Last updated: 7/31/2012
Procedures For Appearance By Law Students {46G}
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Description
United States Court of Appeals for Veterans Claims 625 Indiana Avenue, NW, Suite 900 Washington, DC 20004 PROCEDURES FOR APPEARANCE BY LAW STUDENTS PURSUANT TO RULE 46(b)(1)(G) OF THE COURT'S RULES OF PRACTICE AND PROCEDURE I. Eligibility. In accordance with Rule 46(b)(1)(G) of the Court's Rules of Practice and Procedure, a law student, with the written consent of the appellant and the attorney of record, who is a member of the bar of the Court, may appear before the Court as the Court may allow. II. Conditions of appearance. A. An eligible student shall: (1) be duly enrolled in a law school approved by the American Bar Association; (2) have completed at least two semesters of legal studies or the equivalent if studies are scheduled on other than a semester basis; (3) be certified, by the dean of the law school in which the law student is enrolled, as being of good character and competent legal ability (Rule 46(b)(1)(G)(cc)); (4) be introduced by the attorney of record in the case; (5) neither ask for nor receive any compensation or remuneration of any kind for his or her services from the person on whose behalf such services are rendered; (6) certify in writing that he or she has read and is familiar with the Model Rules of Professional Conduct adopted by the American Bar Association, the code of professional responsibility or rules of professional conduct in effect in the state or jurisdiction in which the student's law school is located, and with the rules governing practice in the Court; and (7) submit for filing with the Clerk contemporaneously all documents required under the Court's Rule 46(b)(1)(G). B. The attorney of record shall: (1) be a member of the bar of this Court; (2) complete the required certification form; Info Form 46G 7/26/2012 American LegalNet, Inc. www.FormsWorkFlow.com (3) personally assume professional responsibility for the law student's work and for supervising the quality of his or her work; (4) be familiar with the case and prepared to supplement or correct any written or oral statement made by the law student; (5) be present with the law student at oral argument before the Court; and (6) sign all documents filed with the Court. C. The Dean's certification of the law student: (1) shall be submitted for filing with the Clerk of the Court; (2) may be withdrawn by the Court, without notice or hearing and without any cause shown; (3) may be withdrawn at any time by the Dean, upon written notice to the Clerk. D. Upon fulfilling the requirements of Rule 46(b)(1)(G) of the Court's Rules of Practice and Procedure, the law student may: (1) participate in the preparation of briefs and other documents to be filed with the Court (but such documents must be signed by the attorney of record); and (2) participate in oral argument with leave of the Court, but only in the presence of the attorney of record. (Note: Registration for use of CM/ECF is not authorized for law students. All CM/ECF filings must be executed using the supervising attorney's login/password.) III. Limitations. A. Law Student Appearance is not Admission to the Court's Bar. Court authorization for an appearance by a law student, in accordance with Rule 46(b)(1)(G) of the Court's Rules of Practice and Procedure, is not an admission to practice before the Court. Applications for admission to practice before the Court may be submitted pursuant to the Court's Rule 46(a)(1) or (a)(2). B. Restrictions on Practice. If you are an officer or employee of the U. S. Government, or if you are a former federal officer or employee whose service involved matters relating to veterans affairs, 18 U.S.C. § 205 or § 207 may prohibit your appearance before this Court. If you think these laws may apply to you, you should contact your supervising attorney, the attorney of record, and disclose your concerns to the Court. Info Form 46G 7/26/2012 2 American LegalNet, Inc. www.FormsWorkFlow.com THE UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS APPLICATION FOR LAW STUDENT APPEARANCE AND CERTIFICATION Docket Number: _____________________ Case Name:_________________________ I. Name: (Mr.)(Ms.)______________________________________________________________ Law School Mailing Address: ________________________________________________________ _______________________________________________________ _______________________________________________________ Telephone Numbers: (Office)______________________________________________________ (Home or Mobile):_________________________________________________________________ FAX Number:__________________________________________________________________ E-mail Address:_________________________________________________________________ Form 46G 7/26/2012 3 American LegalNet, Inc. www.FormsWorkFlow.com II. Law Student Certification. Docket Number: _____________________ Case Name:_________________________ My signature below certifies that: A. I am enrolled and in good standing at a law school approved by the American Bar Association. (Law School) _______________________________________________________. B. I have completed legal studies amounting to at least two semesters or the equivalent if studies are scheduled on other than a semester basis. C. I have read and am familiar with the Model Rules of Professional Conduct adopted by the American Bar Association, the code of professional responsibility or rules of professional conduct in effect in the state or jurisdiction in which the law school is located, and with the rules governing practice and procedure in the U.S. Court of Appeals for Veterans Claims. See Rule 4 of the Court's Rules of Admission and Practice. D. I have not asked for nor received nor will I ask for or receive compensation or remuneration of any kind directly from the party on whose behalf I am rendering service. I certify under penalty of perjury that the foregoing is true and correct. (28 U.S.C. § 1746). Law Student Signature: __________________________________________________________ Date: ________________________________________________________________________ Name: _______________________________________________________________________ Form 46G 7/26/2012 4 American LegalNet, Inc. www.FormsWorkFlow.com III. Supervising Attorney Certification and Motion. Docket Number: __________________ Case Name: _____________________ I, _______________________, certify that I am a member of the bar of this Court and the attorney of record in the above-referenced case and move to p