Under specific direction of a Supervising Attorney (currently a member of the State Bar of California having two years of full time experience in the practice of law), a Certified Student with a current effective State Bar Notification of Certification may negotiate, appear in depositions, public trial, hearing arbitration or proceedings or before any arbitrator, court, public agency, referee, magistrate, commissioner or hearing officer.
The Certified Student classification is distinguished from the lower classification of Law Clerk in that this classification requires maintenance of a State Bar Notice of Certificate and incumbents are permitted to do trial work not limited to research and writing as with the Law Clerk classification. Incumbents must currently have and maintain an effective certificate of registration as a Certified Student from the State Bar consistent with all the requirements of Rule 9.42 of the California Rules of Court in its entirety. This classification is a bridge level to the Attorney I classification.
A Certified Student may negotiate for and on behalf of the client and/or give legal advice to client, subject to prior approval, approval of the advice given or plan of negotiations and general supervision of all activities of the supervising attorney. SB Governing Rule 5.1.1
A Certified Student may appear on behalf of the clients in depositions subject to prior approval and direct and immediate supervision and in person presences of the supervising attorney and signed consent form from the County Counsel. SB Governing Rule 5.1.2
A Certified Student may 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 subject to prior approval and direct and immediate supervision and in the presences of the supervising attorney, obtains a signed consent form from the County Counsel and provides the consent form as a condition to such appearance to the arbitrator, court, public agency, referee, magistrate, commissioner or hearing officer, or file a copy of the consent form in the court case. SB Governing Rule 5.1.3
A Certified Student may appear on behalf of the 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 subject to approval by the court, commissioner, referee, hearing officer or magistrate, without the personal appearance of the designated attorney supervisor only if that attorney has approved in writing the performance of such acts by the Certified Student and is immediately available to attend the proceeding, and obtains a signed consent form from the County Counsel. SB Governing Rule 5.2
A Certified Student will conduct legal research and analysis on a broad range of topics; prepare a wide range of written memorandums; review transcripts, writs of mandate and habeas corpus, and briefs; and assist the supervising attorney in all phases of case preparation and presentation and conduct any other duties as assigned consistent with the requirements of the State Bar Certified Student program.
Some knowledge of:
General legal principals and practices.
General principals of civil procedure, criminal procedure, evidence, trial preparation, and legal research and writing.
Conduct complex legal research and analysis.
Analyze and apply legal principals, legal precedents, statutory and case law, facts and evidence to legal issues and as part of trial preparation.
Maintain professional working relationships with supervisors, fellow employees, clients, opposing counsel and members of the court.
Prepare clear, logical and concise written materials.
Present clearly the County’s legal case in legal proceedings.
Adhere to ethical standards.
Completion of one (1) full year of law school (270 hours) at an American Bar Association (ABA) or State Bar of California accredited law school or a passing score on the First Year Law Student's Exam (FYLSE) AND must have completed or be enrolled in Evidence and Civil Procedure courses.
At time of Appointment: Written Proof of Certification by the State Bar of California Office of Certification as a Certified Student under the Practical Training of Law Students Program; and maintenance of certificate at all times during appointment as governed by Rule 983.2, Section D of the California Rules of Court and the State Bar Rules Governing the Practical Training of Law Students. Incumbents may only use the title of “Certified Student” while employed and performing the duties of this classification.
Incumbents must maintain the State Bar Certification at all times during appointment as a Certified Student and notify their supervisor immediately if certification is terminated. Incumbents who fail to maintain a valid certificate from the state bar shall be immediately terminated.
Mentally and physically capable of performing the classification’s essential functions as summarized in typical tasks section of this job specification.