Could a second-year law student take depositions or appear in court while working for a lawyer?

Plain-English summary

A lawyer asked whether a second-year student employed for the summer could take depositions or appear in court under supervision.

The opinion said a Rule 13-certified student could do so within that rule’s limits, which it described as representation of the state and indigent individuals. An uncertified student could perform only functions open to any other nonlawyer.

Currency note

This opinion was issued in 1999, before Missouri’s 2007 revisions to the Rules of Professional Conduct. Later amendments or opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it. The official Rule 4-1.9 and 4-1.10 reference notes identify July 1, 2007 amendments.

Common questions

Q: Was supervision alone enough?

A: No. The answer required Rule 13 certification for the stated practice activities.

Q: What could an uncertified student do?

A: Only functions any other nonlawyer could perform.

Background and rules framework

The answer cited Missouri Supreme Court Rule 13, which is not a numbered Rule 4 professional-conduct rule.

See also

• Missouri Informal Op. 20000013: DESE Appearance

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/990105/

• Rule revision reference: Missouri Informal Opinion 20030007

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

QUESTION: Attorney has hired a second year law student to work in Attorney´s office for the summer. May the law student be permitted to take depositions or appear in court under Attorney´s supervision?

ANSWER: If the law student is certified under Missouri Supreme Court Rule 13, the law student may take depositions and appear in court, as permitted under that rule. Attorney should be aware that that rule limits practice by a certified law student to representation of the state and indigent individuals. If the law student is not certified under Missouri Supreme Court Rule 13, the law student may not perform any functions other than those which any other non-lawyer may perform.