Ind. R. Att'y Adm. & Discip. 6

As amended through November 4, 2024
Rule 6 - Admission Without Examination
Section 1.Attorneys Licensed in Other States.

A person who has been admitted to practice law in the highest court of law in any other state (herein defined as a state or territory of the United States or the District of Columbia), may be granted a license to practice law in Indiana without examination upon a finding by the State Board of Law Examiners that said person has met each of the following conditions:

(a) The applicant has actively engaged in the practice of law for a period of at least three of the five years immediately preceding the date of application. "Actively engaged in the practice of law" shall mean:
(i) performing legal services for the general public as a lawyer for at least 1,000 hours per year;
(ii) being employed by a state or local governmental or business entity as a lawyer performing duties for which admission to the practice of law is a prerequisite for at least 1,000 hours per year;
(iii) performing the duties of a teacher of law on a full-time basis in an ABA accredited law school;
(iv) serving as a judge of a court of record on a full-time basis;
(v) serving on a full-time salaried basis as an attorney with the federal government or a federal governmental agency including service as a member of the Judge Advocate General's Department of one of the military branches of the United States; or
(vi) a combination of the above.
(b) The practice of law must have been authorized based on the applicant's admission in the state where the applicant is licensed and during the period of licensure unless the practice falls under subdivisions (iii) or (v) above. Practice under either a business counsel license or a pro bono publico license may apply toward years of practice so long as the applicant meets all other requirements of this rule.
(c) The applicant is a member in good standing in all states of admission.
(d) The admission of the applicant is in the public interest.
(e) The applicant meets Indiana's character and fitness requirements.
(f) The applicant has paid or tendered the required fee.
(g) The applicant has not failed the Indiana bar examination or scored below 264 on the Uniform Bar Examination (whether administered in Indiana or another jurisdiction) within five years of the date of the application.
(h) The applicant has obtained a JD degree (or its equivalent) from a law school located in the United States that at the time of the applicant's graduation was on the approved list of the Council of Legal Education and Admission to the Bar of the American Bar Association.
Section 1.1.Military Spouses
(a) The Board has the discretion to waive the minimum practice and reciprocity requirements in Section 1 for an applicant who has been admitted to practice law in the highest court of law in any other state and whose spouse is a member of the armed forces of the United States subject to military transfer to Indiana for active duty military service upon a finding that said person has met the requirements specified in Sections 1(c)-(h), and the following conditions:
(i) The applicant has achieved a passing score on the Multistate Professional Responsibility Examination as established in Rule 17(4).
(ii) The applicant is not currently subject to lawyer discipline or the subject of a pending disciplinary matter in any other jurisdiction.
(iii) The applicant is the husband or wife of an individual who is a member of the armed forces of the United States or the Coast Guard when it is not operating as a service in the Navy, and that member of the armed forces is on active military duty orders and stationed in Indiana.
(iv) The applicant physically resides in Indiana.
(b) In determining whether to waive the minimum practice requirements in Section 1, the Board shall consider the following:
(i) The length of time the applicant has been admitted in other jurisdictions.
(ii) The applicant's practice history and experience, including the type of practice, in other jurisdictions.
(iii) The type of practice the applicant intends to undertake in Indiana and the applicant's past experience in that type of practice.
(iv) The level and amount of support, supervision, or mentoring the applicant will have in their practice.
(v) The applicant's showing of familiarity with Indiana law, including CLE programs the applicant may have taken or other showing the applicant may make regarding study of familiarity with Indiana's procedural and evidence rules and substantive Indiana law relating to the applicant's intended practice.
(c) Applicants who have not achieved a passing score on the Multistate Professional Responsibility Examination at the time of application but who meet all other conditions may be provisionally admitted for six months to achieve a passing score on the examination.
(d) When the active-duty service member is assigned to an unaccompanied or remote follow-on assignment and the attorney continues to physically reside in Indiana, the admission may be renewed until that unaccompanied tour or remote assignment ends, provided that the attorney complies with all other requirements for renewal.
(e) Notwithstanding any other provision found in this rule, the license of an attorney who is the spouse of an active-duty service member shall terminate, and the attorney, consistent with the Rules of Professional Conduct, shall immediately begin to take all steps necessary to relinquish their license upon the occurrence of any of the following:
(i) The spouse's discharge, separation, or retirement from active duty in the United States Uniformed Services, or the spouse's no longer being on military orders stationed in Indiana.
(ii) The attorney no longer physically residing in Indiana.
(iii) The attorney ceasing to be a dependent as defined by the Department of Defense (or, for the Coast Guard when it is not operating as a service in the Navy, by the Department of Homeland Security).
(iv) The attorney being admitted to practice law in Indiana pursuant to any other rule.
Section 2.Business Counsel License.

A person who establishes an office or other systematic and continuous presence in Indiana for the purpose of accepting or continuing employment by a person or entity engaged in business in Indiana other than the practice of law may be granted a business counsel license to practice law in Indiana without examination so long as granting the license is in the public interest and such person:

(a) is admitted to practice law in the highest court of law in any other state or in a foreign country and fulfills the requirements set forth in Rule 5(1)(a);
(b) complies with Section 1(a)(ii) and who is or will be devoted solely to the business of such employer, receives or will receive their entire compensation from such employer for the applicant's legal service, and remains in such employment, except for practice permitted under Rule 6.2(2)(c);
(c) is a member in good standing in all states of admission;
(d) meets Indiana's character and fitness requirements;
(e) pays or tenders the required fee; and
(f) has not failed the Indiana bar examination or scored below 264 on the Uniform Bar Examination (whether administered in Indiana or another jurisdiction) within five years of the date of the application.

