Indiana

Rule 5.5 MJP/UPL Current

(a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.

(b) A lawyer who is not admitted to practice in this jurisdiction shall not:

(1) except as authorized by these Rules or other law, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law; or

(2) hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction.

(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;

(2) are in or reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction, if the lawyer, or a person the lawyer is assisting, is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized;

(3) are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in this or another jurisdiction, if the services arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice and are not services for which the forum requires pro hac vice admission; or

(4) are not within paragraphs (c)(2) or (c)(3) and arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice.

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

(1) are provided to the lawyer’s employer or its organizational affiliates and are not services for which the forum requires pro hac vice admission; or

(2) are services that the lawyer is authorized to provide by federal law or other law of this jurisdiction.

Comments to Rule 5.5

In-House Counsel Rule

Pursuant to Indiana Rules of Court Rule 6 Section 2, a person who has been admitted to practice law in the highest court of law in any other state who becomes a resident of Indiana to accept or continue employment by a person or entity engaged in business in Indiana other than the practice of law, whose practice complies with Section 1(a)(ii), and is, or will be, devoted solely to the business of such employer, and who receives, or will receive, his or her entire compensation from such employer for applicant’s legal services, may be granted a business counsel license to practice law in Indiana, without examination, as long as the criteria delineated in Section 2 are met.

Pro Hac Vice

Rule 3 allows for temporary admission on petition.

Please see Sections 1 and 2.

Admission on Motion

Admission and Discipline Rule 6 governs Admissions on Foreign License. The Indiana State Board of Law Examiners is charged with the responsibility of overseeing the admission of attorneys from other states seeking to be admitted in Indiana without taking the bar examination. A five-member committee of the Board of Law Examiners reviews foreign license applications. If approved, a personal interview before a member of that committee is required. If the committee is not unanimous in approval, a personal interview before the full Board and approval is required before admission is approved.

Further Instructions and Application/Forms

Contact

Indiana State Bar Association
One Indiana Square, Suite 530
Indianapolis, IN 46204
Voice (317) 639-5465
Toll Free (800) 266-2581
Fax (317) 266-2588
Email: isbaadmin@inbar.org