IN · rules
Ind. Prof. Cond. Rule 3.9
Advocate in Nonadjudicative Proceedings
Effective January 1, 2005
A lawyer representing a client before a legislative body or administrative agency in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity and
shall conform to the provisions of Rules 3.3(a) through (c), 3.4(a) through (c), and 3.5.
Comment
[1] In representation before bodies such as legislatures, municipal councils, and executive and administrative agencies acting in a rule-making or policy-making capacity, lawyers present facts, formulate issues and advance argument in the matters under
consideration. The decision-making body, like a court, should be able to rely on the integrity of the submissions made to it. A lawyer appearing before such a body must deal with it
honestly and in conformity with applicable rules of procedure. See Rules 3.3(a) through
(c), 3.4(a) through (c) and 3.5.
[2] Lawyers have no exclusive right to appear before nonadjudicative bodies, as they do
before a court. The requirements of this Rule therefore may subject lawyers to regulations
inapplicable to advocates who are not lawyers. However, legislatures and administrative
agencies have a right to expect lawyers to deal with them as they deal with courts.
[3] This Rule only applies when a lawyer represents a client in connection with an official
hearing or meeting of a governmental agency or a legislative body to which the lawyer or
the lawyer's client is presenting evidence or argument. It does not apply to representation
of a client in a negotiation or other bilateral transaction with a governmental agency or in
connection with an application for a license or other privilege or the client's compliance
with generally applicable reporting requirements, such as the filing of income-tax returns.
Nor does it apply to the representation of a client in connection with an investigation or
examination of the client's affairs conducted by government investigators or examiners.
Representation in such matters is governed by Rules 4.1 through 4.4.
Transactions with Persons Other than Clients
Provenance
- Source
- rules.incourts.gov
- Retrieved
- 2026-10-02
- Edition
- supplied-in-22-2024-10-01
- Content hash
87d2833b29afd5a9e3b5831bc0651a5a15a3dae07491ebda3e016f445d9e047c
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