Indiana Supreme Court Disciplinary Commission Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Indiana Supreme Court Disciplinary Commission, with full citations and source links on every page.
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When is an Indiana flat-fee agreement reasonable, earned, and refundable?
A flat fee can be treated as earned on receipt for trust-account purposes, but its scope and amount must be reasonable and clear, and the unearned portion must be refunded if the agreed services are…
What duties govern an Indiana lawyer's departure from a law firm?
The firm and departing lawyer must inform affected clients, honor the client's choice of counsel, maintain competent files and transitions, account for fees and property, and provide information…
When may an Indiana lawyer communicate with a judge or seek emergency relief without notice to other parties?
Substantive ex parte communication is prohibited unless law or court order authorizes it. Emergency relief under Trial Rule 65(B) requires specific facts of immediate irreparable harm and written…
How can an Indiana public defender provide limited representation to multiple defendants at initial hearings?
The defender must clearly explain the limited scope, remain competent, communicate offers and rights, protect confidences, and obtain additional counsel or expand the representation when conflicts…
What Indiana ethics duties govern fee agreements, refunds, and disputed fees?
Fees must be reasonable and clearly described, unearned fees must be refunded, client or third-party funds belong in trust, and only the disputed portion remains in trust while the dispute is resolved.
When must an Indiana lawyer entering or leaving government service decline or leave a matter?
Disqualification applies to the same matter when the lawyer was personally and substantially involved, and to adverse matters where the lawyer has materially damaging confidential government…
When does one Indiana lawyer's conflict disqualify the lawyer's current, former, or new firm?
A firm generally shares its lawyers' current and former-client conflicts, subject to personal-conflict, consent, and specified migratory-lawyer screening exceptions. Departing-lawyer matters remain…
When must an Indiana lawyer decline or withdraw because of a conflict of interest?
The lawyer must decline or withdraw when duties to another person or the lawyer's own interests materially limit the representation. A consentable conflict requires competent and diligent…
When may an Indiana lawyer publicly comment on a pending matter?
The lawyer needs client authority and may not make statements substantially likely to materially prejudice the proceeding. Limited public-record and adverse-publicity responses remain available…
Can an Indiana lawyer be disciplined for a nonlawyer assistant's improper notarization?
Yes. A lawyer who orders or ratifies the act, or who has managerial or direct supervisory authority and fails to take available remedial action, can be responsible for the misconduct.
When can third-party comments, tags, or endorsements on an Indiana lawyer's social media create ethics violations?
The lawyer must prevent or correct third-party content that the lawyer could not ethically post. Liking, retaining, or failing to remove prohibited content can be treated as adoption.
May an Indiana lawyer affiliate with a nonlawyer company or out-of-state firm that sells Indiana legal services?
The described license-rental model risks assisting unauthorized practice, surrendering professional independence, improper fee sharing, inadequate communication, unreasonable scope limits, and…
May an Indiana lawyer join an online legal referral service that charges a marketing fee each time the lawyer completes a fixed-fee service?
The opinion warns that these arrangements can violate multiple Indiana ethics rules. A per-service marketing charge may be impermissible fee sharing or a referral fee, while company control over…
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Legal ethics opinions from the Indiana Supreme Court Disciplinary Commission interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are advisory, not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.