professional responsibility, student practice, and the clinical

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GONZAGA LAW REVIEW [Vol. 26:2 between courts of general jurisdiction and limited jurisdiction." Requirements also vary as to the level of experience required of the supervising lawyer and whether private and public sector lawyers, as well as law school faculty, are deemed appropriate to fulfill the supervising lawyer role. 26 Washington's Admission to Practice Rule (APR 9) is representative of more liberal student practice rules. It allows law student "legal interns" who have completed two-thirds of a three-year course of study 27 to "advise or negotiate on behalf' of a client and "prepare necessary pleadings, motions, briefs or other documents" without the presence of a supervising lawyer. 28 An intern may participate in Superior Court and Court of Appeals proceedings, including depositions, provided a supervising lawyer is present. 29 The intern may try jury and non-jury cases in courts of limited jurisdiction without the presence of a supervising lawyer only after participating in one such case with a supervising lawyer. 3 " APR 9 offers little in the way of substantive standards to guide the clinical teacher. A supervising lawyer must review all pleadings, motions, briefs and other documents prepared by the legal intern. 31 The lawyer shall also "assume personal professional responsibility for any work undertaken by the legal intern while under the lawyer's supervision., 32 The failure of a supervising lawyer to provide "adequate supervision" is grounds for disciplinary action. 33 Similarly, APR 9 provides few specific or specially tailored professional responsibility standards for legal interns. Certification requires that the applicant for intern status "has read, is familiar with, and will abide by the 25. Id. at 916-19. 26. Id. at 922-23. 27. WASH. SUP. CT. ADMISSIONS TO PRACTICE Rule 9(a)(1). See also id. at Rule 9(c)(3). 28. Id. at Rule 9(c)(3). 29. Id. at Rule 9(c)(4). 30. Id. at Rule 9(c)(5). However, the "supervising lawyer or a lawyer from the same office shall be present in the representation of a defendant in all preliminary criminal hearings." Id. at Rule 9(c)(6). 31. Id. at Rule 9(d)(1). 32. Id. 33. Id. at Rule 9(d)(5).
1990/91] STUDENT PRACTICE Rules of Professional Conduct. 3 4 The rule also states that legal interns "shall be subject to the Rules of Professional Conduct... and shall be personally responsible for all services performed as an intern. 35 What, then, do the Rules of Professional Conduct tell us about the ethical duties of student interns and their supervisors? RPC 1.1 refers to an obligation of competent representation. It states: "A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. 36 RPC 5.3 addresses responsibilities regarding non-lawyer assistants: With respect to a nonlawyer employed or retained by or associated with a lawyer: (a) A partner in a law firm shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that the person's conduct is compatible with the professional obligations of the lawyer; (b) A lawyer having direct supervisory authority over the nonlawyer shall make reasonable efforts to ensure that the person's conduct is compatible with the professional obligations of the lawyer; and (c) A lawyer shall be responsible for conduct of such a person that would be a violation of the Rules of Professional Conduct if engaged in by a lawyer if: (1) The lawyer orders or, with the knowledge of the specific conduct, ratifies the conduct involved; or (2) The lawyer is a partner in the law firm in which the person is employed, or has direct supervisory authority over the person, and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action. 37 34. Id. at Rule 9(a)(4). 35. Id. at Rule 9(c). 36. This rule follows the language of the ABA Model Rules of Professional Conduct. DR 6-101(A)(2) of the ABA Model Code of Professional Responsibility required "preparation adequate in the circumstances," whereas DR 6-101(A)(3) prohibited the "neglect of a legal matter." See MODEL CODE OF PROFESSIONAL RESPONSIBILITY DR 6- 101(A)(2); DR 6-101(A)(3) (1983). ABA Model Rule 1.1 affirmatively requires the lawyer to be competent. MODEL RULES OF PROFESSIONAL CONDUCT Rule 1.1 (1990). 37. The Washington rule' follows ABA Model Rule 5.3. There was no direct
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