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Justices warn Indiana, out-of-state attorneys

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The Indiana Supreme Court has a warning for attorneys both inside and outside the state: comply with the rules for being admitted to practice here or else.

That “or else” component could mean more stringent discipline for Hoosier attorneys and potential unauthorized practice of law sanctions for those not properly admitted to practice in Indiana.

A per curiam opinion issues that caution today in the case In The Matter of Anonymous, No. 10S00-1006-DI-288, which comes out of Clark County and lodges a private reprimand against a Jeffersonville attorney for violating Professional Conduct Rule 5.5(a) by assisting in the unauthorized practice of law. Specifically, the sanction goes to the Indiana attorneys’ work on a case with a Kentucky attorney who didn’t comply with the state’s temporary admission rules.

The case stems from an incident where a Kentucky resident was injured in a fall at an Indiana restaurant, and that person hired a Kentucky attorney who later brought on a Jeffersonville attorney as local counsel. The out-of-state attorney didn’t seek temporary admission to practice in Indiana and both filed their appearances, though the Kentucky attorney subsequently signed and served answers to interrogatories and took depositions inside Indiana without the Jeffersonville attorney’s knowledge.

After the Kentucky attorney appeared in court for the client, the judge informed the Indiana attorney that his out-of-state colleague wasn’t admitted to practice here. The Hoosier lawyer told his colleague to seek temporary admission and gave him a copy of the applicable admission rule, but neither followed through with that process.

“The participation of Indiana co-counsel in the temporary admission process is of vital importance to this Court’s ability to supervise out-of-state attorneys practicing in this state,” the Supreme Court wrote. “This is no minor or perfunctory duty.”

Noting that not all attorneys seeking temporary admission will be granted that privilege, the justices said that rule compliance is very important and the in-state lawyers can be disciplined if those rules are ignored. But the court pointed out that too many attorneys are not following the rules. More than 600 notices for automatic exclusion for practice have gone out this year so far and the court has granted automatic exclusion relief to more than 140 out-of-state attorneys, the ruling states, noting that many are likely not practicing inside Indiana but hadn’t notified the Appellate Clerk’s Office that a case had concluded or they’d withdrawn.

“The 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),” the court wrote, adding that all Indiana attorneys acting as local counsel for out-of-state lawyers have an ethical obligation to do so. “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.”
 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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