As amended through December 2, 2024
Rule 1:21-3 - Appearance by Law Graduates and Students; Special Permission for Out-of-State Attorneys(a)Appearance Prior to Passing Bar Examination. A graduate of a law school accredited by the American Bar Association may, before passing the bar examination, appear in any court for the purpose of answering the calendar call in an action in which the attorney or firm employing the graduate is the attorney of record. A graduate of a law school accredited by the American Bar Association and employed by a nonprofit organization incorporated in this or any other state for the purpose of providing legal assistance to persons of low and low-moderate means, which is affiliated or associated with an ABA-accredited law school and has a program to educate, mentor, or train recent law school graduates, as defined by R. 1:21-1(e), may appear before the Appellate Division, a trial court, or an agency, without attorney supervision if the matter does not involve potential incarceration of a client for more than six months, or a potential monetary award for or against a client of more than $100,000. Permission to appear without attorney supervision pursuant to this paragraph by a law graduate who has not passed the New Jersey bar examination shall terminate upon the graduate's failure to sit for and pass the first bar examination scheduled following graduation.(b)Appearance by Law Students and Graduates. A law student who has completed at least two-thirds of the course requirements for graduation at, or a graduate of, a law school approved by the American Bar Association may appear before the Appellate Division, a trial court or an agency in conjunction with a legal services or public interest organization or law school clinical or pro bono program certified under R. 1:21-11(b)(1) or (b)(3), or an agency of municipal, county or state government certified under R. 1:21-11(b)(3). A law student who has completed at least one-third of the course requirements for graduation at, or a graduate of, a law school approved by the American Bar Association may appear before the Tax Court in state tax cases (i.e., cases involving taxes administered by the New Jersey Division of Taxation), under the supervision of a law school, or a legal services or public interest organization, or a pro bono program certified under R. 1:21-11(b)1 or (b)(3). Permission to appear pursuant to this paragraph by a law graduate who has not passed the New Jersey bar examination shall terminate upon the graduate's failure to pass the bar examination for the third time, or after two years of employment following graduation, whichever is sooner.(c)Permission for Out-of-State Attorneys to Practice in This State.A graduate of an approved law school who is a member of the bar of another state or of the District of Columbia and is employed by, associated with, or serving as a volunteer pro bono attorney with a legal services or public interest organization or law school clinical or pro bono program certified under R. 1:21-11(b)(1) or (b)(3), shall be permitted to practice, under the supervision of a member of the bar of the State, before all courts of this State in all causes on behalf of such entities, subject to the following conditions: (1) Permission for an out-of-state attorney to practice under this rule shall become effective on filing with the Clerk of the Supreme Court evidence of graduation from an approved law school, a certificate of any court of last resort certifying that the out-of-state attorney is a member in good standing of the bar of another state or of the District of Columbia, and a statement that the out-of-state attorney is currently employed by, associated with, or serving on a voluntary pro bono basis with a legal services or public interest organization or law school clinical or pro bono program certified under R. 1:21-11(b)(1) or (b)(3), which statement shall be signed by the entity's lead attorney who practices law in New Jersey;(2) Permission to practice under this rule shall apply only in matters in which the out-of-state attorney is employed by, associated with, or serving as a volunteer pro bono attorney with a legal services or public interest organization or law school clinical or pro bono program certified under R. 1:21-11(b)(1) or (b)(3);(3) Permission to practice in this State under this rule may be revoked or suspended by the Supreme Court, in its discretion, at any time either by written notice to the out-of-state attorney or by amendment or deletion of this rule; and(4) Out-of-state attorneys permitted to practice under this rule are not, and shall not represent themselves to be, members of the bar of this State.Source - R.R. 1:12-8A(a)(b)(c). Caption amended and paragraph (d) adopted July 1, 1970 effective immediately; paragraph (c) amended July 7, 1971 to be effective 9/13/1971; paragraph (a) amended April 2, 1973 to be effective immediately; paragraph (c) amended July 17, 1975 to be effective 9/8/1975; caption and paragraph (a) amended July 29, 1977 to be effective 9/6/1977; paragraph (c) amended July 16, 1979 to be effective 9/10/1979; paragraph (c) amended October 9, 1979 to be effective immediately but amendment stayed October 31, 1979; paragraph (c) amended July 21, 1980 to be effective 9/8/1980; paragraph (d) amended July 16, 1981 to be effective 9/14/1981; former paragraph (b) deleted and former paragraphs (c) and (d) redesignated as (b) and (c) November 1, 1985 to be effective 1/2/1986; paragraphs (a), (b) and (c) amended July 13, 1994 to be effective 9/1/1994; paragraph (c) amended July 12, 2002 to be effective 9/3/2002; paragraph (c) amended July 27, 2006 to be effective 9/1/2006; paragraphs (a), (b) and (c) amended, and subparagraphs (c)(1) and (c)(2) amended, former subparagraphs (c)(3) and (c)(4) deleted, and former subparagraphs (c)(5) and (c)(6) redesignated as (c)(3) and (c)(4) July 22, 2014 to be effective 1/1/2015; paragraph (b) amended March 6, 2017 to be effective immediately; paragraph (a) amended October 8, 2019 to be effective immediately; paragraph (b) amended March 15, 2022 to be effective 5/1/2022.