CHAPTER 1. PRACTICE OF LAW BY ATTORNEYS
IC 33-43
ARTICLE 43. PRACTICE OF LAW
IC 33-43-1
Chapter 1. Practice of Law by Attorneys
IC 33-43-1-1
Oath
Sec. 1. (a) A person, before proceeding to discharge the duties ofan attorney, shall take an oath to:
(1) support the Constitution of the United States and theConstitution of the State of Indiana; and
(2) faithfully and honestly discharge the duties of an attorney atlaw.
(b) The oath taken under subsection (a) must be entered in theorder book of the court.
As added by P.L.98-2004, SEC.22.
IC 33-43-1-2
Court list of attorneys
Sec. 2. At each term of the court, the clerk shall furnish the courtwith a list of the names of all attorneys having business in that court.
As added by P.L.98-2004, SEC.22.
IC 33-43-1-3
Duties
Sec. 3. An attorney shall do the following:
(1) Support the Constitution and laws of the United States andof Indiana.
(2) Maintain the respect that is due to the courts of justice andjudicial officers.
(3) Only counsel or maintain actions, proceedings, or defensesthat appear to the attorney to be legal and just. However, thissubdivision may not be construed to prevent the defense of aperson charged with a crime.
(4) Employ, for the purpose of maintaining the causes confidedto the attorney, only those means that are consistent with truthand never seek to mislead the court or jury by any artifice orfalse statement of fact or law.
(5) Maintain inviolate the confidence and, at every peril to theattorney, to preserve the secrets of the attorney's client.
(6) Abstain from all offensive personality, and to advance nofact prejudicial to the honor or reputation of a party or witness,unless required by the justice of the cause with which theattorney is charged.
(7) Not to encourage either the commencement or thecontinuance of an action or proceeding from any motive ofpassion or interest.
(8) Never to reject, from any consideration personal to theattorney, the cause of the defenseless or oppressed. (9) To promptly account to and pay over to a client any moneycoming into the hands of the attorney to which the client islawfully entitled.
(10) To abstain from direct or indirect solicitation ofemployment to institute, prosecute, or defend against any claim,action, or cause of action.
As added by P.L.98-2004, SEC.22.
IC 33-43-1-4
Authority
Sec. 4. Until superseded by another attorney or discharged, anattorney may do the following:
(1) Bind the attorney's client in an action or a specialproceeding, by the attorney's agreement that is either filed withthe clerk or entered upon the minutes of the court.
(2) Receive money claimed by the attorney's client during thependency of an action or a special proceeding.
(3) Discharge a claim or acknowledge satisfaction of ajudgment after the money claimed has been received undersubdivision (2).
As added by P.L.98-2004, SEC.22.
IC 33-43-1-5
Written authority of party prerequisite to certain judgments
Sec. 5. Unless the written authority of a party is first produced andits execution is satisfactorily proved to the court, a judgment may notbe rendered against any party:
(1) upon the agreement of an attorney; or
(2) by default;
when the party has not been notified or personally entered anappearance.
As added by P.L.98-2004, SEC.22.
IC 33-43-1-6
Requiring attorney to prove authority
Sec. 6. The court or judge may:
(1) on motion of either party that shows reasonable grounds; or
(2) without a motion;
require an attorney to produce and prove the authority under whichthe attorney appears. The court may stay all proceedings by theattorney on behalf of the party for whom the attorney assumes toappear until the attorney produces and proves authority to appear.
As added by P.L.98-2004, SEC.22.
IC 33-43-1-7
Appearance of attorney without authority; relief of party
Sec. 7. If a party alleges that an attorney appears on behalf of theparty without the party's authority the court may, at any stage of theproceedings, relieve the party from the consequences of theattorney's act. The court may also, summarily or upon motion,
compel the attorney to repair the injury consequent upon theattorney's assumption of authority.
As added by P.L.98-2004, SEC.22.
IC 33-43-1-8
Deceit or collusion of attorney; penalty
Sec. 8. (a) An attorney who is guilty of deceit or collusion, orconsents to deceit or collusion, with intent to deceive a court, judge,or party to an action or judicial proceeding commits a Class Bmisdemeanor.
(b) A person who is injured by a violation of subsection (a) maybring a civil action for treble damages.
As added by P.L.98-2004, SEC.22.
IC 33-43-1-9
Refusal to deliver over money or papers; contempt
Sec. 9. If, on request, an attorney refuses to deliver over money orpapers to a person from whom or for whom the attorney has receivedthem, in the course of the attorney's professional employment, theattorney may be required, after reasonable notice, on motion of anyparty aggrieved, by an order of the court in which an action, if any,was prosecuted or if an action was not prosecuted, by the order ofany court of record, to deliver the money or papers within a specifiedtime, or show cause why the attorney should not be punished forcontempt.
As added by P.L.98-2004, SEC.22.
IC 33-43-1-10
Suspension of attorney from practice for refusal to deliver moneyor papers; additional remedies
Sec. 10. If an attorney has been ordered to deliver money orpapers under section 9 of this chapter, on a motion or in an actionbrought by the aggrieved party, the court may take any of thefollowing actions:
(1) Suspend the attorney from practice in any of the courts ofIndiana, for any length of time, in the court's discretion.
(2) Enter judgment for the amount of money withheld,deducting fees, if any are due, and costs paid by the attorney,with ten percent (10%) damages, that may be enforced byexecution, without the benefit of stay or appraisement laws, andreturnable within thirty (30) days.
(3) Render any judgment and make any order with respect to thepapers or property withheld, that may be necessary to enforcethe right of the party aggrieved. The judgement or order issubject to any liens the attorney has for fees.
As added by P.L.98-2004, SEC.22.