Rule 46. Representation
(a) Admission of Attorneys to Practice.
(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 territory, possession, or commonwealth of the United States, and is in good standing therein, may be admitted to the bar of this Court upon application.
(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 prescribed 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 subparagraph (1). A current court certificate is one executed within three months preceding the date of the filing of the application.
(b) Admission of Non-attorney Practitioners to Practice. A non-attorney of good moral character and repute
(1) under the direct supervision of an attorney admitted to the bar of the Court, or
(2) employed by an organization which 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 prescribed fee (payable by check or money order). In making the certification in subparagraph (2), 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 non-attorney to appear on behalf of a party or amicus for the purposes of a particular case. See also Rule 8 of the Rules of Admission and Practice.
(d) Representation Requirements.
(1) Practitioner defined. A person who has been admitted to practice under subsections (a) or (b) or has been permitted to appear under subsections (c) of this Rule 46 is referred to in this subsection (d) as a practitioner.
(2) Appearance. No practitioner may appear on behalf of a party or amicus in any proceedings in a case without first filing:
(A) a written notice of appearance in the detail prescribed by Form 3 in the Appendix of Forms; and
(B) a copy of the fee agreement if the practitioner is representing an appellant or petitioner or intervenor, unless the representation is without charge to that party. If the agreement provides for direct payment out of past-due benefits under 38 U.S.C. §5904, a copy must be served on the Secretary.
An appearance may not be made in the name of a law firm or other organization.
(3) Papers filed by a non-attorney. Each paper filed by a non-attorney practitioner must include the name, address, and signature of the responsible supervising attorney under Rule 46(b)(1) or the identification of the employing organization under Rule 46(b)(2).
(4) Withdrawal. A practitioner may withdraw from a case by filing a notice stating that the party has consented to the withdrawal, if another practitioner has previously entered an appearance on behalf of the party. 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) assures 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 and self-represented party must notify the Clerk and all other parties of any change of his or her address or telephone number. Absent such notice, the mailing of documents to the address most recently provided by that person will be fully effective.
(6) Limited representation. This Rule 46(d) does not apply when a practitioner files a Notice of Appeal on behalf of an appellant and specifies that the representation is limited to that filing.
(7) Subsections (2)(B), (4), (5), and (6) of this Rule 46(d) do not apply to practitioners representing the Secretary.
(e) (Rescinded)
(f) Appearance by Law Students.
(1) 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 this Court.
(2) An eligible law student may participate in the preparation of briefs and other documents to be filed in this 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 shall assume personal professional responsibility for the law student's work and for supervising the quality of his or her work. The attorney should be familiar with the case and prepared to supplement or correct any written or oral statement made by the student.
(3) 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 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 of 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, 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.
(g) Self-representation. Any appellant, petitioner, or intervenor may be self-represented before the Court.
(As amended Mar. 18, 1999, eff. May 1, 1999.)
Limited Appearances
Order of the United States Court of Appeals for Veterans Claims, dated Mar. 18, 1999, provided that:
"This Court's Rules of Practice and Procedure, as changed effective May 1, 1999, permit a limited appearance by a practitioner only for the purpose of filing a Notice of Appeal. It is
"ORDERED that, notwithstanding the foregoing restriction, a staff attorney of a pro bono representation program operating under a grant or contract made in connection with the authority first provided in