CHAPTER 3. DEFINITIONS
IC 33-44-3
Chapter 3. Definitions
IC 33-44-3-1
Definitions; application
Sec. 1. The definitions in this chapter apply throughout thisarticle.
As added by P.L.98-2004, SEC.23.
IC 33-44-3-2
"Attorney"
Sec. 2. "Attorney" means an individual in good standing admittedto the practice of law in Indiana. The term includes a professionalcorporation (as defined in IC 23-1.5-1-10) formed by one (1) or moreattorneys.
As added by P.L.98-2004, SEC.23.
IC 33-44-3-3
"Board"
Sec. 3. "Board" refers to the Indiana attorney trust account boardestablished by IC 33-44-4-1.
As added by P.L.98-2004, SEC.23.
IC 33-44-3-4
"Depository financial institution"
Sec. 4. "Depository financial institution" means a bank, a bank ortrust company, a credit union, an industrial loan and investmentcompany, a savings bank, or a savings association, whetherchartered, incorporated, licensed, or organized under Indiana law orthe law of the United States that:
(1) does business in Indiana; and
(2) is insured by the Federal Deposit Insurance Corporation, theSavings Association Insurance Fund, the National Credit UnionAdministration, or an alternate share insurer.
As added by P.L.98-2004, SEC.23.
IC 33-44-3-5
"Eligible client"
Sec. 5. "Eligible client" means a person:
(1) who resides in Indiana; and
(2) whose income:
(A) satisfies the eligibility standards established by a legalaid program or legal services program existing in Indiana onJanuary 1, 1990, if the program's client eligibility standardsprovide that the client's income may not exceed one hundredfifty percent (150%) of the current poverty thresholdestablished by the United States Office of Management andBudget;
(B) is not more than one hundred fifty percent (150%) of thecurrent poverty threshold established by the United States
Office of Management and Budget; or
(C) satisfies the eligibility standard for SupplementalSecurity Income or free services under the Older AmericansAct of 1965, as amended (42 U.S.C. 3001-3057) orDevelopmentally Disabled Assistance and Bill of Rights Act(42 U.S.C. 6000-6083).
As added by P.L.98-2004, SEC.23.
IC 33-44-3-6
"Fee generating case"
Sec. 6. "Fee generating case" means a case or matter that, ifundertaken on behalf of an eligible client by an attorney in privatepractice, reasonably would be expected to result in payment of a feefor legal services from an award to a client from public funds or fromthe opposing party. A case is not considered a fee generating case ifadequate representation is unavailable and if any of the followingcircumstances exist concerning the case:
(1) The qualified legal services provider that represents theindigent in the case has determined in good faith that freereferral is not possible for any of the following reasons:
(A) The case has been rejected by the lawyer referral serviceserving the county of the eligible client's residence, or ifthere is no such service, by two (2) attorneys in privatepractice who have experience in the subject matter of thecase.
(B) Neither the lawyer referral service described in clause(A), if one exists, nor any attorney will consider the casewithout payment of a consultation fee.
(C) The case is of a type that attorneys in private practiceordinarily do not accept or do not accept without prepaymentof a fee.
(D) Emergency circumstances compel immediate actionbefore referral can be made, but the eligible client is advisedthat, if appropriate and consistent with professionalresponsibility, referral will be attempted at a later time.
(2) Recovery of damages is not the principal object of the caseand a request for damages is merely ancillary to an action forequitable or other nonpecuniary relief, or inclusion of acounterclaim requesting damages is necessary for effectivedefense or because of applicable rules governing joinder ofcounterclaims.
(3) A court has appointed a qualified legal services provider orits employee to represent the indigent in the case under astatute, a court rule, or practice of equal applicability to allattorneys in the jurisdiction.
(4) The case involves the rights of a claimant under a publiclysupported benefit program for which entitlement is based onneed.
As added by P.L.98-2004, SEC.23.
IC 33-44-3-7
"Fund"
Sec. 7. "Fund" refers to the Indiana attorney trust account fundestablished by IC 33-44-7-1.
As added by P.L.98-2004, SEC.23.
IC 33-44-3-8
"Interest bearing attorney trust account"
Sec. 8. "Interest bearing attorney trust account" means an accountwith a depository financial institution that is:
(1) unsegregated;
(2) interest bearing;
(3) for the deposit of qualified funds by an attorney; and
(4) capable of being drawn upon by the depositor in the samemanner as a checking account that is not interest bearing.
As added by P.L.98-2004, SEC.23.
IC 33-44-3-9
"Legal assistance"
Sec. 9. (a) "Legal assistance" means direct representation by anattorney of an eligible client in a civil matter pending in Indiana,including counsel, litigation, research, coordination with pro bonoprograms, support services, substantive and procedural training forattorneys and paralegals in poverty law subjects, and any otheractivity necessary to ensure the effective delivery of quality legalservices in a civil matter.
(b) The term does not include representation of an eligible clientin:
(1) criminal matters; or
(2) a fee generating case.
As added by P.L.98-2004, SEC.23.
IC 33-44-3-10
"Qualified funds"
Sec. 10. "Qualified funds" means money received by an attorneyfrom a client or beneficial owner in a fiduciary capacity that, in thegood faith judgment of the attorney, is:
(1) of such an amount; or
(2) reasonably expected to be held for such a short term;
that sufficient interest income will not be generated to justify theexpense of administering a segregated account.
As added by P.L.98-2004, SEC.23.
IC 33-44-3-11
"Qualified legal services provider"
Sec. 11. "Qualified legal services provider" means a nonprofitorganization organized in Indiana and operating exclusively inIndiana that, as its primary purpose and function, provides legalassistance without charge to eligible clients in civil matters only.
As added by P.L.98-2004, SEC.23.