Rule 90.Legal Assistance by Law Students
Last amended May 1, 2020 · Last verified July 8, 2026
Full Text of Rule 90
Advisory Committee’s Notes & Reporter’s Notes
Advisory Note – May 2020
Rule 90(b)(2), which establishes the requirements and limitations for a law student to provide legal assistance through an approved organization, is amended to require the completion of legal studies amounting to at least three, rather than four, semesters.
Advisory Committee Notes — January 2004
Rule 90(b)(5) is amended to add reference to the Maine Rules of Appellate Procedure and to strike the reference to the separate District Court Criminal Rules which have been abrogated.
Advisory Committee’s Notes — May 1, 2000
The specific gender reference in subdivision (d)(3) is eliminated, substituting the title “the dean.”
Advisory Committee's Note — September 1, 1980
This rule is amended to reflect the promulgation by the Supreme Judicial Court of the Maine Bar Rules, which in Rule 3 provide a Code of Professional Responsibility that is binding upon all attorneys "admitted to, or engaging in, the practice of law in this state." Me. Bar R. 1(a); see Me. Bar R. 3.1(a).
Explanation of Amendment
(June 1, 1976)
Rule 90 was generally amended to permit Maine law students enrolled in law schools outside the state to practice under the rule. In addition, the rule was amended to list the various rules of procedure and of evidence with which the students must be familiar.
Advisory Committee's Note — October 6, 1969
Rule 90 was promulgated to implement the provisions of 1969 Laws, c. 396, which amended 4 M.R.S.A. § 807 to permit appearances by third-year law students in the courts of Maine on behalf of the State or on behalf of an indigent receiving free legal services through an approved legal aid organiza- tion. The rule is based on the "Proposed Model Rule Relative to Legal Assistance by Law Students," approved by the American Bar Association House of Delegates in January, 1969. Minor adaptations have been made to fit Maine practice and the statutory authorization. While the "Model Rule" deals with practice in civil and criminal cases, Rule 90 applies only to civil cases in the Superior Court and the Law Court. Contemporaneous with the promulgation of Rule 90, a similar rule bearing the same number was incorporated in the Maine District Court Civil Rules to allow practice in civil cases in the District Court and Rule 62 was added to the Maine Rules of Criminal Procedure and the Maine District Court Criminal Rules to govern practice in criminal cases.
Plain-English Summary
An eligible student can appear in any civil action or before an administrative tribunal for an indigent person receiving services through a Supreme Judicial Court-approved legal aid organization, if both the client and the supervising lawyer consent in writing, or on behalf of the State or one of its agencies with the supervising lawyer's written approval; that consent and approval must be filed in the case record and brought to the presiding judge's or officer's attention. To be eligible, the student must be enrolled in an ABA-approved law school, have completed at least three semesters of legal studies, be certified by the law school's dean as being of good character and adequately trained, receive no compensation from the client, and certify familiarity with the Maine Bar Rules and the civil, criminal, appellate, and evidence rules.
An approved legal-services organization applies to the Supreme Judicial Court for permission to supervise student practice, and the dean's certification of a student is filed with the Clerk of the Law Court, and can be withdrawn by the dean at any time without stated cause, or terminated by the Supreme Judicial Court without notice or hearing. Beyond courtroom appearances, an eligible student can draft pleadings and Law Court briefs under general supervision (each signed by the supervising lawyer and naming the student who helped draft it), and can participate in Law Court oral argument only in the supervising lawyer's presence. The supervising attorney bears personal professional responsibility for the student's work and guidance, and nothing in the rule affects what a non-lawyer could otherwise lawfully do before the rule was adopted.
Frequently Asked Questions
What qualifies a law student to appear in court under Rule 90?
Enrollment in an ABA-approved law school, completion of at least three semesters of legal studies, a dean's certification of good character and competence, no compensation from the client, and a written certification of familiarity with the Maine Bar Rules and the civil, criminal, appellate, and evidence rules.
Can a law student argue a case in the Law Court on their own?
No, an eligible student may participate in Law Court oral argument only in the presence of the supervising lawyer.
Can a law student be paid for the legal services provided under Rule 90?
No, the student can't ask for or receive compensation from the person served, though a legal aid bureau, law school, or the State may still pay the student, and an agency may still charge its normal fees for its services.