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 of
an attorney, shall take an oath to:
(1) support the Constitution of the United States and the
Constitution of the State of Indiana; and
(2) faithfully and honestly discharge the duties of an attorney at
law.
(b) The oath taken under subsection (a) must be entered in the
order 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 court
with 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 and
of Indiana.
(2) Maintain the respect that is due to the courts of justice and
judicial officers.
(3) Only counsel or maintain actions, proceedings, or defenses
that appear to the attorney to be legal and just. However, this
subdivision may not be construed to prevent the defense of a
person charged with a crime.
(4) Employ, for the purpose of maintaining the causes confided
to the attorney, only those means that are consistent with truth
and never seek to mislead the court or jury by any artifice or
false statement of fact or law.
(5) Maintain inviolate the confidence and, at every peril to the
attorney, to preserve the secrets of the attorney's client.
(6) Abstain from all offensive personality, and to advance no
fact prejudicial to the honor or reputation of a party or witness,
unless required by the justice of the cause with which the
attorney is charged.
(7) Not to encourage either the commencement or the
continuance of an action or proceeding from any motive of
passion or interest.
(8) Never to reject, from any consideration personal to the
attorney, the cause of the defenseless or oppressed.
(9) To promptly account to and pay over to a client any money
coming into the hands of the attorney to which the client is
lawfully entitled.
(10) To abstain from direct or indirect solicitation of
employment 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 Until superseded by another attorney or discharged, an
attorney may do the following:
(1) Bind the attorney's client in an action or a special
proceeding, by the attorney's agreement that is either filed with
the clerk or entered upon the minutes of the court.
(2) Receive money claimed by the attorney's client during the
pendency of an action or a special proceeding.
(3) Discharge a claim or acknowledge satisfaction of a
judgment after the money claimed has been received under
subdivision (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 and
its execution is satisfactorily proved to the court, a judgment may not
be 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 an
appearance.
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 which
the attorney appears. The court may stay all proceedings by the
attorney on behalf of the party for whom the attorney assumes to
appear 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 the
party without the party's authority the court may, at any stage of the
proceedings, relieve the party from the consequences of the
attorney's act. The court may also, summarily or upon motion,
compel the attorney to repair the injury consequent upon the
attorney'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, or
consents to deceit or collusion, with intent to deceive a court, judge,
or party to an action or judicial proceeding commits a Class B
misdemeanor.
(b) A person who is injured by a violation of subsection (a) may
bring 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 or
papers to a person from whom or for whom the attorney has received
them, in the course of the attorney's professional employment, the
attorney may be required, after reasonable notice, on motion of any
party 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 of
any court of record, to deliver the money or papers within a specified
time, or show cause why the attorney should not be punished for
contempt.
As added by P.L.98-2004, SEC.22.
IC 33-43-1-10
Suspension of attorney from practice for refusal to deliver money
or papers; additional remedies
Sec. 10. If an attorney has been ordered to deliver money or
papers under section 9 of this chapter, on a motion or in an action
brought by the aggrieved party, the court may take any of the
following actions:
(1) Suspend the attorney from practice in any of the courts of
Indiana, 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 by
execution, without the benefit of stay or appraisement laws, and
returnable within thirty (30) days.
(3) Render any judgment and make any order with respect to the
papers or property withheld, that may be necessary to enforce
the right of the party aggrieved. The judgement or order is
subject to any liens the attorney has for fees.
As added by P.L.98-2004, SEC.22.