California Supreme Court amends Law Office Study Program rules

The California Supreme Court on Wednesday amended its rules allowing law students in the Law Office Study Program to also enroll in the Certified Law Student Program, broadening practical training options.

The amendments, which take effect June 1, also revise supervision standards and the process for revoking student certifications.

The Law Office Study Program provides an alternative to law school, allowing candidates to sit for the California Bar Examination after at least four years of supervised study in a law office or under a California judge. The Certified Law Student Program permits law students to represent clients and appear in court on a limited basis under attorney supervision.

The court modified the State Bar of California's proposal, which would have barred Law Office Study participants working in a judge's chambers from also participating in the Certified Law Student Program. Instead, the court allowed dual participation, including for those supervised by a judge, with safeguards for conflicts.

"A general 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," the court wrote.

The amendments also revise supervision requirements. In the Certified Law Student Program, supervising attorneys must have at least four years of practice in any U.S. jurisdiction and must have actively practiced in California or taught at a California law school for at least two years immediately before supervising. A supervising attorney may oversee no more than five certified law students at a time, or up to 25 if employed full time in a law school or government training program.

For the Law Office Study Program, supervisors must provide at least 20 hours of direct supervision each month, either in person or by remote video, including at least 10 in-person hours during each six-month period. Supervisors may oversee no more than two participants at once and must administer graded exams at least monthly.

The rule changes also clarify the revocation process for Certified Law Student certifications. Revocation takes effect one day after notice is received, and students have 15 days to request reconsideration in writing. The State Bar must issue a written decision within 60 days, which constitutes its final action.