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TITLE 38 App. > RULES > Rule 46

Rule 46. Representation

(a) Admission of Attorneys to Bar of Court.
(1) General. A person of good moral character and repute who has been admitted to practice in the Supreme Court of the United States, or the highest court of any state, the District of Columbia or a United States territory or commonwealth within the meaning of 48 U.S.C. § 1904 (e)(5), and is in good standing therein, may be admitted to the bar of the Court upon application. See Rules of Admission and Practice.
(2) Application. An attorney at law may be admitted to the bar of the Court upon filing with the Clerk a completed application accompanied by the applicable fee (payable by check or money order) and a current certificate from the clerk of the appropriate court showing that the applicant is a member in good standing of the bar of one of the courts named in paragraph (1) of this subsection. A current court certificate is one executed not earlier than 3 months before the date of the filing of the application.
(b) Admission of Nonattorney Practitioners to Practice. A nonattorney of good moral character and repute who is—
(1) under the direct supervision (including presence at any oral argument) of an attorney admitted to the bar of the Court, or
(2) employed by an organization that is chartered by Congress, is recognized by the Secretary of Veterans Affairs for claims representation, and provides a statement signed by the organization’s chief executive officer certifying to the employee’s—
(A) understanding of the procedures and jurisdiction of the Court and of the nature, scope, and standards of its judicial review; and
(B) proficiency to represent appellants before the Court may be admitted to practice before the Court upon filing with the Clerk a completed application accompanied by the applicable fee (payable by check or money order). In making the statement under this paragraph, the chief executive officer should be aware that knowledge of and competence in veterans law and the administrative claims process does not in and of itself connote competence in appellate practice and procedure.
(c) Appearance in a Particular Case. On motion and a showing of good cause, the Court may permit any attorney or nonattorney practitioner not admitted to practice before the Court, or any other person in exceptional circumstances, to appear on behalf of a party or amicus for the purposes of a particular case. Whenever a person is admitted to practice under this subsection, the person will be deemed to have conferred disciplinary jurisdiction upon the Court for any alleged misconduct in the course of, in the preparation for, or in connection with any proceeding in that case.
(d) Representation Requirements.
(1) Practitioner defined. A person who has been admitted under subsection (a) or (b), or has been permitted to appear under subsection (c) is referred to in this subsection as a practitioner.
(2) Appearance. No practitioner may appear as a representative of a party or amicus in any proceedings in a case without first filing—
(A) a written notice of appearance in the detail set out in Form 3 in the Appendix of Forms, served in compliance with Rule 25; and
(B) unless the representation is without charge to that party, a copy of the fee agreement if the practitioner is representing an appellant or petitioner or intervenor. A copy of the agreement must be served on the Secretary.
An appearance may not be made in the name of a law firm or other organization.
(3) Filings by nonattorney practitioner. Each notice of appearance and pleading filed by a nonattorney practitioner must include the name, address, and signature of the responsible supervising attorney under subsection (b)(1) or the identification of the employing organization under subsection (b)(2).
(4) Withdrawal. If another practitioner has previously entered an appearance on behalf of a party, a practitioner may withdraw from a case by filing a notice stating that the party has consented to the withdrawal. Otherwise, a practitioner may not withdraw from a case without obtaining the Court’s permission by filing a motion to withdraw that—
(A) lists the client’s current address and telephone number; and
(B) avers to the Court that—
(i) the client has been notified of the motion to withdraw; and
(ii) copies of all papers filed by the parties, all notices and orders accumulated by the practitioner, and all files belonging to the client have been sent to the client or to a named substitute practitioner.
The practitioner’s authority and duty continue until he or she is relieved by the Court, subject to conditions that the Court considers appropriate.
(5) Change of address. Each practitioner must give the Clerk and all other parties written notice (not included in another filing) of any change of his or her address or telephone number. Such a notice by a practitioner must list, by docket number and title, each pending case in which that practitioner is a representative in the Court. Absent such notice, the mailing of documents to the address most recently provided by that person will be fully effective.
(6) Limited appearance. Paragraphs (2) through (4) of this subsection do not apply when a practitioner files a Notice of Appeal on behalf of an appellant and specifies that the appearance is limited to that filing. The practitioner must include his or her name, address, and telephone number on such a Notice of Appeal.
(7) VA practitioners. Paragraphs (2)(B), (4), (5), and (6) of this subsection do not apply to practitioners representing the Secretary.
(e) (Rescinded)
(f) Appearance by Law Students.
(1) General. An eligible law student, with the written consent of the appellant and the attorney of record, who must be a member of the bar of the Court, may appear in the Court as provided in this subsection.
(2) Participation defined. An eligible law student may participate in the preparation of briefs and other documents to be filed in the Court, but such briefs or documents must be signed by the attorney of record. The student may also participate in oral argument with leave of the Court, but only in the presence of the attorney of record. The attorney of record must assume personal professional responsibility for the law student’s work and for supervising the quality of his or her work. The attorney must be familiar with the case and prepared to supplement or correct any written or oral statement made by the student.
(3) Conditions of appearance. In order to make an appearance pursuant to this rule, the student must—
(A) be duly enrolled in a law school approved by the American Bar Association;
(B) have completed legal studies amounting to at least four semesters, or the equivalent if studies are scheduled on other than a semester basis;
(C) be certified, by the dean of the law school in which the law student is enrolled, as being of good character and competent legal ability (this certification must be filed with the Clerk and may be withdrawn at any time by the dean, upon written notice to the Clerk, or by the Court, without notice or hearing and without any showing of cause);
(D) be introduced by the attorney of record in the case;
(E) neither ask for nor receive any compensation or remuneration of any kind for his or her services from the person on whose behalf such services are rendered, but this will not prevent an attorney, legal aid bureau, law school, a state, the District of Columbia, or a United States territory or commonwealth within the meaning of 48 U.S.C. § 1904 (e)(5), or the United States from paying compensation to the eligible law student, nor will it prevent any agency from making such charges for its services as it may otherwise properly require;
(F) certify in writing that he or she has read and is familiar with the code of professional responsibility or rules of professional conduct in effect in the state or jurisdiction in which the student’s law school is located and with the rules governing practice in the Court (see Rule 4 of the Rules of Admission and Practice).

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