Northern District Of Illinois
REGULATIONS PERTAINING TO TRIAL BAR ADMISSION
The following regulations were promulgated by the District Admissions Committee as interpretive and procedural guides to the admission rules. The District Admissions Committee was disbanded by the abrogation of General Rules 3.20, 3.21, 3.22 and 3.23 effective December 19, 1997. However, the following regulations remain in effect.
D.A.C.REG.1 PARTICIPATION UNITS (Local Rule 83.11)
Promulgated by the District Admissions Committee as an interpretive guide to definitions of "participations" and qualifying trial "days" as set forth in LR83.11.
A. "Participation" and "participates" defined
The terms "participation" or "participates" as used in LR83.11, defining a participation unit, refer to an active and open involvement in the presentation of a case as contrasted with passive observation or rendition of services solely to another attorney who was actively involved. A minimum criterion for the requisite level of involvement contemplated by the rule for participation credit shall be that the applicant be present at the testimonial proceeding and prepared for and/or conducted the examination or cross examination of at least two (2) witnesses in the qualifying trial.
B. "One day" defined
The term "one day" as used in LR83.11, defining a qualifying trial refers to not less than three (3) hours of actual appearance time in open court during which testimony is taken and/or exhibits are offered. Notwithstanding the foregoing:
(1) In the event interruptions or recesses in a trial prevent attainment of the aforesaid 3-hour minimum in a single 24-hour day, it is permissible to aggregate appearance time in the same trial so as to achieve a total of three (3) hours, provided that such added appearance time is of the character referred to in the preceding paragraph B.
(2) In no event shall more than one (1) day of qualifying trial credit be claimed for any 24-hour day nor shall any appearance time in excess of three (3) hours be carried over to a subsequent day.
(3) A trial which is completed in less than three (3) hours shall be deemed to entail "one day" of credit if it is in all other respects a testimonial proceeding under LR83.11 and if the applicant gave an opening statement and/or closing argument in the trial.
D.A.C.REG.2 OBSERVATION UNITS (Local Rule 83.11)
Promulgated by the District Admissions Committee as an interpretive guide to observation units as set forth in LR83.11.
A. Basic requirements for receiving credit for an observation unit
An applicant will be entitled to receive credit for an observation unit pursuant to LR83.11 if, in conjunction with a trial involving testimonial proceedings in a state or federal court within the scope of LR83.11 of the Local Rules of this Court and which constitutes as qualifying trial within the scope of LR83.11 of the Local Rules of this Court, he or she, at the time of the submission of the application:
(1) was supervised in the observation of the trial by counsel for one of the parties;
(2) became familiar with the factual and legal issues;
(3) attended a substantial amount of the court sessions during trial;
(4) observed any opening and closing arguments;
(5) observed a substantial portion of the direct testimony and cross examination presented by all parties;
(6) consulted with the supervising attorney from time to time; and
(7) is a member in good standing of the bar of this court.
B. Requirements for supervising attorney
The supervising attorney shall be required to complete an observation affidavit on behalf of the applicant attesting to the fulfillment of the above requirements and specifying certain other information regarding the trial which was the basis for the supervision. The supervising attorney must, at the time of the supervision, have been either admitted as a member of the trial bar of the Court or, should the supervision have taken place prior to such admission of the supervising attorney, give evidence of the equivalent of four (4) participation units achieved by affiant prior to the supervision activity.
C. "Substantial" defined
The term "substantial," as used in paragraph A(3) and A(5) of this Regulation, is defined as at least fifty (50) percent of the court sessions and fifty (50) percent of the direct testimony and cross examination except that, if the trial lasted less than three (3) days, the term "substantial" shall be defined as having attended all court sessions and having observed all of the testimony presented.
D. Supervising attorneys: no renumeration, limit on numbers supervised
There shall be no remuneration for supervising applicants for observation units, and the ratio of applicants to supervising attorneys shall not exceed three (3) to one (1), unless a greater ratio has been approved in advance by the District Admissions Committee.
D.A.C.REG.3 SIMULATION UNITS (Local Rule 83.11)
Promulgated by the District Admissions Committee as an interpretive guide to simulation units as set forth in LR 83.11.
A. Trial advocacy programs & simulation units: general
A trial advocacy program will qualify a participant for simulation credit pursuant to LR83.11 if the focus of the program is experiential in accordance with paragraphs B and C below, with any lecture being incidental thereto and, in any event, comprising less than 25% of the program hours.
B. Standards for trial advocacy programs
In general, to qualify the applicant for simulation unit credit, the trial advocacy program should, with respect to each unit of credit:
(1) provide the following hours of classroom or courtroom instruction:
(a) 24 hours in the case of a continuing education pro-gram for practicing lawyers; or
(b) 40 hours in the case of a law school program for second or third year law students.
(2) provide each participant the opportunity to do opening statements, closing arguments, direct and cross examination, and introduction of exhibits.
(3) provide each participant the opportunity to conduct one mock trial with a maximum of two participants on each side in which each participant examines at least one witness and gives an opening or closing argument.
(4) provide a ratio of participants to full-time or part-time instructors -of not more than ten to one (10:1).
C. Approval of simulation unit in certain instances where trial advocacy program does not meet the standards
If a trial advocacy program does not meet the standards set forth in paragraph B above, an applicant, nonetheless, may be entitled to a simulation unit if it is demonstrated to the satisfaction of the District Admissions Committee, or a subcommittee thereof, that the program fulfills the objectives of providing the applicant with substantial hands-on experience in the phases of a trial set forth in paragraph B (2) above under competent supervision. In particular, the Committee, or a subcommittee thereof, shall consider the relationship between the hours of instruction and the participant/faculty ratio, the number of student presentations, the experience of the instructors, the syllabus for the program, and the quality of the instructional materials.