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UW Law professors in favor of rule to allow law students more supervised practice time

By: Michaela Paukner, [email protected]//January 14, 2021//

UW Law professors in favor of rule to allow law students more supervised practice time

By: Michaela Paukner, [email protected]//January 14, 2021//

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Several UW Law School professors testified in favor of allowing law-school students more supervised practice time in Wisconsin before they graduate.

The Wisconsin Supreme Court heard testimony about Rule Petition 20-04, which would allow law students to practice under the supervision of a licensed attorney after completing one year of law school. The current rule requires one-and-a-half years of school before practicing.

UW Law School Dean Daniel Tokaji said allowing students to practice earlier will give them more hands-on experience, strengthen the university’s ability to provide aid to people in need of legal help and help Wisconsin maintain a leading position among Midwestern law schools. Michigan and Minnesota now provide practical training earlier than Wisconsin does.

According to the rule, students attending law schools in other states could practice under supervision in Wisconsin. Mitch, a clinical law professor and director of the Economic Justice Institute at UW Law School, said the proposal will encourage out-of-state students to come to Wisconsin and provide more training in Wisconsin law, since such students will have more time to practice in state.

Part of the proposal would allow supervising attorneys to invalidate a student’s certification to practice under supervision without having to undergo a hearing and without any showing of cause. Justice Jill Karofsky questioned whether this step would give too much power to supervising attorneys.

“The provision you’ve cited is to be used as a safety valve,” Mitch said, explaining that the rule explicitly states the “rarely enforced” practice that the current rule uses. The new rule would make it clear that a student can’t contest a supervising attorney’s decision not to let the student represent a client in court.

Sarah Davis, clinical professor at UW Law, also endorsed the proposed rule change. She welcomed the opportunity for students to gain more practical experience and said she believes the proposed change will encourage innovation within the legal system.

Written comments about the proposed rule can be found online. The state Supreme Court will issue its decision at a later date.

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