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1. PRACTICE

Simply put, I am able to provide legal research & writing services to Indiana attorneys because you, the hiring attorney, will continue to actively represent your client.

First, a word from the Seventh Circuit Court of Appeals:

[N]othing in the Indiana Rules of Professional Conduct even hints at the radical notion that the Indiana Supreme Court set out to destroy the interstate practice of law through its Rules of Professional Conduct.  Quite to the contrary, the Indiana rules make provision for appearances of members of the bar of other states, territories, or the District of Columbia, so long as the lawyer appears with local counsel.

Freeman v. Mayer, 95 F.3d 569, 574 (7th cir. 1996) [emphasis added].

The Indiana Rules of Professional Conduct, in relevant part, read as follows:

(c) A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services on a temporary basis in this jurisdiction that:

(1) are undertaken in association with a lawyer who is admitted to practice in this jurisdiction and who actively participates in the matter[.]

Indiana Rules of Prof. Conduct, Rule 5.5(c)(1).

Comment [8] to Rule 5.5(c)(1) further clarifies that

Paragraph (c)(1) recognizes that the interests of clients and the public are protected if a lawyer admitted only in another jurisdiction associates with a lawyer licensed to practice in this jurisdiction. For this paragraph to apply, however, the lawyer admitted to practice in this jurisdiction must actively participate in and share responsibility for the representation of the client.

Indiana Rules of Prof. Conduct, Rule 5.5, Cmt. 8.

• By definition, as the hiring attorney, you will be "actively participat[ing] in and shar[ing] responsibility for the representation of the client" before the Indiana courts, thereby safeguarding the interests of the client, the public, and the courts of your state. I will only be performing the background "grunt work" of reading, researching and cite-checking relevant case law to ensure that your clients have the strongest legal arguments on their side.

• Similarly, pro hac vice admission is not required because I will not be conducting any activities in another jurisdiction without the direct supervision of an attorney licensed in that jurisdiction.

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2. BILLING CLIENTS IN INDIANA

Indiana's Rules of Professional Conduct do allow a local attorney to divide fees with an out-of-state attorney.  However, I  recommend the simpler approach for attorneys who bill their clients by the hour:

     (1) bill the client directly for my hourly rate, then

     (2) charge the client your normal rate for the time you spend reviewing or otherwise supervising my work. 

Thus, (1) you recoup all of your costs for using my services, (2) you save time, and (3) the client saves money.

Additionally, you should obtain your client's informed, written consent to both (1) the working arrangement and (2) the fee for legal services being billed to the client.  This is easily accomplished by using a straightforward disclosure form like the one that can be found here.

Back to Ethics FAQ

George Schuhmann, Attorney-at-Law -- 3107 Lowell Avenue, Louisville, KY  40205 -- (502) 439-3766. 

Disclaimer: Nothing on this website should be construed as legal advice or as creating an attorney-client relationship.