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 this
article.
As added by P.L.98-2004, SEC.23.
IC 33-44-3-2
"Attorney"
Sec. 2. "Attorney" means an individual in good standing admitted
to the practice of law in Indiana. The term includes a professional
corporation (as defined in IC 23-1.5-1-10) formed by one (1) or more
attorneys.
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 board
established 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 or
trust company, a credit union, an industrial loan and investment
company, a savings bank, or a savings association, whether
chartered, incorporated, licensed, or organized under Indiana law or
the law of the United States that:
(1) does business in Indiana; and
(2) is insured by the Federal Deposit Insurance Corporation, the
Savings Association Insurance Fund, the National Credit Union
Administration, 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 legal
aid program or legal services program existing in Indiana on
January 1, 1990, if the program's client eligibility standards
provide that the client's income may not exceed one hundred
fifty percent (150%) of the current poverty threshold
established by the United States Office of Management and
Budget;
(B) is not more than one hundred fifty percent (150%) of the
current poverty threshold established by the United States
Office of Management and Budget; or
(C) satisfies the eligibility standard for Supplemental
Security Income or free services under the Older Americans
Act of 1965, as amended (42 U.S.C. 3001-3057) or
Developmentally 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, if
undertaken on behalf of an eligible client by an attorney in private
practice, reasonably would be expected to result in payment of a fee
for legal services from an award to a client from public funds or from
the opposing party. A case is not considered a fee generating case if
adequate representation is unavailable and if any of the following
circumstances exist concerning the case:
(1) The qualified legal services provider that represents the
indigent in the case has determined in good faith that free
referral is not possible for any of the following reasons:
(A) The case has been rejected by the lawyer referral service
serving the county of the eligible client's residence, or if
there is no such service, by two (2) attorneys in private
practice who have experience in the subject matter of the
case.
(B) Neither the lawyer referral service described in clause
(A), if one exists, nor any attorney will consider the case
without payment of a consultation fee.
(C) The case is of a type that attorneys in private practice
ordinarily do not accept or do not accept without prepayment
of a fee.
(D) Emergency circumstances compel immediate action
before referral can be made, but the eligible client is advised
that, if appropriate and consistent with professional
responsibility, referral will be attempted at a later time.
(2) Recovery of damages is not the principal object of the case
and a request for damages is merely ancillary to an action for
equitable or other nonpecuniary relief, or inclusion of a
counterclaim requesting damages is necessary for effective
defense or because of applicable rules governing joinder of
counterclaims.
(3) A court has appointed a qualified legal services provider or
its employee to represent the indigent in the case under a
statute, a court rule, or practice of equal applicability to all
attorneys in the jurisdiction.
(4) The case involves the rights of a claimant under a publicly
supported benefit program for which entitlement is based on
need.
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 fund
established 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 account
with 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 same
manner 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 an
attorney of an eligible client in a civil matter pending in Indiana,
including counsel, litigation, research, coordination with pro bono
programs, support services, substantive and procedural training for
attorneys and paralegals in poverty law subjects, and any other
activity necessary to ensure the effective delivery of quality legal
services in a civil matter.
(b) The term does not include representation of an eligible client
in:
(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 attorney
from a client or beneficial owner in a fiduciary capacity that, in the
good 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 the
expense 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 nonprofit
organization organized in Indiana and operating exclusively in
Indiana that, as its primary purpose and function, provides legal
assistance without charge to eligible clients in civil matters only.
As added by P.L.98-2004, SEC.23.