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PA Bulletin, Doc. No. 07-80

THE COURTS

Title 204--JUDICIAL SYSTEM GENERAL PROVISIONS

PART IV.  ADMISSION TO PRACTICE OF LAW

[204 PA. CODE CH. 71]

Amendment of Rules 321 and 322 of the Pennsylvania Bar Admission Rules; No. 406 Supreme Court Rules; Doc. No. 1

[37 Pa.B. 311]
[Saturday, January 20, 2007]

Order

Per Curiam:

   And Now, this 2nd day of January, 2007, Rules 321 and 322 of the Pennsylvania Bar Admission Rules are amended to read as follows.

   To the extent that notice of proposed rulemaking would be required by Pennsylvania Rule of Judicial Administration No. 103 or otherwise, the immediate amendment of Pa.B.A.R. 321 and 322 is hereby found to be required in the interest of justice and efficient administration. This Order shall be processed in accordance with Pennsylvania Rule of Judicial Administration No. 103(b) and the amendment adopted hereby shall be effective immediately.

Annex A

TITLE 204.  JUDICIAL SYSTEM GENERAL PROVISIONS

PART IV.  ADMISSION TO PRACTICE OF LAW

CHAPTER 71.  PENNSYLVANIA BAR ADMISSION RULES

Subchapter C.  RESTRICTED PRACTICE OF LAW

CERTIFIED LEGAL INTERNS

Rule 321.  Requirements for formal participation in legal matters by law students and law school graduates.

   (a)  General rule. The requirements for eligibility for formal participation in legal matters by a law student or law school graduate pursuant to Rule 322 (relating to authorized activities of certified legal interns) are:

   (1)  Enrollment in or graduation from an accredited law school or a law school that has been approved by the Board which has filed and is actively pursuing an application for accreditation with the American Bar Association; [unless the] provided that students who attend or graduated from a law school that is located in a jurisdiction that has a program permitting law students to participate in legal matters, which does not afford students attending law school in Pennsylvania the same privilege or opportunity to formally participate in legal matters as a law student in the jurisdiction as is granted to students attending law school in the jurisdiction, shall not be eligible to participate in legal matters pursuant to Rule 322.

   (2)  Completion of legal studies amounting to at least three semesters, or the equivalent if the law school is on a basis other than the semester basis.

   (3)  Existence and maintenance of certification as prescribed in Subdivision (b) of this rule.

   (4)  Introduction to the judge or [district justice] magisterial district judge before whom the law student or law school graduate is appearing by a member of the bar of this Commonwealth.

   (5)  Absence of a request for or receipt by the law student or law school graduate of compensation or remuneration of any kind for his or her services from the person on whose behalf the law student or law school graduate renders services. This paragraph shall not prevent:

   (i)  An attorney or a law school, legal services program, defender association, or government unit from paying compensation to the law student or law school graduate.

   (ii)  Any person other than the law student or law school graduate from making such charges for services as such person may otherwise properly require.

   (b)  Certification. Only those law students or law school graduates shall be eligible for the benefits of Rule 322 who have been certified by the dean of their law school as being of good character and competent legal ability, and as being adequately trained to perform as a legal intern. The certification shall be made by filing one copy thereof with the Prothonotary. The certification:

   (1)  Shall be in writing on a form prescribed by the Board and shall remain in effect until the expiration of [18] 24 months after it is filed, or until the announcement of the results of the first bar examination following the completion of the study of law by the student or law school graduate, whichever is earlier. In the case of a student or law school graduate who passes that examination, [or who is not required to take an examination,] the certification shall continue in effect until the student or law school graduate is admitted to the bar.

   (2)  May be withdrawn at any time by the dean by filing a notice to that effect with the Prothonotary. It is not necessary that the notice state the cause for withdrawal.

   (3)  May be terminated by the Court at any time without notice or hearing and without any showing of cause.

*      *      *      *      *

Rule 322.  Authorized activities of certified legal interns.

   (a)  General rule. Subject to the restrictions of this subdivision, a certified legal intern may with the approval of a supervising attorney:

   (1)  Appear before any government unit (other than the Supreme, Superior or Commonwealth Courts) in any civil or criminal matter on behalf of any indigent, if the person on whose behalf the legal intern is appearing consents to such appearance. The supervising attorney must be personally present throughout the proceedings where the legal intern is appearing on behalf of the defendant in a criminal matter where the defendant has the right to counsel under any provision of law.

   (2)  Appear in any civil or criminal matter on behalf of the Commonwealth, if the Attorney General (or the prosecuting attorney in the case of a criminal matter) or his or her authorized representative consents to such appearance. The approval of the supervising attorney and the consent of the party represented required by this subdivision shall be in writing and filed of record in the matter and shall be brought to the attention of the judge or [district justice] magisterial district judge or the presiding officer of the other government unit.

   (b)  Preparation of papers. A certified legal intern may engage in other activities, under the general supervision of a member of the bar of this Commonwealth, but outside the personal presence of the attorney, including:

   (1)  Preparation of pleadings and other documents to be filed in any matter in which the legal intern is eligible to appear [or] and in any appeals therefrom in the Supreme, Superior or Commonwealth Courts.

*      *      *      *      *

[Pa.B. Doc. No. 07-80. Filed for public inspection January 19, 2007, 9:00 a.m.]


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