IN RE ARKANSAS RULES GOVERNING ADMISSION TO THE BAR: RULE XV-A TEMPORARY SUPERVISED PRACTICE

Cite as 2020 Ark. 261
SUPREME COURT OF ARKANSAS
Opinion Delivered: July 9, 2020

IN RE ARKANSAS RULES GOVERNING
ADMISSION TO THE BAR: RULE XV-A
TEMPORARY SUPERVISED PRACTICE

PER CURIAM

A. Purpose. In recognition of the issues faced with the COVID-19 pandemic, the
Arkansas Supreme Court adopts this emergency/temporary Rule to allow
persons properly registered for the July 2020 Arkansas Bar Exam, who are
unwilling or unable to sit for the July 2020 Exam because of the COVID-19
pandemic, to be permitted to temporarily engage in the limited practice of law.

B. Activities. The following activities may be engaged in pursuant to this Temporary
Supervised Practice Rule:

(a) A temporary limited licensee may counsel a client with respect to legal issues,
under the direct and ongoing supervision of the supervising attorney;

(b) Under the direct and ongoing supervision of the supervising attorney, a
temporary limited licensee may prepare documents on behalf of a client,
including documents that will be filed in a court or an administrative
tribunal. The supervising attorney’s signature must appear on any documents
that will be filed in a court or an administrative tribunal; and,
 (c) A temporary limited licensee may appear for any activity involved in the
practice of law under the direct and ongoing supervision of the supervising
attorney.

C. Requirements of Eligibility.
An individual may engage in the limited and supervised practice of law pursuant
to the emergency Rule if:

(a) The individual has submitted a timely application for admission by
examination for the July 2020 Uniform Bar Exam in Arkansas;

(b) The Board of Law Examiners has received affirmative certification from the
law school from which the individual graduated certifying that (1) the
applicant has received the juris doctor degree from that law school and (2) to
the best of the law school’s knowledge, the applicant has the character and
fitness required to be a licensed attorney in the State of Arkansas;

(c) The individual has never failed the Arkansas Bar Exam or any other
jurisdiction’s Bar Exam;

(d) The individual has received a juris doctor degree from a law school
accredited by the American Bar Association;

(e) The individual is supervised by an attorney licensed by the Court to practice
law in Arkansas; and

(f) The individual agrees to abide by the Arkansas Rules of Professional
Conduct.

D. Supervising Attorney. The attorney under whose supervision an individual may
engage in the temporary limited practice of law permitted by this Rule:

(a) Shall have been an active member of the Bar of Arkansas for at least five
years;

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 (b) Shall assume personal professional responsibility for ensuring that the work
of the supervised individual is competent and compliant with the Arkansas
Rules of Professional Conduct;

(c) Shall submit a certification to the Clerk of the Arkansas Supreme
Court/State Board of Law Examiners naming the individual being supervised
and confirming that the supervising attorney agrees to comply with his or her
obligations pursuant to this Rule;

(d) Shall not supervise more than two individuals under the provisions of this
Rule; and

(e) Shall be allowed to withdraw from supervising at any time by mailing notice
to that effect to the Clerk/Board without necessity of the notice stating the
cause for withdrawal.

E. Duration. Permission to engage in the limited temporary practice of law
pursuant to this Rule shall commence upon the date the results of the July 2020
Arkansas Bar Exam are released. The Executive Director of the State Board of
Law Examiners shall provide the Clerk of the Arkansas Supreme Court with the
names of those July 2020 Bar Exam applicants who are eligible for the limited
temporary practice of law.

F. Automatic Termination. The provisions of this Rule shall terminate
immediately:

(a) On the date the results are released from the February 2021 Arkansas Bar
Exam;

(b) If the applicant withdraws the application for admission by examination for
the February 2021 Arkansas Bar Exam;

(c) If the applicant fails to obtain a passing score on the February 2021 Arkansas
Bar Examination; or

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 (d) If the supervising attorney ceases to be an active member in good standing of
the Bar of Arkansas or withdraws the certification required by this Rule.

G. This Rule is temporary and has been adopted because of the COVID-19
situation. It shall remain in effect from the date the results of the July 2020
Arkansas Bar Exam are released until the date the February 2021 Arkansas Bar
Exam results are released.

H. The Court, in its discretion, may extend the time limits set forth in this Rule for
good cause shown.

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