Ind. Admission & Discipline Rule 3

Effective January 1, 2022

Section 1. Admission of Attorneys.

The Supreme Court shall have exclusive jurisdiction to admit attorneys to practice in Indiana.

Admission to practice law by the Court pursuant to Rule 21 shall entitle attorneys to practice

in any of the courts of this state.

Section 2. Temporary Admission on Petition.

(a) Requirements for Temporary Admission on Petition.

Any court of the State of Indiana, in the exercise of discretion, may permit a member of the

bar of another state or territory of the United States, or the District of Columbia, not admitted

pursuant to Rule 21, to appear in a particular case or proceeding, only if the court before

which the attorney wishes to appear or in the case of an administrative proceeding, the

Supreme Court, determines that there is good cause for such appearance and that each of

the following conditions is met:

(1) A member of the bar of this state has appeared and agreed to act as co- counsel.

(2) The attorney is not a resident of the state of Indiana, regularly employed in the state of

Indiana, or regularly engaged in business or professional activities in the state of Indiana.

(3) The attorney has made payment to the Executive Director of the Indiana Office of

Admissions and Continuing Education a case specific registration fee of $300, accompanied by a copy of the Verified Petition for Temporary Admission that the attorney

intends to file pursuant to subdivision (4) below. Upon receipt of the registration fee and

petition, the Executive Director of the Indiana Office of Admissions and Continuing Education will issue a temporary admission attorney number and payment receipt to the attorney seeking admission. If the attorney's verified petition for temporary admission is

thereafter denied, the registration fee shall not be refunded.

(4) The attorney files a certificate of good standing issued within the previous thirty days

by the highest court in each state in which the attorney is admitted to practice law and a

verified petition, co-signed by co-counsel designated pursuant to subdivision (a)(1), setting

forth:

(i) The attorney's residential address, office address, office telephone number, electronic mail address, and the name and address of the attorney's law firm or employer,

if applicable;

(ii) All states or territories in which the attorney has ever been licensed to practice law,

including the dates of admission to practice and any attorney registration numbers;

(iii) That the attorney is currently a member in good standing in all jurisdictions listed in

(ii);

(iv) That the attorney has never been suspended, disbarred or resigned as a result of a

disciplinary charge, investigation, or proceeding from the practice of law in any jurisdiction; or, if the attorney has been suspended, disbarred or resigned from the practice of law, the petition shall specify the jurisdiction, the charges, the address of the

court and disciplinary authority which imposed the sanction, and the reasons why the

court should grant temporary admission not withstanding prior acts of misconduct;

(v) That no disciplinary proceeding is presently pending against the attorney in any jurisdiction; or, if any proceeding is pending, the petition shall specify the jurisdiction, the

charges and the address of the disciplinary authority investigating the charges. An

attorney admitted under this rule shall have a continuing obligation during the period

of such admission promptly to advise the court of a disposition made of pending

charges or the institution of new disciplinary proceedings;

(vi) A list of all cases and proceedings, including caption and case number, in which the

attorney has appeared in any court or administrative agency of this state during the

last five (5) years by temporary admission.

(vii) Absent good cause, repeated appearances by any person pursuant to this rule

shall be cause for denial of the petition. A demonstration that good cause exists for the

appearance shall include at least one of the following:

(a) the cause in which the attorney seeks admission involves a complex field of law

in which the attorney has special expertise,

(b) there has been an attorney-client relationship with the client for an extended

period of time,

(c) there is a lack of local counsel with adequate expertise in the field involved,

(d) the cause presents questions of law involving the law of the foreign jurisdiction

in which the applicant is licensed, or

(e) such other reason similar to those set forth in this subsection as would present

good cause for the temporary admission.

(viii) A statement that the attorney has read and will be bound by the Rules of Professional Conduct adopted by the Supreme Court, and that the attorney consents to

the jurisdiction of the State of Indiana, the Indiana Supreme Court, and the Indiana

Supreme Court Disciplinary Commission to resolve any disciplinary matter that might

arise as a result of the representation.

(ix) A statement that the attorney has paid the registration fee to the Executive Director

of the Indiana Office of Admissions and Continuing Education in compliance with subdivision (a)(3) of this rule, together with a copy of the payment receipt and temporary

admission attorney number issued by the Executive Director of the Indiana Office of

Admissions and Continuing Education pursuant to subdivision (3).

(b) Responsibilities of Attorneys.

Members of the bar of this state serving as co-counsel under this rule shall sign all briefs,

papers and pleadings in the cause and shall be jointly responsible therefore. The signature of

co-counsel constitutes a certificate that, to the best of co-counsel's knowledge, information

and belief, there is good ground to support the signed document and that it is not interposed

for delay or any other improper reason. Unless ordered by the trial court, local counsel need

not be personally present at proceeding before the court.

(c) Failure to Register, or Otherwise Perform as Required.

Any foreign attorney who fails to register or pay the registration fee as required under subsection (a) shall be subject to discipline in this state. Members of the bar of this state serving

as co-counsel under this rule shall be subject to discipline if the attorney admitted under this

rule fails to pay the required fees or otherwise fails to satisfy the requirements of this rule.

The amendments apply only to requests for Temporary Admission on Petition filed on or

after January 1, 2022.

If an attorney has been granted temporary admission status in a case prior to January 1,

2022, the attorney need not pay a renewal fee in that case. For cases initiated after January 1,

2022, an attorney must pay the temporary admission registration fee for each case.

If more than one (1) attorney from one firm is appearing pursuant to a Temporary Admission

on Petition in a particular case or proceeding on behalf of the same client, each attorney

appearing nevertheless has an individual obligation to comply with the Rule as amended.