Law Clerks/Externs. Ethical Issues/Obligations?

IT is that time of year where the search for your Law Clerk begins. What does that mean for you?

Do the Ohio Rules of Professional Conduct apply to law student interns? YES

Rule 5.3: Responsibilities regarding nonlawyer assistants provides that any law clerk, intern or otherwise nonlawyer employee must adhere to all rules of professional conduct. It is the responsibility of the lawyers with managerial authority or supervisory authority to assure the conduct of their nonlawyer employees follows professional conduct requirements.

Case Examples:

An attorney was suspended from practice of law because he violated the Ohio Rules of Professional Conduct when he poorly supervised a non-lawyer assistant coupled with other engaged misconduct. Cleveland Metro. Bar Assn. v Heller, 179 N.E3d 72, 77 (Ohio. 2021)

Two attorneys were one was publicly reprimanded and the other conditionally suspended for a year because they improperly invoked a court’s authority with third parties, in violation of Ohio R. Prof. Conduct 1.1, 5.1(c), 5.3(b), (c), and 8.4(d). Additionally each had to pay one-half costs of the proceedings. Columbus Bar Assn. v. Christensen & Kluesener, 151 N.E.3d 552, 555 (Ohio. 2020)

Rules of Professional Conduct and Supervising?

The Rules provides that supervising attorneys assume professional responsibility for each case, client or matter assigned to the legal intern. Supervising attorneys are required to discuss and counsel the intern regarding matters of professional responsibility. Protecting the interests of the client and properly training the intern are the duties of the supervising attorney.

What about legal intern certificates? Ohio Gov. Bar. Rule II section 7.

A legal intern certificate is available to law students:

1. Enrolled in an ABA approved law school;
2. Have earned 2/3 of total academic hours required for graudation;
3. Be approved by the dean of the law school
4. Have read and agreed to be bound by the applicable rules

Duties of supervising attorney:

1. Licensed in the State of Ohio, or allowed to practice in the State of Ohio;
2. In good standing
3. Employed by or associated with law school clinic, legal aid bureau, PD’s Office or other legal services organization that provides legal assistance to the financially needy, or responsible for handling cases for State of Ohio or a municipal corporation (No Private Practitioner).

For more information and frequently asked questions on legal intern certificate go to Instructions to Applicants for Certification as Legal Interns » Supreme Court of Ohio

Questions? Contact Nicholas Froning, Esq. of Koblentz, Penvose & Froning, LLC

Assist by Susannah Schroeder, Law Clerk