Skip Page LinksWelcome to Washington State Courts
Courts Home> Court Rules
 
	
                              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.]
	

Click here to view in a PDF.

 
 
Courts | Organizations | News | Opinions | Rules | Forms | Directory | Library 
Back to Top | Privacy and Disclaimer Notices