Paralegall Regulation

Indiana

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This information is for educational purposes only. Do not rely on these cases as being the most recent cases. They are here to teach or illustrate a point of law only.

 Rules of Conduct

Paralegal Regulation Confidentiality Conflicts of Interest Competence & Negligence

Attorney discipline

You can find all of the law of the state of Indiana here

NE Paralegal Assn.

Search "Indiana Paralegal Association"

IC 1-1-4-6 defines a paralegal as a person who works under the direction of an attorney in a capacity that involves the performance of substantive legal work that usually requires a sufficient knowledge of legal concepts and would be performed by the attorney in the absence of the paralegal.

Rule 1.6 The Indiana Lawyer had a good article on "Implement a system of checks to avoid Conflicts of Interest" in its June 2013 issue .
UPL UPL/Misrepresentation Attorney/Client Privilege Advertising/Solicitation Client Trust Accounts

Committee of the State Bar

Opinion by Fair Trade Commission on real estate closing and competition

Non-Lawyer selling trusts

Non-Lawyer providing immigration services (State ex rel Indiana State Bar v. Diaz, 838 N.E.2d 433 (Ind. 2005)

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Indiana Code 34-46-3

Communications made to attorneys (and agents) and advice given

Gast v. Hall, 858 N.E.2d 154, 163 (Ind. Ct. App. 2006) (observing that the attorney-
client privilege survives even after the death of the client)

Rules 7.1 - 7.5

Attorney misrepresentation in advertising

Be careful about Yellow Pages ad

Indiana's rules prohibit self-laudatory ads and "quality of the services" statements.

Information about the law on trust accounts
Fair Fees Paralegal Fees Intimate Relations with Clients Drug/Alcohol Abuse Pro Bono
 

Barker v. City of West Lafayette (Ind. App. 10/9/2008) covers many fee issues

Indiana follows the "American Rule" Smyth v. Hester, 901 N.E.2d 25, 32 (Ind. Ct.
App. 2009)

Award fees: Indiana Code section 34-52-1-1

Richlin v. Chertoff 2008 US Supreme Court recovery of paralegal fees

See Indiana Code 1-1-4-6
That specifically states that "attorney's fees" includes paralegal's fees everywhere in the state code

Daimler Chrysler Corp. v. Franklin (2004) paralegal fees not awarded for photocopying and other clerical functions. Find this case www.in.gov

In the Matter of Gole - conduct prejudicial to the administration of justice: Rule 8.4 JLAP

The pro bono Commission

See state law providing for the Civil Legal Aid Fund Indiana Code 33-24-12

Special Duties of the Prosecutor Overly Zealous Conduct Misc.

 

Reporting Misconduct .
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Article on Metadata

Improper to threaten disciplinary action. Matter of Lehman, 861 N.E.2d 708 (Ind. 2007)

Disbarred/suspended lawyers cannot be employed in law offices. Opinion

Disbarred for false tax returns Matter of Lehman (2009)

In the Matter of Haith (2001) Disciplined for DUIs

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