A Warning about Temporary Admissions

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September 7, 2010

On September 3, 2010, the Indiana Supreme Court issued a warning to all attorneys in Indiana regarding their supervision over out-of-state attorneys in In re Anonymous, 932 N.E.2d 1247 (Ind. Ct. App. 2010), Case No. 10S00-1006-DI-288. This case was a disciplinary matter regarding an Indiana attorney who did not ensure that his Kentucky co-counsel followed the procedures for obtaining temporary admission. The Court agreed to give a private reprimand, but warned Indiana's attorneys as follows:

The failure of out-of-state attorneys and their Indiana co-counsel to comply with the rule governing temporary admission is neither trivial nor rare. Thus far in 2010, the Clerk has issued over 600 notices of automatic exclusion from practice, and this Court has entered orders granting relief from automatic exclusion to over 140 out-of-state attorneys. The need for this would be nearly eliminated if all Indiana co-counsel complied with their ethical duty to ensure that attorneys granted temporary admission in Indiana comply with Admission and Discipline Rule 3(2).

...

Indiana attorneys serving as local counsel for out-of-state attorneys are hereby advised of the importance of their duty to ensure complete and timely compliance with all the requirements of Admission and Discipline Rule 3(2). Indiana attorneys who neglect that duty in future cases may be subject to more stringent discipline, and out-of-state attorneys who fail to comply with this rule may be sanctioned for the unauthorized practice of law in this state.

Don't take any chances with your license. Make sure that your out-of-state co-counsel meets the requirements of Rule 3(2).

Brad A. Catlin
Price Waicukauski & Riley, LLC
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