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AO 24-005

In re: STUDENT PRACTICE / Administrative Order No. 24-005 AMENDED ADMINISTRATIVE ORDER PERMITTING LAW STUDENT PRACTICE

The Court enters this Order, to be referred to as the “Student Practice Order,” to 1) further the goal of improving access to justice by permitting law students participating in accredited law school clinical programs to provide legal services to parties in need in bankruptcy cases and proceedings, and 2) encourage law schools to provide clinical instruction in bankruptcy law for the purpose of enhancing the competence of lawyers in practice before the United States Bankruptcy Courts. For the reasons set forth, IT IS ORDERED: A. Student Requirements. 1. A law student (”Student”) may participate in a trial or hearing in a bankruptcy case or adversary proceeding with the presiding judge’s consent if the Student: a. is enrolled in good standing in an accredited law school and has completed at least twenty-four (24) semester hours of legal study or the equivalent; b. is enrolled for credit in a law school clinical or externship program; c. is accompanied by an attorney in good standing with the Florida Bar and the bar of this Court (“Supervising Attorney”) who assumes professional responsibility for the Student’s action(s) and the quality of the Student’s work; d. is acting on behalf of an indigent person, a government, or a governmental agency, and agrees that neither the Supervising Attorney nor the Student will ask for or receive compensation from the client for the Student’s services; e. is certified by the Dean of the law school, or the Dean’s designee, as being of good character and sufficient legal ability, and as being adequately trained, in accordance with the requirements of this Order, to fulfill his or her other responsibilities as a Student Lawyer to his or her client, the clinical program, and this Court; and f. certifies in writing that he/she has knowledge of the Rules of 3 Professional Conduct (Chapter 4 of the Rules Regulating The Florida Bar); the Federal Rules of Civil Procedure; the Federal Rules of Evidence; the United States Bankruptcy Code; the Federal Rules of Bankruptcy Procedure; the Local Rules of this Court and of the District Court for the Northern District of Florida; this Court’s Administrative & Standing Orders; and other relevant information on this Court’s website (www.flnb.uscourts.gov). B. Supervising Attorney Requirements. 1. An attorney who supervises an eligible Student shall: a. be a member in good standing of the Florida Bar admitted to practice in this Court; b. be certified by the Dean of the law school, or the Dean’s designee, as being of good character and sufficient legal ability and as being adequately trained to fulfill a Supervising Attorney’s responsibilities; c. assume full personal professional responsibility for the Student’s guidance in any work undertaken and for the quality of a Student’s work, and be available for consultation with represented clients; d. assist and counsel the Student in activities related to cases and adversary proceedings to the extent required for the proper practical training of the Student, for the protection of 4 the client, and for any other reasons the Supervising Attorney considers it necessary; e. be responsible to supplement the oral or written work of the Student as necessary to ensure proper representation of the client; f. be present with the Student at all times in court in all cases and adversary proceedings, and at § 341 meetings, Rule 2004 Examinations and depositions in which testimony is taken; g. co-sign all pleadings or other documents the Student prepares for filing with this Court; h. obtain the client’s approval, in writing, for the Student to appear in the case or adversary proceeding; i. obtain the Court’s approval for the Student to appear in the case or adversary proceeding; j. be certified by the Court as a Supervising Attorney; k. possess a valid log-in and password, issued by this Court, to the CM/ECF database; and l. maintain malpractice insurance unless such insurance or its equivalent is provided by or through the law school clinical program. 2. Prior to commencement of work by a Student pursuant to this 5 Order, the Supervising Attorney shall file a Notice of Appearance as Supervising Attorney and an Application to Approve Student as “Student Lawyer” (“Application”). The Application shall include the following: a. The client’s written approval for the Student to appear in the case or adversary proceeding; and b. The Student’s written certification that he/she has knowledge of the applicable law, rules and standing orders as outlined above. 3. The Supervising Attorney shall also submit a proposed order approving the Application. As soon as practicable after approval of the Application, the Court shall administer a student practice oath to the Student, who shall then be considered a “Student Lawyer.” 4. Once the Court has designated a Student as a “Student Lawyer,” that designation shall remain valid for the duration of the Student’s participation in the clinic without the necessity of the Court administering another oath, barring any further action by the Court vacating or suspending the “Student Lawyer” status. 5. Prior to oral participation by a Student Lawyer in a hearing or trial, the Supervising Attorney shall advise the Court of the scope of participation anticipated on the part of the Student Lawyer. 6 C. Certification of Clinical Program. 1. As soon as practicable after receipt of a written application for certification of a bankruptcy clinic from an accredited Florida law school, the Court shall issue and file with the Clerk a Certification for any clinical program the Court deems qualified to administer and supervise Students and Supervising Attorneys authorized to practice before this Court pursuant to this Order. Any Certification shall remain in effect indefinitely unless revoked by the Court. 2. Certification of a clinical program may be revoked by the Court at the end of any academic year without cause, or at any time for cause, provided notice stating the cause for such revocation is furnished to the law school Dean and clinic supervisor. D. Retention of Jurisdiction. The Court retains jurisdiction to revise or amend practices and procedures permitted in this Order.

DONE and ORDERED on December 20, 2024. KAREN K. SPECIE Chief U.S. Bankruptcy Judgeudent, FSU, law school, Florida State University

File: 
AttachmentSize
PDF icon AO24-005_AmdStudentPracticeOrder.pdf117.61 KB
Judge: 
Specie
Order Date: 
Friday, December 20, 2024
Type: 
Active Administrative Orders