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33-43-1-1. Practice of Law by Attorneys; Officer of the Court

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) […]

33-43-1-2. Repealed

[Pre-2004 Recodification Citation: 33-21-1-2.] As added by P.L.98-2004, SEC.22. Repealed by P.L.72-2018, SEC.15.

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. […]

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 Until superseded by another attorney or discharged, an attorney may do the following: (1) Bind the attorney’s client in an action or a special proceeding, by the attorney’s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 […]

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. [Pre-2004 Recodification […]

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 […]

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 […]

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 […]

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 […]