Rule 205.8 does not address the legal relationship between graduate and supervisor. It does require that the supervising attorney listed on the certification application agree to a variety of responsibilities that may be difficult to fulfill if the graduate is not an employee of the supervisor or supervisor’s organization or firm.
C.R.C.P. 205.8(g) provides that the attorney supervising the certified limited practice graduate needs to sign and file papers prepared by the graduate to be filed in court, and depending on the case, the attorney may need to be present in courtroom proceedings being handled by the graduate. Practically speaking, most firms and organizations provide a similar level of supervision to first-year associates or attorneys.
Yes. Other Colorado-licensed attorneys associated with the listed supervising attorney’s firm or organization may fulfill the supervisory duties under the rule.
The requirement for a dean’s certification is consistent with the Law Student Practice Rule, Rule 205.7, which also allows for graduate practice under certain circumstances. Given that graduates may not have cleared all requirements for admission, including character and fitness, a dean’s certificate is appropriate.
Certified graduates will not have an attorney registration number, and they cannot file documents by themselves. Instead, a Colorado-licensed attorney may file the court document with the certified graduate, whose name on the document must include the designation “Certified Limited Practice Graduate.”
No. The application fee is $50, but a graduate does not need to pay an annual registration fee or comply with the CLE requirements applicable to licensed attorneys.
Yes. The graduate must include the designation “Certified Limited Practice Graduate” in client correspondence.
Yes, as long as they disclose to those with whom they have contact that they are Certified Limited Practice Graduates and not licensed attorneys, the graduates can meet with clinic attendees and respond to questions. The clinic should ensure that a Colorado-licensed attorney is available to assist if needed.
Yes, as long as the judge or presiding officer in the matter permits it, and the client consents to the absence of a licensed attorney.
Yes, under the circumstances set forth in Rule 205.8(g)(3)(C).
The Colorado Supreme Court has jurisdiction over both the February 2021 bar examination and Rule 205.8. If there are changes to the February 2021 bar examination, the Court also will have the opportunity to decide whether changes are needed to Rule 205.8.