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Minnesota Legislature

Office of the Revisor of Statutes

PROFESSIONAL RULES

Student Practice Rules

Rule 3.Student Observation of Professional Activities

Rule 3.01Observation of Professional Activities

An eligible law student may, under the supervision of a member of the bar, observe any and all professional activities of a member of the bar, including client communications. Communications between the client and the student shall be privileged under the same rules that govern the attorney-client privilege and work product doctrine, and the presence of the student during communications between the lawyer and client shall not, standing alone, waive these evidentiary privileges.

The law student's observation must be part of an academic program or a course for academic credit.

(Added effective April 23, 2009.)

Rule 3.02Eligible Law Students

An eligible law student is one who:

(1) is duly enrolled at the time of original certification in a school of law approved by the American Bar Association;

(2) has been certified by the dean or designee of the law school as being of good academic standing;

(3) has signed a statement certifying that the student will maintain the confidentiality that a lawyer is required to maintain under Rule 1.6 of the Minnesota Rules of Professional Conduct; and

(4) has been identified as a student and accepted by the client.

(Added effective April 23, 2009; amended effective August 6, 2013.)

Rule 3.03Certification

Certification of a student by the law school shall be filed with the Board of Law Examiners for approval. Written notification of approval shall be provided to the law school. The certification shall remain in effect for twelve (12) months after the date filed. Law students may be recertified for additional twelve-month periods. Certification shall terminate sooner than twelve (12) months upon the occurrence of the following events:

(1) Certification is withdrawn by the dean by mailing notice to that effect to the law student and the Board of Law Examiners along with the reason(s) for such withdrawal;

(2) Certification is terminated by the Board of Law Examiners by mailing a notice to that effect to the law student and to the dean along with the reason(s) for such termination;

(3) The student does not take the first bar examination following his or her graduation, upon which the certification will terminate on the first day of the exam;

(4) The student takes but fails the bar examination, upon which the certification will terminate upon notice to the dean and the law student of such failure; or

(5) The student takes and passes the bar examination and is admitted to the bar of this court.

(Added effective April 23, 2009; amended effective May 1, 2013.)

Rule 3.04Supervisory Attorney

The attorney who supervises a student under Rule 3 shall:

(1) be a member of the bar of this court;

(2) assume personal professional responsibility for and supervision of the student's conduct;

(3) be present with the student during all interactions with the client; and

(4) report to the law school supervisor for the academic program or course as required by the law school supervisor.

(Added effective April 23, 2009.)

Rule 3.05Miscellaneous

Nothing contained in this rule shall affect the existing rules of this court or the right of any person who is not admitted to practice law to do anything that he or she might lawfully do prior to the adoption of this rule.

(Added effective April 23, 2009; amended effective May 1, 2013; amended effective August 6, 2013.)