APR 9
LEGAL INTERNS
(a) Admission to Limited Practice. Qualified law students,
enrolled law clerks, and graduates of approved law schools may
be admitted to the status of legal intern and be granted a
limited license to engage in the practice of law only as
provided in this rule. To qualify, an applicant must:
(1) Be a student duly enrolled and in good academic
standing at an approved law school with legal studies
completed amounting to not less than two-thirds of a
prescribed 3-year course of study or five-eighths of a
prescribed 4-year course of study, and have the written
approval of the applicants law school dean or a person
designated by such dean; or
(2) Be an enrolled law clerk in compliance with the
provisions of rule 6 with not less than five-eighths of
the prescribed 4-year course of study completed, and have
the written approval of the tutor; or
(3) Make the application before the expiration of 9 months
following graduation from an approved law school, and
submit satisfactory evidence thereof for the Bar
Association; and
(4) Pay such fees as may be set by the Board of Governors
with the approval of the Supreme Court; and
(5) Certify in writing under oath that the applicant has
read, is familiar with, and will abide by, the Rules of
Professional Conduct and this rule.
(b) Procedure. The applicant shall submit an application, for
which no fee shall be required, on a form provided by the Bar
Association, setting forth the applicants qualifications.
(1) The application shall give the name of, and shall be
signed by, the supervising lawyer who, in doing so, shall
assume the responsibilities of supervising lawyer set
forth in this rule if the applicant is granted a limited
license as a legal intern. The supervising lawyer shall be
relieved of such responsibilities upon the termination of
the limited license or at an earlier time if the
supervising lawyer or the applicant gives written notice
to the Bar Association and the Supreme Court requesting
that the supervising lawyer be so relieved. In the latter
event another active member of the Bar Association may be
substituted as such supervising lawyer by giving written
notice of such substitution, signed by the applicant and
by such other active member, to the Bar Association and
the Supreme Court.
(2) Upon receipt of the application, it shall be examined
and evaluated by the Board of Governors which shall
endorse thereon its approval or disapproval and forward
the same to the Supreme Court.
(3) The Supreme Court shall issue or refuse the issuance
of a limited license of a legal intern. The Supreme Courts
decision shall be forwarded to the Bar Association, and
the applicant shall be informed of the Supreme Courts decision.
(c) Scope of Practice. A legal intern shall be authorized to
engage in the limited practice of law, in civil and criminal
matters, only as authorized by the provisions of this rule. A
legal intern shall be subject to the Rules of Professional
Conduct and the Rules for Enforcement of Lawyer Conduct as
adopted by the Supreme Court and to all other laws and rules
governing lawyers admitted to the Bar of this state, and shall
be personally responsible for all services performed as an
intern. Upon recommendation of the Disciplinary Board, a legal
intern may be precluded from sitting for the bar examination or
from being admitted as a member of the Bar Association within
the discretion of the Board of Governors. Any such intern
barred from the bar examination or from recommendation for
admission by the Board of Governors shall have the usual rights
of appeal to the Supreme Court.
(1) A judge may exclude a legal intern from active
participation in a case filed with the court in the
interest of orderly administration of justice or for the
protection of a litigant or witness, and shall thereupon
grant a continuance to secure the attendance of the
supervising lawyer.
(2) No legal intern may receive payment from a client for
the interns services. However, nothing contained herein
shall prevent a legal intern from being paid for services
by the interns employer or to prevent the employer from
making such charges for the service of the legal intern as
may otherwise be proper. A legal intern and the interns
supervising lawyer or a lawyer from the same office shall,
before the intern undertakes to perform any services for a
client, inform the client of the legal interns status.
(3) A legal intern may advise or negotiate on behalf of a
person referred to the intern by the supervising lawyer. A
legal intern may prepare necessary pleadings, motions,
briefs or other documents. It is not necessary in such
instances for the supervising lawyer to be present.
(4) A legal intern may participate in superior court and
Court of Appeals proceedings, including depositions,
provided the supervising lawyer or another lawyer from the
same office is present. Ex parte and agreed orders may be
presented to the court by a legal intern without the
presence of the supervising lawyer or another lawyer from
the same office. An intern may represent the State in
juvenile court in misdemeanor and gross misdemeanor cases
without in-court supervision after a reasonable period of
in-court supervision, which shall not be less than one trial.
(5) Except as otherwise provided in subsection (c)(6), in
courts of limited jurisdiction, a legal intern, only after
participating with the supervising lawyer in at least one
nonjury case, may try nonjury cases in such courts without
the presence of a supervising lawyer and, only after
participating with the supervising lawyer in at least one
jury case, may try jury cases in such courts without the
presence of a supervising lawyer.
(6) Either the supervising lawyer or a lawyer from the
same office shall be present in the representation of a
defendant in all preliminary criminal hearings.
