Voglio sapere a riguardo di…

Federal Register / Vol. 86, No. 248 / Thursday, December 30, 2021 / Proposed Rules
khammond on DSKJM1Z7X2PROD with PROPOSALS

jurisdictions that handle a large volume of copyright claims or are geographically close to the Office.
Common eligibility requirements for students include enrollment at an ABAaccredited law school,15 completion of a minimum period of legal studies,16
completion of relevant coursework,17
the partys written consent to the students representation,18 and certification by the students law school dean.19 These jurisdictions also require supervision by an attorney, who must be a member of the bar 20 and generally must assume professional responsibility for the students activity,21 which includes assistance with and approval of the students work.22 The Office believes that some of the provisions discussed above provide appropriate guidance and, as discussed in more detail below, has incorporated many of these requirements into the proposed rule. To make law clinic representation widely available to parties before the CCB, some of the requirements in the proposed rule are slightly more lenient than those imposed by some of the surveyed states.23 However, under the 15 Cal. R. Ct., R. 9.42c1; Ill. Sup. Ct. R.
711a2; Tenn. Sup. Ct. R. 7, sec. 10.03cd; D.C.
Ct. App. R. 48b1; Md. R. 19220a1, b1; Va.
Sup. Ct. R. pt. 6, sec. IV, 15bia.
16 Cal. R. Ct., R. 9.42c1 one full year; N.Y.
Comp. Codes R. & Regs. tit. 22, sec. 805.5f 2017
two semesters; Ill. Sup. Ct. R. 711a1 one-half of the total hourly credits required for graduation;
Tenn. Sup. Ct. R. 10.03d1 one-half of the required curriculum for graduation; D.C. Ct. App.
R. 48b2 one-third of legal studies; Md. R. 19
220c1 one-third of the total credit hours required to complete the law school program; Va.
Sup. Ct. R. pt. 6, sec. IV, 15biia four semesters.
17 Cal. R. Ct., R. 9.42c3 evidence and civil procedure; Va. Sup. Ct. R. pt. 6, sec. IV, 15biii criminal law, professional ethics, evidence, and procedure.
18 N.Y. Comp. Codes R. & Regs. tit. 22, sec.
805.5c 2017; Ill. Sup. Ct. R. 711c; D.C. Ct. App.
R. 48a1; Va. Sup. Ct. R. pt. 6, sec. IV, 15aiii.
19 Ill. Sup. Ct. R. 711e; Tenn. Sup. Ct. R. 7, sec.
10.03d; D.C. Ct. App. R. 48b3; Md. R. 19
220c; Va. Sup. Ct. R. pt. 6, sec. IV, 15biii.
20 Cal. R. Ct., R. 9.42a2; N.Y. Comp. Codes R.
& Regs. tit. 22, sec. 805.5e 2017; Ill. Sup. Ct. R.
711c; Tenn. Sup. Ct. R. 7, sec. 10.03h3A; D.C.
Ct. App. R. 48e4; Md. R. 19220a4; Va. Sup.
Ct. R. pt. 6, sec. IV, 15di.
21 Cal. Rules of State Bar R. 3.6B3; N.Y. Comp.
Codes R. & Regs. tit. 22, sec. 805.5e 2017; Tenn.
Sup. Ct. R. 7, sec. 10.03h3C; D.C. Ct. App. R.
48e2; Md. R. 19220d; Va. Sup. Ct. R. pt. 6, sec.
IV, 15dii.
22 Cal. Rules of State Bar R. 3.6B5; N.Y. Comp.
Codes R. & Regs. tit. 22, sec. 805.5e 2017; Tenn.
Sup. Ct. R. 7, sec. 10.03g2, h3C; D.C. Ct.
App. R. 48e3; Md. R. 19220d; Va. Sup. Ct. R.
pt. 6, sec. IV, 15diii.
23 For example, the proposed rule requires that the name of the supervising attorney appear on all documents signed by the law student representative, while some jurisdictions require that the supervising attorney sign all documents. See, e.g., Cal. Rules of State Bar R. 3.6B5; Ill. Sup. Ct.
R. 711c2ii, v; Tenn. Sup. Ct. R. 7, sec.

