professional responsibility, student practice, and the clinical
professional responsibility, student practice, and the clinical
professional responsibility, student practice, and the clinical
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GONZAGA LAW REVIEW<br />
[Vol. 26:2<br />
between courts of general jurisdiction <strong>and</strong> limited jurisdiction."<br />
Requirements also vary as to <strong>the</strong> level of experience required of <strong>the</strong><br />
supervising lawyer <strong>and</strong> whe<strong>the</strong>r private <strong>and</strong> public sector lawyers, as well as<br />
law school faculty, are deemed appropriate to fulfill <strong>the</strong> supervising lawyer<br />
role. 26 Washington's Admission to Practice Rule (APR 9) is representative of<br />
more liberal <strong>student</strong> <strong>practice</strong> rules. It allows law <strong>student</strong> "legal interns" who<br />
have completed two-thirds of a three-year course of study 27 to "advise or<br />
negotiate on behalf' of a client <strong>and</strong> "prepare necessary pleadings, motions,<br />
briefs or o<strong>the</strong>r documents" without <strong>the</strong> presence of a supervising lawyer. 28<br />
An intern may participate in Superior Court <strong>and</strong> Court of Appeals<br />
proceedings, including depositions, provided a supervising lawyer is<br />
present. 29 The intern may try jury <strong>and</strong> non-jury cases in courts of limited<br />
jurisdiction without <strong>the</strong> presence of a supervising lawyer only after<br />
participating in one such case with a supervising lawyer. 3 "<br />
APR 9 offers little in <strong>the</strong> way of substantive st<strong>and</strong>ards to guide <strong>the</strong><br />
<strong>clinical</strong> teacher. A supervising lawyer must review all pleadings, motions,<br />
briefs <strong>and</strong> o<strong>the</strong>r documents prepared by <strong>the</strong> legal intern. 31 The lawyer shall<br />
also "assume personal <strong>professional</strong> <strong>responsibility</strong> for any work undertaken by<br />
<strong>the</strong> legal intern while under <strong>the</strong> lawyer's supervision., 32 The failure of a<br />
supervising lawyer to provide "adequate supervision" is grounds for<br />
disciplinary action. 33<br />
Similarly, APR 9 provides few specific or specially tailored <strong>professional</strong><br />
<strong>responsibility</strong> st<strong>and</strong>ards for legal interns. Certification requires that <strong>the</strong><br />
applicant for intern status "has read, is familiar with, <strong>and</strong> will abide by <strong>the</strong><br />
25. Id. at 916-19.<br />
26. Id. at 922-23.<br />
27. WASH. SUP. CT. ADMISSIONS TO PRACTICE Rule 9(a)(1). See also id. at Rule<br />
9(c)(3).<br />
28. Id. at Rule 9(c)(3).<br />
29. Id. at Rule 9(c)(4).<br />
30. Id. at Rule 9(c)(5). However, <strong>the</strong> "supervising lawyer or a lawyer from <strong>the</strong> same<br />
office shall be present in <strong>the</strong> representation of a defendant in all preliminary criminal<br />
hearings." Id. at Rule 9(c)(6).<br />
31. Id. at Rule 9(d)(1).<br />
32. Id.<br />
33. Id. at Rule 9(d)(5).
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