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IBA: Pro Hac Vice Reporting Deadline Rapidly Approaching

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By, Kevin McGoff & Meg Christensen, Bingham McHale, LLP
 

McGoff Kevin McGoff
christensen-margaret-mug Christensen

As 2011 dawns, with the year end accounting done and the pie generously sliced, it is time to ramp up for another year. Many attorneys pause to take a breath, having just completed the 2010 CLE requirements with a New Year’s Eve video marathon. So long as the Supreme Court dues are paid, it is time to go back to practicing law and leave the pesky administrative tasks till the end of summer. However, there is one more obligation lurking during the month of January for those Indiana lawyers serving as co-counsel with out of state attorneys. They must ensure the out of state attorneys renew their pro hac vice admissions. Failure to do so has potentially disastrous consequences for the Hoosier practitioner.

Indiana Rule of Admission and Discipline 3, Section 2(a)(c) requires renewal of temporary admissions as follows:

If an attorney continues to appear on the basis of a temporary admission in any case pending as of the first day of a new calendar year, the attorney shall pay a renewal fee equal to the annual registration fee set out in Admission and Discipline Rule 2(b). This renewal fee shall be due within thirty (30) days of the start of that calendar year and shall be tendered to the Clerk of the Supreme Court, accompanied by a copy of the Notice of Temporary Admission for each continuing proceeding in which a court has granted permission to appear.

Out of state attorneys who fail to properly renew their temporary admissions “shall” be automatically excluded from practice in Indiana pursuant to the Rule until the default is corrected. Moreover, the Rule requires the “[i]f the proceeding has concluded or if the attorney has withdrawn his or her appearance, the attorney must so notify the Clerk of the Supreme Court by the deadline for renewal of registration.”

In addition to being jointly responsible for all briefs, papers, and pleadings filed in cases litigated along with their out of state counterparts, Ind. R. Admis. Disc. (3), Sec. 2(d); In re Wilkins, 782 N.E.2d 985, 987 (Ind. 2003), wherein Indiana counsel was sanctioned for content of brief drafted by out of state attorney, Indiana attorneys serving as local co-counsel also bear responsibility to ensure out of state counsel fulfill Indiana’s rules governing temporary admissions. Do not leave compliance to the out of state lawyer.

The Indiana Supreme Court recently issued a private reprimand to an Indiana attorney for assisting in the unauthorized practice of law when he filed an appearance with a Kentucky attorney who was not properly admitted in this state. The non-admitted Kentucky attorney appeared in court and took depositions. In re Anonymous, 932 N.E.2d 1247, 1249-1250 (Ind. 2010). The Court explained in its September 3, 2010 opinion that “[t]he failure of out-of-state attorneys and their Indiana co-counsel to comply with the rule governing temporary admission is neither trivial nor rare.” Id. at 1250. Last year, over 600 notices of automatic exclusion from practice were issued. According to Paula Cardoza, Staff Attorney for the Division of the Supreme Court Administration, 187 attorneys sought relief from automatic exclusion in 2010. The Court stated in Anonymous that “[t]he need for this would be nearly eliminated if all Indiana co-counsel complied with their ethical duty to ensure that attorneys granted temporary admission in Indiana comply with Admission and Discipline Rule 3(2).” Id.

The attorney sanctioned received a private reprimand, but was also required to pay the costs of the disciplinary proceeding. With respect to the sanction imposed, the Court warned that a private reprimand was appropriate “under the circumstances of this case. However, Indiana attorneys serving as local counsel for out-of-state attorneys are hereby advised of the importance of their duty to ensure complete and timely compliance with all the requirements of Admission and Discipline Rule 3(2). Indiana attorneys who neglect that duty in future cases may be subject to more stringent discipline, and out-of-state attorneys who fail to comply with this rule may be sanctioned for the unauthorized practice of law in this state.” Id. at 1250. Lawyers working with attorneys not licensed in this jurisdiction need to be aware of, and meticulously follow the pro hac vice rules.

According to, Darla Little, the Roll of Attorneys Administrator, on December 1, 2010, the Indiana Roll of Attorneys sent 1,468 reminders to out of state attorneys to renew their admissions. Indiana co-counsel does not receive copies of these reminders. In light of the consequences for failing to ensure compliance with Admission and Discipline Rule 3, Section 2, Indiana attorneys should review the Rule’s requirements and ensure compliance by any out of state co-counsel. This is also a good time to verify and ensure that any out of state co-counsel who withdrew from a case in 2010, or whose Indiana litigation concluded in 2010 have reported those facts to the Clerk of the Indiana Supreme Court in order to avoid an automatic exclusion from future practice in this state.

Indiana Attorneys can now pay their annual licensing fees and/or change their contact information with the Roll of Attorneys online at: http://hats2.courts.state.in.us/att_web_06/att_inp.jsp, but out of state attorneys must send their notices and submit their registration fees the old fashioned way. Out of state attorneys should send a letter referencing their temporary admission numbers, listing all cases and cause numbers in which they have appearances on file, attaching the applicable Notice of Temporary Admission, and enclosing a check for $130.00 to:

Attn. Darla Little

Clerk of the Supreme CourtRecords Division

Roll of Attorneys

402 West WashingtonRoom W062

Indianapolis, Indiana 46204

With respect to cases which have concluded or from which an out of state attorney has withdrawn, the letter should simply advise the Clerk of the attorney’s temporary admission number, the case name and cause number under which he or she was admitted, and some documentary evidence of the conclusion of the case or the attorney’s withdrawal.

The rules governing the administration of pro hac vice admissions have been revised over the years. Although compliance is relatively easy, this deadline does not get logged on every To Do List. Take a moment and review your list of cases to be sure you – and the out of state counsel relying upon your knowledge and experience in Indiana law and procedure – pay the fees and file the requisite paperwork.•

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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