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  3. Guide for Out‑of‑State Attorneys Volunteering with Delaware Volunteer Legal Services
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Guide for Out‑of‑State Attorneys Volunteering with Delaware Volunteer Legal Services

Confirm Eligibility

To be eligible, an attorney must:
✔ Be admitted in another U.S. jurisdiction Your document states that attorneys admitted to practice in other jurisdictions may be permitted to practice for DVLS matters.
✔ Be associated with Delaware Volunteer Legal Services
✔ Certificate of Good Standing and Be of good character and reputation Rule 42 requires that the attorney be “of good character and reputation” and admitted before the highest court of another state or D.C.
✔ Practice under supervision of a Delaware‑licensed attorney DVLS must ensure the attorney operates under the general supervision of a Delaware lawyer in good standing. (Executive Director)

Complete Required Applications (Two Separate Applications)

A. Apply for permission under Board Rule 42

The Board requires completion of the application for permission to practice pursuant to Board Rule 42. application for permission to practice pursuant to Board Rule 42.
B. Complete the Delaware Bar Examination Application https://www.bbede.org/Security/SignIn.aspx
Attorneys must also complete the Application to Sit for the Delaware Bar Examination, including all required documents — except if practicing without compensation (i.e., volunteer).

Submit the Required Documents Under Rule 43

Rule 43 lists the mandatory documents that must be filed before an attorney can practice under Rule 42:

✔ (a) Application form supplied by the Board
✔ (b) Certificate of good standing A certificate from the court where the attorney is admitted showing good standing.
✔ (c) Character certificate from a Delaware attorney (10+ years admitted) A Delaware Bar member with at least 10 years’ admission must certify the attorney has good character and competent legal ability. (DVLS Executive Director can do this if necessary)
✔ (d) Affidavit from DVLS -DVLS must attest that the attorney is currently associated with the program.

Take the Required Oath and Be Introduced to the Supreme Court

Under Rule 51:

✔ Must be introduced to the Delaware Supreme Court by a member of the Delaware Bar (DVLS Executive Director)
✔ Must take the required oath or affirmation

Observe Limitations on Compensation

Attorneys practicing under Supreme Court Rule 55:

✔ May not accept or request compensation from clients
DVLS volunteer work is strictly uncompensated.

Maintain Eligibility and Certification

✔ Permission to practice ends if the attorney is no longer associated with DVLS

DVLS must file notice within 5 days if the attorney ceases association.

Understand Status Limitations

✔ Attorneys practicing under Rule 55 are not members of the Delaware Bar

They also may not represent themselves as Delaware attorneys.

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