Informal Opinion Number: 990105

QUESTION: Attorney has hired a second year law student to work in Attorney´s office for the summer. May the law student be permitted to take depositions or appear in court under Attorney´s supervision?
ANSWER: If the law student is certified under Missouri Supreme Court Rule 13, the law student may take depositions and appear in court, as permitted under that rule. Attorney should be aware that that rule limits practice by a certified law student to representation of the state and indigent individuals. If the law student is not certified under Missouri Supreme Court Rule 13, the law student may not perform any functions other than those which any other non-lawyer may perform.

Informal Opinions are ethics advisory opinions issued by the Office of Legal Ethics Counsel to members of the Bar about Rule 4 (Rules of Professional Conduct), Rule 5 (Complaints and Proceedings Thereon), and Rule 6 (Fees to Practice Law) pursuant to Missouri Supreme Court Rule 5.30(c). Written summaries of select Informal Opinions are published for informational purposes as determined by the Advisory Committee of the Supreme Court of Missouri pursuant to Rule 5.30(c). Informal opinion summaries are advisory in nature and are not binding. These opinions are published as an educational service and do not constitute legal advice.

To request an Informal Opinion, please visit: https://mo-legal-ethics.org/for lawyers/requesting-an-informal-advisory-opinion/.

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