(a) Definitions
The following definitions apply in this rule:
(1) A “Certified Law Student” is a law student who meets the requirements of (c) of this rule and has been approved as a Certified Law Student by the State Bar.
(2) The “Certified Law Student Program” is the legal education program established by this rule and administered by the State Bar.
(3) The “Law Office Study Program” is the legal education program regulated by the State Bar under rule 4.29 of the Rules of the State Bar
(4) A “Supervising Attorney” is an active licensee, as defined by Rules of Court, rule 9.1(1), in good standing of the State Bar who agrees to supervise a Certified Law Student subject to the requirements of (d) and (e) of this rule. The Supervising Attorney must have practiced law for at least four years in any United States jurisdiction and have actively practiced law in California or taught law in a California law school for at least two years immediately preceding the time of supervision.
(Subd (a) amended effective June 1, 2026; previously amended effective January 1, 2007, and January 1, 2019.)
(b) State Bar Certified Law Student Program
The State Bar must administer a Certified Law Student Program under Title 3, Division 1, Chapter 1 of the Rules of the State Bar for registering and regulating the activities of law students who practice law as Certified Law Students.
The State Bar has the authority to set and collect appropriate fees and penalties for the Certified Law Student Program.
(Subd (b) amended effective June 1, 2026; previously amended effective January 1, 2007, and January 19, 2019.)
(c) Eligibility requirements
To be eligible to become a Certified Law Student:
(1) An applicant must either be:
(A) Currently enrolled in or have graduated from a juris doctor (J.D.) or master of laws (LL.M.) program in a law school fully or provisionally approved by the Council of the Section of Legal Education and Admissions to the Bar of the American Bar Association or accredited by or registered with the Committee of Bar Examiners, subject to (c)(2), (c)(3) or (c)(5); or
(B) Currently studying law, or have completed the course of study, through the Law Office Study Program, subject to (c)(4).
(2) An applicant who is currently enrolled in a J.D. program must:
(A) Have successfully completed one full year of studies (minimum of 270 hours) or have passed the First-Year Law Students’ Examination; and
(B) Be enrolled and in good academic standing in, the second, third, or fourth year of law school.
(3) An applicant who is currently enrolled in an LL.M. program must:
(A) Have a degree from a law school in a foreign jurisdiction that authorizes the applicant to practice law in that jurisdiction and is acceptable to the State Bar under the State Bar’s Guidelines for Applicants with a Foreign Language Degree;
(B) Have successfully completed one semester or two quarters in an LL.M. program; and
(C) Be enrolled and in good academic standing in a second or subsequent semester or third or subsequent quarter of an LL.M. program.
(4) An applicant who is studying law through the Law Office Study
Program must:
(A) Have successfully completed one full year of legal studies in a law school (minimum of 270 hours) or in the Law Office Study Program;
(B) Have passed the First-Year Law Students’ Examination; and
(C) Be actively continuing the study of law through the Law Office Study Program.
(5) An applicant who graduates from a J.D. program, completes one year in an LL.M. program, or completes their law study through the Law Office Study Program is eligible to apply for the Certified Law Student Program for up to 30 days after their graduation or completion of studies.
(6) An applicant must apply to and be approved as a Certified Law Student pursuant to Title 3, Division 1, Chapter 1 of the Rules of the State Bar before performing the activities authorized by this rule. The application must identify the applicant’s Supervising Attorney who must meet the requirements of (a)(4).
(7) An applicant’s eligibility to practice law under this rule terminates when the applicant receives the results for the first California Bar Examination for which the applicant is eligible to sit or when the applicant fails to take that exam. An applicant’s eligibility to practice under this rule is also subject to the time period limitations specified in Title 3, Division 1, Chapter 1 of the Rules of the State Bar.
(Subd (c) amended effective June 1. 2026; previously amended effective January 1, 2019.)
(d) Supervision
A Supervising Attorney must:
(1) Assume professional responsibility for the work product of the Certified Law Student;
(2) Train and counsel the Certified Law Student to competently perform activities authorized by this rule;
(3) Read, approve, and personally sign any documents prepared by the Certified Law Student for a client; and
(4) Comply with any other requirements set forth in Title 3, Division 1, Chapter 1 of the Rules of the State Bar pertaining to Supervising Attorneys participating in the Certified Law Student Program.
