You are an out-of-state attorney with a client who has to foreclose on the property within Indiana. You're not the license for the state practice, and nobody in your company is licensed in Indiana. You do not want to abandon control of the case, but want to be the representative for your long-term customers in their important matter. What you need is to be admitted pro hac vice in Indiana courts.
More Latin. "Pro hac vice" means in English "for this turn, for this onetemporary event. "Black's Law Dictionary. In the legal context, the term refers to the limited admission to a court in practice.
Indiana procedural rule. Admission pro hac vice shall be decided by the Indiana Rules for Admission to the Bar, and the discipline of lawyers, including in particular Article 3, which was amended from 1 January 2007.
7 of tires. Indiana rules require prospective pro hac vice admitees by a series of hurdles. Submissions are welcomeneeded both with the Clerk of the Indiana Supreme Court and in the appropriate trial court. Here is what needs to be done:
1. Hire a member of the Bar of the State of Indiana, to ensure a co-counsel and that he or she makes an appearance on file.
2. Pay the clerk of the Indiana Supreme Court, a filing fee of 105 U.S. dollars. See Article 2 (b). (The participation fee must be completed annually until the proceedings are paid.)
3. Enter the employee with a copy of the Verified Petitionfor temporary admission to be filed with the trial court.
4. Procure from the Clerk stage a temporary attorney number and payment.
5. File a Verified Petition for temporary use with the trial court, co-funded by Indiana co-counsel, the continuation of the nine specific factors mentioned in Article 3, § 1 (a) (4) articulated signed.
6. Get a of the trial court to grant the petition considered.
7. File with the Clerk of the Indiana Supreme Courtdetermine that a statement of good standing of the highest court in any country in which the lawyer is a lawyer, a copy of the petition verified requested temporary license and issued a copy of the petition for the grant of the practice.
Further processing of the case. Once these steps are met, can a lawyer file appearance before the trial court. Respect of Article 3 § 1 (d), however, which requires that all papers filed in the claim co-signed by theIndiana co-counsel. On the other hand, unless the trial court ordered, local consultants should not be personally present for court appearances.
Please e-mail me for a. Pdf excellent article titled "Taking the vice out of pro hac vice: the temporary and Local Counsel" from the October 2006 issue of Res Gestae, the official publication of the Indiana State Bar Association . Donald R. Lundberg, Executive Secretary of the Indiana Supreme Court's Disciplinary Commissionthe author. The article describes the 1st January 2007 amendments to the rules. It also explains why Indiana co-counsel not a "potted plant," but we must also play an important role in the case, especially with written submissions can. In response to those who believe that Indiana procedural requirements for admission pro hac vice can be stressful, Mr. Lundberg makes a great point: "Would you rather take the bar exam?"
The General and the lieutenant. My standard approach to servingas a local consultant is on the philosophy that, as in most cases, there must be a general and a lieutenant based. Someone - an individual - should be free, and others should follow that person orders. Otherwise, the "too many cooks in the kitchen" syndrome develops, followed by a lower efficiency and higher costs to customers. Usually, but not always, my main task as a local adviser to the out-of-state attorney - the support of Lieutenant - regardless of age or experiencethe non-Indiana lawyer. Most good local consultants put their ego aside and do as little (or as much) as lead counsel wants. For me, the main objective of any out-of-state should lead to be a lawyer to hire a responsive and cost effective role-players with local knowledge of the rules and procedures. Certainly, I am always ready, willing and able to be lead counsel, and there are times when the referring lawyer hired me to serve in that capacity. But most of the time, out-of-state generaljust a local lieutenant, that's fine with me.
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