D. Mass. L.R. 83.5.4

(a) Generally. A qualified law student may appear and practice in this court as set forth in this

rule.

(b) Academic and Character Requirements.

(1) Generally. In order to appear and practice in this court, a student must:

(A) be a third-year law student, or equivalent, at an ABA-accredited law school;

(B) have successfully completed a course for credit, or be currently enrolled in

a course for credit, in evidence or trial practice; and

(C) otherwise have the appropriate character, legal ability, and training, as

certified by the dean of the student’s law school as set forth in this rule.

(2) Criminal Cases. A student may not appear in a criminal case unless the student has

also successfully completed a course for credit in criminal procedure.

(3) Civil Cases. A student may not appear in a civil case unless the student has also

successfully completed a course for credit in civil procedure.

(4) Second-Year Students in Clinical Programs. Notwithstanding the requirements of

subsection (b)(1)(A) of this rule, a second-year law student, or equivalent, at an

accredited law school may appear in a civil case if the student is currently enrolled

in a law school clinical instruction program.

(c) Certification Requirements. No student may practice under this rule until the following

requirements have been met.

(1) Certification by Student. The student must sign a written certification that the

student has read and will abide by the rules of professional conduct followed by

this court and its local rules.

(2) Certification by Law School Dean. The dean of the student’s law school must sign

a written certification that the academic and character requirements of subsection

(b) of this rule have been met.

(3) Filing with Clerk; Duration. Both certifications must be filed with the clerk. The

certifications shall be in effect, unless withdrawn earlier, in any matter handled by

the student until the date of the student’s graduation from law school.

(d) Cases in Which Qualified Students May Appear. A student who is qualified under this

rule may appear and practice as set forth below.

(1) Representation of Government. A student may represent the United States, or any

department or agency of the United States, or the Commonwealth of Massachusetts,

or any department or agency of the Commonwealth, under the supervision of an

attorney who is duly authorized to represent the government.

(2) Representation of Indigent Criminal Defendants. A student may represent an

indigent defendant in criminal proceedings, if the defendant consents as provided

in subsection (g), under the supervision of an attorney who has been appointed by

the court to represent the defendant.

(3) Representation of Indigent Civil Parties. A student may represent indigent parties

in civil proceedings, if the party consents as provided in subsection (g) of this rule,

under the supervision of:

(A) a member of the district bar appointed by the court to represent the party; or

(B) a member of the district bar employed by a nonprofit program of legal aid

or legal assistance or a law school clinical instruction program.

(e) Requirement of Supervision. A supervising attorney must be in attendance at all times

when a law student is appearing in court or meeting with a client pursuant to this rule.

(f) Requirement of Appearance by Supervising Attorney. A supervising attorney must file

a written appearance in any matter in which a law student appears under this rule.

(g) Requirement of Client Consent. Before performing work for a client, other than the

United States or a department or agency of the United States, the law student must:

(1) disclose to the client the student’s status as a law student;

(2) obtain from the client a signed document in which the client:

(A) acknowledges having been informed of the student’s status; and

(B) authorizes the named student to appear for and represent the client in the

litigation or proceedings identified in the document;

(3) have the document approved by the supervising attorney; and

(4) file the document with the clerk.

(h) No Compensation. No student practicing under this rule may charge or receive any fee or

other compensation from a client. A student may, however, receive a fixed compensation

paid regularly by a governmental agency, legal aid or legal assistance program, or law

school clinical instruction program acting as the employer of the student.

(i) Rules of Professional Conduct. A student practicing under this rule shall comply with the

rules of professional conduct of this court. The failure of a supervising attorney to provide

proper training or supervision may be grounds for sanctions, disciplinary action, or

revocation or restriction of the attorney’s authority to supervise students.

(j) Client Communications. Students practicing under this rule shall be treated as attorneys

for purposes of applying the law and rules concerning attorney-client privilege, attorney

work-product protection, and other rules concerning attorney-client communications.

(k) Acknowledgment of Student Participation. A lawyer may place a student’s name and

law school on a pleading filed under the lawyer’s own name indicating that the law student

rendered assistance in the drafting of the pleading without complying with subsections (b)

though (g) of this rule.