Legal Question in Legal Ethics in Texas
Texas lawyer allowed to practice in IN?
To make a long story short, I have a hearing coming up in Indiana. The other party lives in Texas. At the first hearing in Texas, I was required to hire a Texas attorney, so how did the other party get away with having his Texas attorney file in Indiana? I know he isn't licensed here. Isn't this illegal?
1 Answer from Attorneys
Re: Texas lawyer allowed to practice in IN?
An out of state attorney can request permission to practice or handle a specific matter in a state he or she is not licensed in. Normally, local counsel is required (that is an attorney who is licensed in this state). If the party in Texas has enough money to pay the Texas lawyer to come to Indiana and also pay local counsel, then the procedure would be fine. If however the Texas lawyer merely prepared a pleading for the Texas client and expects him or her to find an attorney to represent him or her when he or she comes for the hearing, you hope it is done in advance so your hearing will not be continued. If the other party did not sign the pleading, your local attorney may be able to have the same stricken from the record by objecting to it and the status of the Texas lawyer vis-a-vis practicing law in Indiana.
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