Rule 26 - Group Legal Service Plans(A) A "group legal service plan" is a plan or arrangement by which legal services are rendered (1) to individual members of a group identifiable in terms of substantial common interest; (2) by a lawyer provided, secured, recommended or otherwise selected by: (a) the group, its organization, or its officers; (b) some other agency having an interest in obtaining legal services for members of the group; or (c) the individual members. Not-for-profit legal services programs funded through governmental appropriations are excluded from this rule. (B) A lawyer may not render legal services pursuant to a group legal service plan unless the following conditions have been satisfied: (1) The entire plan has been reduced to writing and a description of its terms has been distributed to the Indiana members or beneficiaries thereof; (2) The plan and description clearly describe and specify: (a) the benefits to be provided, exclusions therefrom and conditions thereto, (b) the extent of the undertaking to provide benefits and reveal such facts as will indicate the ability of the plan to meet the undertaking, (c) that there shall be no infringement upon the independent exercise of professional judgment of any lawyer furnishing service under the plan, (d) that a lawyer providing legal service under the plan shall not be required to act in derogation of his professional responsibilities, (e) the procedures for the objective review and resolution of disputes arising under the plan, (f) that the plan shall provide for an advisory group which should include members of the Bar and members of the plan who shall meet periodically to review and evaluate the organization and operation of the plan and to offer suggestions for its improvement, and (g) that the plan shall state in writing that the satisfaction of the conditions under this rule shall not be construed as an approval of such plan by the Supreme Court of Indiana; (3) A copy of the group legal service plan has been filed with the Executive Director of the Indiana Office of Admissions and Continuing Education together with a one hundred dollar ($100) filing fee; and (4) The requirements, as appropriate, for an initial disclosure statement or annual report have been met. (C) Concurrent with the filing of the plan, an initial disclosure statement, relating to the first year of operation or any portion thereof, also must be filed. This initial disclosure statement shall state: (1) The names and addresses of all the attorneys who will be rendering any legal service for Indiana residents for the coming year or part thereof ending January 31st; (2) All relevant financial data including any projected income from fees, dues, premiums, or subscriptions to be collected from Indiana group members or beneficiaries for the first year of operation or part thereof, ending January 31st and the period of time covered by such fee, dues, premium or subscription charge; (3) The total number of hours of legal service projected to be provided to Indiana members; (4) The number of Indiana members in the plan or projected to be in the plan for the first year or part thereof, ending January 31st; and (5) Whether legal service provided under the plan is to be funded, in any part, on an actuarial basis. (D) Every group legal services plan shall file an annual report with the Executive Director of the Indiana Office of Admissions and Continuing Education. A fifty dollar ($50) annual fee shall accompany the report. The annual report shall be filed between February 1st and March 31st of each year. A copy of said annual report shall be sent to plan members by March 31st of each year. An additional twenty-five dollar ($25) late fee shall accompany all annual reports filed after March 31st. The annual report shall update any information regarding the plan as originally filed and shall specifically set forth: (1) The names and addresses of all attorneys under the plan who will be rendering any legal service to Indiana residents for the year, ending on January 31st; and (2) All relevant financial data, including: (a) the actual gross income generated by fees, dues, premiums, or subscriptions, paid by Indiana members of the group for the past year or part thereof, ending on January 31st; (b) the number of hours of legal service provided to Indiana members during the past year, and ending January 31st; (c) the number of Indiana members of the plan as of January 31st; (d) the projected gross income, expected to be generated from fees, dues, premiums or subscriptions from Indiana group members during the coming year (February 1st through January 31st); and (e) the amount each Indiana group member will pay as a fee, dues, premium or subscription charge for the next year (February 1st through January 31st). An annual report form may be obtained from the Executive Director of the Indiana Office of Admissions and Continuing Education to assist in the filing of the annual report.
(E) A group legal service plan which discontinues operation, shall file a final report so stating. There shall be no filing fee for such report. (F) Whenever a new attorney is employed by any plan, the plan shall, within ten days of the employment, transmit to the Executive Director of the Indiana Office of Admissions and Continuing Education the name of such attorney so employed. (G) No representation that a plan has been filed or approved shall be made. If such representation is made, all function under the plan shall cease. (H) Any lawyer rendering legal services in Indiana pursuant to a group legal service plan shall be bound by and comply with the Rules of Professional Conduct adopted January 1, 1987, as amended. (I) Failure to comply with the above requirements could subject plans and individuals involved to legal action. In addition, if a plan member represented by a plan attorney is a party in an action in a court of this State, any other party to the action may file a motion to dismiss the action if the plan has not filed its initial disclosure statement or its annual report as required under Subsections C and D of this Rule. Provided, however, that the motion to dismiss shall only dismiss the case, after hearing, if the initial disclosure statement and plan or the annual report are not filed with the Executive Director of the Indiana Office of Admissions and Continuing Education within sixty (60) days after the filing of the motion to dismiss. ADMISSION AND DISCIPLINE RULE 26. GROUP
LEGAL SERVICE PLAN DISCLOSURE STATEMENT
1. Date of Statement __________________. 2. Name of the Group Legal Services Plan and address of administrator. 3. Names and addresses of all attorneys who will be rendering any legal service under the plan to Indiana residents this year (year ends January 31st of following year): | Name | Address |
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4. Relevant Financial Data--Income Projection: (a) Gross income actually received in the form of fees, dues, premiums, or subscriptions from Indiana members for the past year or part of year (February 1, 19____ to January 31, 19____): $__________________. (b) Number of hours of legal service provided to Indiana members during past year: ______. (c) Number of Indiana members of plan as of January 31, 19____. 5. Projections: (a) Projected gross income expected from fees, dues, premiums or subscription charges from Indiana members during the coming year (February 1, 19____ to January 31, 19____): $__________________. (b)Projected amount each Indiana group member will pay as a fee, dues, premium or subscription charge for the coming year (February 1, 19____ to January 31, 19____). 6. Names and addresses of plan advisory group members: 7. Attach one copy of plan as revised during the past year (or revisions). Submitted By:
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| Plan Administrator |
Ind. R. Att'y Adm. & Discip. 26
Adopted Nov. 24, 1975, effective 1/31/1976; amended Dec. 23, 1976, effective 1/1/1977; amended Dec. 13, 1979, effective 1/1/1980; amended Nov. 12, 1986, effective 1/1/1987; amended Jan. 26, 1987, effective 1/1/1987; amended effective 11/10/1988; amended Sept. 15, 2009, effective 1/1/2010; amended Sept. 2, 2014, effective to1/1/2015; amended October 6, 2021, effective 1/1/2022.