(d) Supervising Lawyer. The supervising lawyer shall be an
active member of the Bar Association in good standing, provided
that if a disciplinary sanction has been imposed upon the
lawyer within the 5 years immediately preceding approval of the
application, the Board of Governors shall have the discretion
to accept or reject the lawyer as a supervising lawyer. The
supervising lawyer shall have been actively engaged in the
practice of law in the State of Washington or elsewhere for at
least 3 years at the time the application is filed.
(1) The supervising lawyer or another lawyer from the same
office shall direct, supervise and review all of the work
of the legal intern and both shall assume personal
professional responsibility for any work undertaken by the
legal intern while under the lawyer's supervision. All
pleadings, motions, briefs, and other documents prepared
by the legal intern shall be reviewed by the supervising
lawyer or a lawyer from the same office as the supervising
lawyer. When a legal intern signs any correspondence or
legal document, the interns signature shall be followed by
the title "legal intern" and, if the document is prepared
for presentation to a court or for filing with the clerk
thereof, the document shall also be signed by the
supervising lawyer or lawyer from the same office as the
supervising lawyer. In any proceeding in which a legal
intern appears before the court, the legal intern must
advise the court of the interns status and the name of the
interns supervising lawyer.
(2) Supervision shall not require that the supervising
lawyer be present in the room while the legal intern is
advising or negotiating on behalf of a person referred to
the intern by the supervising lawyer, or while the legal
intern is preparing the necessary pleadings, motions,
briefs, or other documents.
(3) As a general rule, no supervising lawyer shall have
supervision over more than 1 legal intern at any one time.
However, in the case of (i) recognized institutions of
legal aid, legal assistance, public defender and similar
programs furnishing legal assistance to indigents, or
legal departments of a state, county or municipality, the
supervising lawyer may have supervision over 2 legal
interns at one time, or (ii) a clinical course offered by
an approved law school where such course has been approved
by its dean and is directed by a member of its faculty,
and conducted within institutions or legal departments
described in (i) or the law school, each full-time
clinical supervising lawyer may have supervision over 10
legal interns at one time provided a supervising lawyer
attends all adversarial proceedings conducted by the legal interns.
(4) A lawyer currently acting as a supervising lawyer may
be terminated as a supervising lawyer at the discretion of
the Board of Governors. When an interns supervisor is so
terminated, the intern shall cease performing any services
under this rule and shall cease holding himself or herself
out as a legal intern until written notice of a substitute
supervising lawyer, signed by the intern and by the new
and qualified supervising lawyer, is given to the Bar
Association and to the Supreme Court.
(5) The failure of a supervising lawyer, or lawyer acting
as a supervising lawyer, to provide adequate supervision
or to comply with the duties set forth in this rule shall
be grounds for disciplinary action pursuant to the Rules
for Enforcement of Lawyer Conduct.
(6) For purposes of the attorney-client privilege, an
intern shall be considered a subordinate of the lawyer
providing supervision for the intern.
(7) For purposes of the provisions of this rule which
permit a lawyer from the same office as the supervising
lawyer to sign documents or be present with a legal intern
during court appearances, the lawyer so acting must be one
who meets all of the qualifications for becoming a
supervising lawyer under this rule.
(e) Term of Limited License. A limited license as a legal
intern shall be valid, unless revoked, for a period of not more
than 24 consecutive months, provided that a person shall not
serve as a legal intern more than 12 months after graduation
from law school.
(1) The approval given to a law student by the law school
dean or the dean's designee or to a law clerk by the tutor
may be withdrawn at any time by mailing notice to that
effect to the Clerk of the Supreme Court and to the Bar
Association, and shall be withdrawn if the student ceases
to be duly enrolled as a student prior to graduation or
ceases to be in good academic standing or if the law clerk
ceases to comply with rule 6.
(2) A limited license is granted at the sufferance of the
Supreme Court and may be revoked at any time upon the
courts own motion, or upon the motion of the Board of
Governors, in either case with or without cause.
(3) An intern shall immediately cease performing any
services under this rule and shall cease holding himself
or herself out as a legal intern (i) upon termination for
any reason of the interns limited license under this rule;
or (ii) upon the resignation of the interns supervising
lawyer; or (iii) upon the suspension or termination by the
Board of Governors of the supervising lawyers status as
supervising lawyer; or (iv) upon the withdrawal of
approval of the intern pursuant to this rule.
[Adopted effective Jun 4, 1970; amended effective May 21, 1971;
February 29, 1972; December 31, 1973; December 31, 1976;
January 1, 1977; January 1, 1979; January 1, 1981; November 2, 1981;
September 1, 1984; October 1, 1985; October 11, 1985;
November 29, 1991; September 1, 1994; June 2, 1998; October 1, 2002.]
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