Rule 56, Supreme Court Rules
3rd year student at an accredited law school, certified by Dean, may not accept compensation from client.
Eligible law offices; required supervision:
Attorney General, Public defender, legal aid program “sponsored, approved, or recognized” by the State Board of Bar Examiners, and Child Advocate.
Supervisor must be counsel of record, must be personally present in Family court or Court of Common Pleas unless presence is waived by Court. Supervisor witnesses consent forms, prepares student, and takes professional responsibility.
Permitted scope of practice:
Family, civil, and criminal courts, justices of the peace, Human Relations Commission, in proceedings listed specifically in the Rule (no appellate)
The approval of a student must be initiated by the agency, not the student. To be certified for student practice, Form II (from the law school) and Form III (from the
student) must be submitted to the court. For each case in which a student will appear in court, proof of consent by the client is submitted to the trial judge using Form I, which is signed by the client and by the supervising attorney. These forms are appended to the Rule.
An attorney from the approved agency must sign the student's Supreme Court Oath. The student is then admitted to the limited practice of law by a Justice of the Delaware Supreme Court, and may not practice until the Justice (in person) administers the oath. The sponsoring attorney moves the student's admission as a member of the Delaware Bar (only a Delaware attorney may move the admission of the student). This requirement may not be accomplished by paperwork alone and must be done in open court before a Justice of the highest court in the State of Delaware. NOTE: Students who plan to apply for admission to the Delaware bar should be aware of the experience (years of practice) requirements for a supervisor in order to have the experience count as a pre-admission "clerkship".
For further information, contact Prof. Dana Harrington Conner
The text of the Rule and all forms may be viewed and downloaded from
Rule 56. Admission of Eligible Law Student to limited practice as a legal intern
beginning at page 46