Professional responsibility pertinent to Student Practice
Be mindful at all times of both formal rules and informal norms of professionalism that will apply to your externship. If you have the slightest concern at any time, you should discuss it with your agency supervisor or the Externship Director. Here are the principal areas of concern for students:
Competence
Keep in mind that a lawyer is professionally responsible to do whatever is necessary to represent clients competently. As an extern, this means you should try to be sure your workload, resources, and supervision are appropriate to meet this responsibility.
Confidentiality
You are governed by the same restrictions on confidentiality that govern lawyers and judges. If you are representing clients, be aware that the prohibition against disclosing confidence of a client extends through the attorney to those who work directly with him or her, including employees, associates, clerical staff, and law students. The attorney-client confidential relationship protects clients who call seeking only advice as well as clients involved in protracted representation. It extends beyond the end of the semester or the termination of the case.
To the extent that you gain knowledge of pending investigations, judicial decisions, or administrative proceedings you have a public responsibility not to jeopardize the justice system.
With respect to matters under investigation, in litigation or pending decision, you may be instructed by your agency supervisor to discuss only matters of public record, meaning papers that are available for public inspection, or proceedings that have occurred in open court. Matters of public record do not include contents of discovery materials, matters of trial strategy, or comments about a judge's ruling, to name a few examples.
Conflicts or Appearance of Conflict
Be sure that your placement supervisor knows of any current or past employment, so that possible conflicts can be avoided.
Office Procedure and Protocol
Become familiar with and strictly adhere to your agency's work rules that protect its competence and professional reputation. These rules will address such matters as:
Student Practice
Always truthfully advise clients or any persons you interact with that you are a law student working under the supervision of an attorney. This will avoid any misconception and protect you from any problems arising from practicing law without a license. For more information about the scope of permitted student practice, consult the State and Federal Student Practice Rules, located via the Student Practice Rules entry in the drop-down menu below.
Competence
Keep in mind that a lawyer is professionally responsible to do whatever is necessary to represent clients competently. As an extern, this means you should try to be sure your workload, resources, and supervision are appropriate to meet this responsibility.
Confidentiality
You are governed by the same restrictions on confidentiality that govern lawyers and judges. If you are representing clients, be aware that the prohibition against disclosing confidence of a client extends through the attorney to those who work directly with him or her, including employees, associates, clerical staff, and law students. The attorney-client confidential relationship protects clients who call seeking only advice as well as clients involved in protracted representation. It extends beyond the end of the semester or the termination of the case.
To the extent that you gain knowledge of pending investigations, judicial decisions, or administrative proceedings you have a public responsibility not to jeopardize the justice system.
With respect to matters under investigation, in litigation or pending decision, you may be instructed by your agency supervisor to discuss only matters of public record, meaning papers that are available for public inspection, or proceedings that have occurred in open court. Matters of public record do not include contents of discovery materials, matters of trial strategy, or comments about a judge's ruling, to name a few examples.
Conflicts or Appearance of Conflict
Be sure that your placement supervisor knows of any current or past employment, so that possible conflicts can be avoided.
Office Procedure and Protocol
Become familiar with and strictly adhere to your agency's work rules that protect its competence and professional reputation. These rules will address such matters as:
- how to notify superiors of your whereabouts (check-in requirements, providing home phone number, etc.);
- where and how files or other important papers must be maintained;
- what work activities to record in the files for future reference;
- what approvals you must obtain for particular pieces of work or proposed activities; and
- what activities are prohibited (such as giving legal advice or making significant decisions or communications with parties or opposing counsel without your supervisor's knowledge).
Student Practice
Always truthfully advise clients or any persons you interact with that you are a law student working under the supervision of an attorney. This will avoid any misconception and protect you from any problems arising from practicing law without a license. For more information about the scope of permitted student practice, consult the State and Federal Student Practice Rules, located via the Student Practice Rules entry in the drop-down menu below.
More Information and Important Links