(Subd (d) adopted effective June 1, 2026.)
(e) Permitted activities
Subject to all applicable rules, regulations, and statutes, a Certified Law Student may:
(1) Negotiate on behalf of the client or give legal advice to the client, provided that the Certified Law Student:
(A) Obtains approval from the Supervising Attorney to engage in the activity;
(B) Obtains approval from the Supervising Attorney of the legal advice or negotiation plan; and
(C) Acts under general supervision of the Supervising Attorney;
(2) Appear on behalf of the client in depositions, provided that the Certified Law Student:
(A) Obtains approval from of the Supervising Attorney to engage in the activity;
(B) Make the appearance under the direct and immediate supervision and in the personal presence of the Supervising Attorney (or, exclusively in the case of government agencies, any deputy, assistant, or other staff attorney authorized and designated by the Supervising Attorney); and
(C) Obtains written consent from the client (or, exclusively in the case of government agencies, from the chief counsel or prosecuting attorney), for the Certified Law Student to make the appearance.
(3) Appear on behalf of the client in any public trial, hearing, arbitration, or proceeding, or before any arbitrator, court, public agency, referee, magistrate, commissioner, or hearing officer, to the extent approved by such arbitrator, court, public agency, referee, magistrate, commissioner, or hearing officer, provided that the Certified Law Student:
(A) Obtains approval from the supervising attorney to engage in the activity;
(B) Performs the activity under the direct and immediate supervision and in the personal presence of the Supervising Attorney (or, exclusively in the case of government agencies, any deputy, assistant, or other staff attorney authorized and designated by the Supervising Attorney);
(C) Obtains from the client (or, exclusively in the case of government agencies, from the chief counsel or prosecuting attorney) for the Certified Law Student to perform the activity; and
(D) As a condition to such appearance, the Certified Law Student either presents a copy of the client’s written consent to the arbitrator, court, public agency, referee, magistrate, commissioner, or hearing officer, or files a copy of the client’s written consent with the court.
(4) Appear on behalf of a government agency in the prosecution of criminal actions classified as infractions or other such minor criminal offenses with a maximum penalty or a fine equal to the maximum fine for infractions in California, including any public trial:
(A) Subject to approval by the court, commissioner, referee, hearing officer, or magistrate presiding at such public trial; and
(B) Without the personal appearance of the Supervising Attorney or any deputy, assistant, or other staff attorney authorized and designated by the Supervising Attorney, but only if the Supervising Attorney or the designated attorney has approved in writing the performance of such acts by the Certified Law Student and is immediately available to attend the proceeding.
(Subd (e) was relettered and amended effective June 1, 2026; adopted as subd (d); previously amended effective January 1, 2007.)
(f) Avoiding ethical concerns
An applicant participating in both the Law Office Study Program and the Certified Law Student Program as well as the applicant’s supervisors in both programs must make good faith efforts to mitigate or prevent any actual or potential conflicts of interest or other ethical concerns that might arise from the applicant’s dual role. For example, an applicant who studies in the Law Office Study Program under the supervision of a judge should avoid appearing before that same judge when representing a client in the Certified Law Student Program.
(Subd (f) relettered and amended effective June 1, 2026; adopted as subd (e); previously amended effective January 1, 2007.)
(g) Failure to comply with program
A Certified Law Student who fails to comply with the requirements of the Certified Law Student program will result in revocation of the Certified Law Student certification under rule 3.10 of the Rules of the State Bar.
(Subd (g) relettered and amended effective June 1, 2026; adopted as subd (e) previously amended effective January 1, 2007; and January 1. 2019.)
(h) Inherent power of Supreme Court
Nothing in these rules may be construed as affecting the power of the Supreme Court to exercise its inherent jurisdiction over the practice of law in California.
(Subd (h) relettered and amended effective June 1, 2026; adopted as subd (g); previously amended effective January 1, 2007.)
Rule 9.42 amended effective June 1, 2026; adopted as rule 983.2 by the Supreme Court effective December 29, 1993; previously amended and renumbered effective January 1, 2007; previously amended effective January 1, 2019