Applies to: Students
Policy Holder: Dean of Students
Responsible Office: Dean of Students
The Minnesota Board of Bar Examiners administers the Supervised Practice Rules. The Supervised Practice Rules permit law students to practice law on a limited basis. It is the student’s obligation to review and abide by the Supervised Practice Rules. The Administrative Coordinator for Clinics and Externships handles these requests. To be eligible, a student must be currently enrolled, have completed the equivalent of two full semesters of full time study, be in good academic standing (minimum cumulative GPA of 2.2), and be qualified to participate either in a paid or unpaid capacity in a practice placement or clinical program in order to provide legal services to clients as a law student practitioner.
Under the Supervised Practice Rules in Minnesota, there are two circumstances under which students may be certified in Minnesota (students seeking certification from a jurisdiction other than Minnesota should contact the Dean of Students). Eligible students enrolled in a clinic where there may be an opportunity to represent a client will be automatically submitted for certification as a law student practitioner.
A. Student Observer
A student observer may observe any and all professional activities of a member of the bar as part of an academic program or course for academic credit, including client communication. Communication between the client and the student shall be privileged under the same rules that govern attorney-client privilege and work product doctrine, and the presence of a student during communication between the lawyer and the client shall not, standing alone, waive these evidentiary privileges. The request for certification must be made by the law school and filed with the Board of Law Examiners for approval.
The supervising attorney should submit in writing, on firm’s letterhead, a request for a student to become a student observer – if they are eligible. All requests should be sent to Larisa Gehmie, Administrative Coordinator for Externships, for processing.
Certification as a student observer terminates when the course ends, the student withdraws from the course, or the student is placed on academic probation.
B. Law Student Practitioner
A law student practitioner may perform, under the supervision of a supervising lawyer, all functions that a lawyer may perform in representing and appearing on behalf of a client. The request for certification must be made by the law school and filed with the Board of Law Examiners for approval.
The supervising attorney should submit in writing, on firm’s letterhead, a request for a student to become a law student practitioner – if they are eligible. All requests should be sent to Larisa Gehmie, Administrative Coordinator for Externships for processing.
Law student practitioners will initially be certified for one year and may renew certification for a period of 12 months. It is the responsibility of the student to track the expiration date.
C. Supervised Practitioner
Under Minnesota Supervised Practice rules, a supervised practitioner may perform, under the supervision of a supervising lawyer, all functions that a lawyer may perform in representing and appearing on behalf of a client. A law student practitioner may be recertified as a supervised practitioner upon graduation from an ABA accredited law school; and a supervised practitioner may be certified for a period of 18 months from the date of degree conferral. The supervised practitioner must be certified by the dean or designee of the law school as qualified to participate, either in a paid or unpaid capacity, in supervised legal employment or placement to provide legal services to clients as a supervised practitioner.
Eligible student practitioners who wish to be recertified as a supervised practitioner, or recent graduates who wish to be certified upon graduation from law school must submit the following to the Dean of Students (lynn.lemone@mitchellhamline.edu):
- Request for Certification as a Supervised Practitioner Form
- Letter from Supervising Attorney on letterhead, signed by the supervising lawyer, confirming that the individual has reviewed Rule 5.