Indiana Notice to Fire or Terminating Authority of Attorney

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Multi-State
Control #:
US-01163BG
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Word; 
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Description

A client generally has the right to terminate the relationship with the client's attorney, at any time with or without cause. An attorney is entitled to notice of the discharge. Although such notice need not be formal, it is preferable that the notice be in writing and signed by the client.


On the other hand, an attorney is not at liberty to terminate the relationship or to abandon a case without reasonable cause. If such cause does exist, the attorney may terminate only on giving reasonable notice to the client and usually after obtaining an order from the court in which the attorney is representing the client (if a court action is involved).

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FAQ

Rule 1.6. (a) A lawyer shall not reveal information relating to representation of a client unless the client consents after consultation, except for disclosures that are impliedly authorized in order to carry out the representation, and except as stated in paragraph (b).

A revocable Power of Attorney (POA), which has been notarized, can be canceled or revoked by sending a formal notice or letter of revocation to the appointed Attorney. This letter should clearly state the reason for revocation, the effective date of revocation, and the resulting consequences.

Under Indiana law, a POA can be revoked by the principal by executing a written document that specifically identifies the POA to be revoked and is signed by the principal. The AIF also has to be notified that the POA has been revoked. The most common type of written instrument revoking a POA is a new POA.

This type of conflict most often occurs when a lawyer enters into a business transaction with the client after the formation of the attorney-client relationship. Some examples include purchasing property from the client at a below-market rate and drafting a will where the lawyer is a beneficiary.

Indiana Rule of Professional Conduct 1.9 provides that a lawyer may not, absent informed consent, represent a client who is adverse to a former client where the matters are ?the same or substantially related.? It's easy to tell if matters are ?the same.? The trick is to determine what counts as a ?substantially related ...

Rule 5.5 - Unauthorized Practice of Law; Multijurisdictional Practice of Law (a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.

Indiana Rule of Professional Conduct 1.9 provides that a lawyer may not, absent informed consent, represent a client who is adverse to a former client where the matters are ?the same or substantially related.? It's easy to tell if matters are ?the same.? The trick is to determine what counts as a ?substantially related ...

Cond. 6.1. A lawyer should render public interest legal service.

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Indiana Notice to Fire or Terminating Authority of Attorney