Ind. Marion Cnty. Prob. Local Rule LR49-PR00 RULE 402

ATTORNEY

402.1 Representation Required. Every personal representative and guardian of an estate must

be represented at all times by an attorney of record.

402.2 Fee Agreements. If a disagreement arises with regard to attorneys’ fees, the Court will

consider a written contract or countersigned engagement letter as evidence of the fee agreement

between the parties. All fiduciaries in supervised estates and guardianships shall be informed by

counsel that fees to the attorney and fiduciary are subject to final court approval prior to

payment.

402.3 Supervision and Guidance. An attorney for a fiduciary is required to reasonably

supervise and guide the actions of the fiduciary unless and until said attorney is permitted by

order of the Court to withdraw from representation of the fiduciary.

402.4 Attorney Notice of Possible Non-Compliance. An attorney for a fiduciary is required to

notify the Court in the event the fiduciary is improperly performing his or her fiduciary duties to

the protected person, creditors and beneficiaries of the estate. The notice and required proposed

Order shall be substantially in accordance with the form of MSCPR Form 402.4. By the

required signing of the Court’s Instructions as provided in MSCPR 412, the fiduciary shall be

deemed to have given his or her informed consent to waive the attorney-client privilege as to the

filing of the notice and no other Order of the Court regarding such waiver shall be required or

issued by the Court. Upon receipt of the notice, the Court will set the matter for hearing and

require the fiduciary to personally appear and account to the Court for all actions taken or not

taken by the fiduciary. At the hearing, the attorney shall not be required to testify as to the

actions of the fiduciary unless the attorney believes that the fiduciary has committed perjury. In

the event of an occurrence within the scope of the first sentence of this MSCPR 402.4, the Court

deems that Rule 1.6 (b) of the Indiana Rules of Professional Conduct requires the attorney to

testify as the Court directs.

402.5 Fiduciary Notice of Possible Non-Compliance. A fiduciary is required to notify the

Court in writing in the event the attorney for the fiduciary is not timely performing or improperly

performing his or her duties to reasonably supervise and guide the actions of the fiduciary. Upon

receipt of the notice, the Court will set the matter for hearing and require the attorney for the

fiduciary to personally appear and account to the Court for all actions taken or not taken by the

attorney. The Court reserves the right to require the attorney to undertake certain actions and to

take the performance of the attorney on behalf of the estate into consideration in ruling upon any

request by the attorney for fees and expenses.

402.6 Liability Unaltered. Nothing stated in these Rules shall be considered as altering the

liability imposed on the personal representative by I.C. 29-1-16-1.