VerDate Sep<11>2014

17:03 Dec 29, 2021

Jkt 256001

proposed rule, law students still must meet the requirements imposed by the state in which they are certified, if such requirements exceed those established by the proposed rule.
Accordingly, the Office proposes to create a structure for law student representation that encourages both participation by law school clinics and transparency. The proposed rule addresses the threshold eligibility requirements for law students to appear before the CCB; the expectations for practice by law students and their supervising attorneys while participating in CCB proceedings; and the creation of a public directory of clinics that are available to accept clients appearing before the CCB.
A. Law Student Representation Eligibility Requirements The proposed rule permits representation by qualified law students affiliated with qualifying law school clinics. It incorporates the requirements for law student representation provided by the law of the jurisdiction that certifies the student to practice in connection with a law school clinic.
The law student also must meet an appropriate standard of competence,24
by completing the first year of law school study and receiving formal training in either CCB procedures or copyright law. Law student representation before the CCB must be on a pro bono basis.
The proposed rule also sets forth additional requirements for the law student representative and supervising attorneys during the course of 10.03g2; D.C. Ct. App. R. 48d2. The proposed rule also only requires the supervising attorney to accompany the law student representative to hearings on the merits, barring leave, and does not require the supervising attorney to accompany the law student representative to conferences, though some jurisdictions require the supervising attorney to accompany the law student representative to a broader range of appearances before a tribunal. See, e.g., Cal. R. Ct., R. 9.42d2, 3 requiring supervising attorneys presence at depositions and hearings; N.Y. Comp. Codes R. & Regs. tit. 22, sec.
805.5b2, 3, 5, 6 2017 requiring supervising attorneys presence at appearances pertaining to criminal matters and to family and other contested civil actions; Tenn. Sup. Ct. R. 7, sec. 10.03h2
requiring supervising attorneys presence at administrative and adjudicatory proceedings; D.C.
Ct. App. R. 48d1, 3 requiring supervising attorneys presence at appearances before tribunals and at oral arguments, except that the eligible student may appear before the tribunal without the supervising attorneys presence if the matter is not contested and with the tribunals consent; Va. Sup.
Ct. R. pt. 6, sec. IV, 15ai requiring supervising attorneys presence at appearance before courts or administrative tribunals.
24 Model Rules of Profl Conduct R. 1.1 Am. Bar Assn 1983 Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation of a client..

PO 00000

Frm 00002

Fmt 4702

Sfmt 4702

74395

representation before the CCB. Many of these provisions are based on the findings of the state law survey, including that clients must consent in writing to the law students representation and that law student representatives must be supervised by an attorney. Under the proposed rule, supervising attorneys are responsible for confirming law student representatives eligibility under applicable law and CCB regulations. Supervising attorneys are also responsible for overall case management, including ensuring that there is continuity of representation in any active proceedings during law school term transitions.
The proposed rule requires that both the law student representative and the supervising attorney file notices of appearance in the case and notices of withdrawal, including if the identity of either the law student representative or the supervising attorney changes during the course of a proceeding. Law student representatives may not file documents with the CCB without the supervising attorneys knowledge, and the supervising attorney must maintain an account in the CCBs electronic file management system to track the law student representatives filings. Any document signed by the law student representative must include the name of the supervising attorney, and the supervising attorney must accompany the law student representative to hearings on the merits, unless the CCB
grants leave for the law student representative to appear without the supervising attorney. The proposed rule does not require the supervising attorney to accompany the law student representative to conferences.
Under the proposed rule, both supervising attorneys and law student representatives are bound by the CCBs standards of conduct governing parties and their representatives. The supervising attorney has responsibility for the law student representatives actions, and the CCB may hold the supervising attorney responsible for the law student representatives activity.
The Office invites comments on whether the proposed regulations strike a proper balance between ensuring that law student representatives are properly qualified and supervised and minimizing burdens on supervising attorneys or clinics, which could diminish the availability of clinical representation for parties in CCB
proceedings. The Office is particularly interested in any comments concerning whether a law student should have a minimum amount of formal training in copyright law or in appearing before the CCB; whether supervising attorneys
E:FRFM30DEP1.SGM

30DEP1