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Law360 (August 12, 2020, 8:08 PM EDT ) Delaware's Supreme Court on Wednesday adopted a limited practice privilege, including making supervised court appearances, that enables many applicants for the 2020 bar exam to begin their legal careers after the coronavirus pandemic led to the cancellation of this year's exam.
Under the court's order, eligible applicants will be able to participate "in a variety of legal activities, including court appearances, under the supervision of an experienced Delaware lawyer until the 2021 Delaware bar exam is administered," according to a statement from the court. Such activities include preparing documents, negotiating settlements, representing clients in mediation proceedings and giving legal advice, according to the order.
"The court expresses its appreciation to the Board of Bar Examiners for developing the interim practice privilege," Chief Justice Collins J. Seitz Jr. said. "It is our hope that many Delaware bar applicants can take advantage of this opportunity and get started with their legal careers while we continue to deal with the COVID-19 pandemic."
The limited practice privilege is intended to lessen the effect of the bar exam's cancellation on applicants, the statement said.
Late last month, Chief Justice Seitz announced that the 2020 bar exam, scheduled for Sept. 9-11 at the state fairgrounds, was cancelled due to coronavirus concerns.
The exam had already been postponed due to the public health crisis and was then set to be moved from its usual location at the Widener University Delaware Law School in New Castle County to the fairgrounds in Harrington, Kent County. The move was prompted by heightened security measures required for the pandemic, the board said previously.
However, the cancellation announcement noted that nearly 60% of those who applied to take this year's exam are from out of state, including locations currently considered COVID-19 hot spots or subject to quarantine requirements.
Under the order approved by the court Wednesday, to be eligible for the limited practice privilege, applicants must have submitted a "timely application for admission to the Delaware bar in 2020" that was accepted by the board and was not withdrawn as of July 24.
Also, those eligible for the limited practice privilege must not have failed the Delaware bar exam two or more times and "must pass a character and fitness investigation," Wednesday's statement said. They also must select a qualified supervising attorney.
Applicants will be notified if they are eligible for limited practice certification and will take an "oath or affirmation" before the certificate is issued, according to the order.
--Editing by Adam LoBelia.
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