Ind. Admission & Discipline Rule 6.2

Effective January 1, 2020

Section 1. General Regulation as to Licensing.

In its discretion, the Supreme Court may admit and authorize to practice in Indiana as a pro

bono publico attorney an applicant who:

(a) possesses the good moral character and fitness to practice;

(b) intends to provide legal services free of charge to persons of limited means through a

pro bono or other legal service organization eligible for fee waiver under IC 33-37-3-2(b);

and

(c) either:

(i) was an active member in good standing in Indiana, but who is currently registered

as inactive or retired under Rules 2(c) or (d), respectively; or

(ii) has been admitted to practice law in the highest court of law in any other state (as

defined in Rule 6, section 1), and who is in good standing and has no pending disciplinary proceedings in each state of admission.

(d) As used in clause (c)(ii), “good standing” shall mean having been an active member of

the bar of another state and currently holding a law license in that state as an active, inactive, or retired member.

Section 2. Proof Required.

An applicant under this Rule shall file with the State Board of Law Examiners:

(a) if inactive good standing or retired from Indiana, an affidavit of intent to be devoted

solely to the provision of pro bono legal services; or

(b) if admitted in any other state, a certificate from the highest court of law in that state,

certifying as to the applicant's admission to practice and the date thereof, and as to his or

her good standing as such attorney, and an affidavit of intent to be devoted solely to the

provision of pro bono legal services; or

(c) if admitted pursuant to a Business Counsel License, pursuant to Rule 6 Section 2, an

affidavit that any legal services not devoted to his/her business counsel license will be

exclusively pro bono legal services.

Section 3. Scope of Practice.

A person licensed to practice as a pro bono publico attorney under this Rule:

(a) may appear before a court or tribunal of this jurisdiction, prepare legal documents,

render legal advice and provide other pertinent legal services free of charge to persons of

limited means through a pro bono or other legal assistance organization.

(b) shall indicate the following immediately adjacent to the lawyer’s name on any appearance and other document filed with a court or other tribunal or on any legal document

requiring an indication of the name of the preparer: “Authorized pursuant to Admission

and Discipline Rule 6.2.”

A pro bono publico attorney shall not hold himself or herself out as an active member of the

bar of Indiana.

Section 4. Rights and Obligations.

A person licensed as a pro bono publico attorney under this Rule shall be considered a lawyer affiliated with the bar of this State and shall be entitled and subject to:

(a) the rights and obligations set forth in the Indiana Rules of Professional Conduct, most

specifically reporting requirements of Prof.Cond.R. 6.7(a)(1), or arising from the other conditions and requirements that apply to a member of the bar of Indiana under the Indiana

Rules of Court; and

(b) the rights and obligations of a member of the bar of Indiana with respect to attorney-client privilege, work product privilege and similar professional privileges.

(c) complete no fewer than three (3) hours of Approved Continuing Legal Education

Courses within each year he or she practices under this rule. At least one (1) of those

hours must include professional responsibility.

Section 5. Disciplinary Provisions.

A person licensed to practice as a pro bono publico attorney under this Rule shall be subject

to professional discipline in the same manner and to the same extent as members of the bar

of Indiana; therefore, every person licensed to practice as a pro bono publico attorney under

these Rules:

(a) shall be subject to control by the Supreme Court and to censure, suspension, removal

or revocation of his or her license to practice by the Supreme Court and shall otherwise be

governed by the Admission and Discipline Rules; and

(b) shall execute and file with the Supreme Court, in such form and manner as such court

may prescribe:

(i) his or her commitment to observe the Rules of Professional Conduct and the Indiana Rules of Court; and

(ii) a written undertaking to notify the court of any change in such person's good standing as a member of the bar of any other state.

Section 6. Application and Renewal Fees.

An applicant for a license as a pro bono publico attorney under this Rule shall not be

required to pay any fee other than that which is required by other rules herein.

Section 7. Admission to Bar.

In the event that a person licensed as a pro bono publico attorney under this Rule is subsequently admitted as a member of the bar of Indiana under the provisions of the Rules governing such admissions, the license granted to such person hereunder shall be deemed

superseded by the license granted to such person to practice law as a member of the bar of

Indiana.