in whole or in part by Legal Services Corporation; or(E) a non-profit organization that, as part of its mission, provides legal services to persons or entities financially unable to afford counsel.(2) Any pleadings, briefs, abstracts or other documents prepared by a qualified law student acting pursuant to this Rule must contain the name and signature of the qualified law student who participated in drafting it with the accompanying designation, "Qualified Law Student Approved under Tenn. Sup. Ct. R. 7, 10.03" but must also be signed by the supervising attorney (the "supervising attorney") as defined in paragraph (h), below.(3) The rules of law and evidence relating to privileged communications between attorney and client shall govern communications made or received by qualified law students and their clients.(h)Supervision. (1) The qualified law student shall be under the immediate and personal supervision of an attorney who meets the requirements of paragraph (3), below. If the supervising attorney is not teaching in a law school clinic, the attorney must be approved in writing by the dean or director.(2) It is the responsibility of the supervising attorney to ensure that the student is properly supervised and instructed, including compliance with Tenn. Sup. Ct. R. 8, RPC 5.3, and be present for administrative or adjudicatory proceedings; however, it is not necessary that the licensed attorney be personally present when the student engages in other activities such as interviewing, investigation, drafting and negotiation.(3) The supervising attorney must:(A) be a lawyer who is admitted to practice, in active status, and in good standing in Tennessee;(B) have practiced for a minimum of three years;(C) assume professional responsibility for the direct and immediate supervision for the professional work of the qualified law student; and(D) be a full-time employee of an entity identified in paragraph (g)(1)(A)-(E), above, and supervise the qualified law student in connection to that employment.(i)Disciplinary Complaints.(1) In the event a disciplinary complaint is filed based on a qualified law student's participation under these rules, the authority with whom such complaint is filed shall immediately report the same to the dean of the student's law school and the Board of Law Examiners. Upon receipt of notice of a complaint, the dean or director shall provide the Board of Professional Responsibility the name of the supervising attorney for the law student against whom the complaint is filed.(2) By operation of this Rule, a disciplinary complaint against a qualified law student constitutes a complaint against the supervising attorney. The Board of Professional Responsibility shall have jurisdiction over the complaint against both the student and the supervising attorney and, in the discretion of the Board of Professional Responsibility, may refer the complaint against the student to the Office of the Attorney General and Reporter, the Board of Law Examiners, or the law school.(j)Compensation. This Rule does not preclude compensation of a qualified law student when consistent with the law school's academic policies. However, in no event shall the qualified law student be employed or compensated directly by a client for services rendered.Adopted by Order filed and effective 3/29/2019; amended by Order filed and effective 4/26/2019; amended by Order filed and effective 8/6/2020; and as amended by order filed and effective 10/31/2023.