A person granted a business counsel license under this rule based upon admission to the practice of law only in a foreign country shall be subject to the limitations on scope of practice set forth in Rule 5(4)(a)-(d). Upon the transfer of such employment outside of Indiana, the right to practice law in Indiana shall terminate.

Upon the termination of such employment, the right to practice law in Indiana under a business counsel license shall terminate unless such business counsel license admittee has secured employment from another person or entity within three months of their termination and that employment meets the criteria of this section or such business counsel license admittee shall have been admitted to practice law in Indiana pursuant to any other rule.

Section 3. Fees. The applicant shall submit their application accompanied by a fee of $875 in accordance with procedures established by the Board. The Executive Director of the Indiana Office of Admissions and Continuing Education may refer said application to the National Conference of Bar Examiners for investigation and report. The Board is authorized to pay all expenses incident to the investigation of the applicant's qualifications. However, in the event said application is considered and denied by the Board prior to referral to the National Conference, the Board is authorized to refund to the applicant one half of the application fee. No part of the application fee shall otherwise be refunded.
Section 4.Renewal of Business Counsel License

A business counsel license may continue in force for one year and may be renewed for a like period upon the submission of such verified individualized information that demonstrates to the satisfaction of the Board that the applicant has during the past year been employed under the terms of the business counsel license and will continue to be so employed. At the time of the first renewal request, the applicant must also submit verified information to demonstrate compliance with the educational requirements in Section 5.

(a)Annual Renewal Fee. Each attorney who is licensed under Section 2 shall pay a renewal fee of $50 on or before November 1 of each year; a delinquent fee of $25 shall be added to the renewal fee for fees paid after November 1 and on or before November 15 of each year; a delinquent fee of $50 shall be added to the renewal fee for fees paid after November 15 and on or before December 31 of each year; and a delinquent fee of $150 shall be added to the renewal fee for fees paid after December 31 of each year. Additionally, a $100 surcharge will be added to the late fee for each consecutive year for which the attorney fails to timely file the renewal form. This renewal fee is in addition to any annual registration and fees paid as required in Rule 2.
(b)Failure to Pay Renewal Fee or Comply with Educational Requirements. An attorney who fails to pay the renewal fee required by Section 4(a), fails to file the affidavit required by Section 4(d), or fails to comply with the educational requirements in Section 5 shall be subject to revocation of their license to practice law and sanctions for contempt of this Court in the event they thereafter engage in the practice of law in Indiana.
(c)Annual Renewal Notice. On or before September 1 of each year, the Executive Director shall mail a notice or notify via electronic mail to each attorney admitted under Section 2 that:
(i) a renewal fee must be paid on or before November 1; and
(ii) the attorney must either affirm compliance with eligibility requirements to maintain the license or submit the signed relinquish affidavit to the Board on or before November 1.

Notice sent pursuant to this section shall be sent to the name and address maintained by the Executive Director pursuant to Rule 2.

(d)Relinquishing of License. Any attorney who is admitted under Section 2, is in good standing, is current in payment of all applicable registration fees and other financial obligations imposed by these rules, is not the subject of an investigation into or a pending proceeding involving allegations of misconduct, and is no longer able to meet the requirements to maintain their license pursuant to this rule may voluntarily relinquish their license to practice law in Indiana by tendering the renewal form with the signed relinquish affidavit to the Executive Director. The Executive Director shall promptly verify the eligibility of the attorney to relinquish under this section and, if eligible, shall show on the Roll of Attorneys that the attorney's Indiana law license has been relinquished permanently and that the lawyer is no longer considered an attorney licensed to practice law in Indiana. An attorney who relinquishes their license under this section may apply for admission under Rules 3 through 21. In the event the attorney is not eligible to relinquish under this section, the Executive Director shall promptly notify the attorney of all reasons for ineligibility.
Section 5.Educational Requirements
(a) In addition to the requirements in Rule 29, within twelve months of an applicant's admission under Sections 1 or 2 of this rule, the applicant shall attend an annual Indiana law update seminar that provides a minimum of twelve hours of continuing legal education that has been approved by the Indiana Commission for Continuing Legal Education. The Board shall publish a list of approved seminars.
(b) Applicants admitted under this rule are subject to, and shall comply with, Indiana's Rules for Admission to the Bar and the Discipline of Attorneys, Indiana's Rules of Professional Conduct, all other Court rules, and all statutory requirements.
Section 6.Application of Rules and Appearance Before the Board The provisions of Rule 12(7)-(9) apply to admission under this rule. An applicant for admission under this rule who is denied admission may request an appearance before the Board and a hearing thereafter.

Ind. R. Att'y Adm. & Discip. 6

Amended May 10, 1961; Oct. 25, 1963; Jan. 8, 1970; Oct. 27, 1971; Jan. 24, 1972, Feb. 16, 1972; July 30, 1973; Oct. 1, 1973; Aug. 31, 1976, amended Dec. 30, 1976, effective 1/1/1977; Dec. 14, 1977, effective 1/1/1978; amended Dec. 4, 1980; Nov. 1, 1985; amended April 14, 1988, effective 1/1/1989; Nov. 30, 1989, effective 1/1/1990; Amended Dec. 23, 1996, effective 3/1/1997; amended Sept. 9, 2008, effective 1/1/2009; amended Sept. 15, 2009, effective 1/1/2010; amended May 15, 2012, effective 7/1/2012; amended Oct. 26, 2012, effective 1/1/2013; amended June 30, 2014, effective 6/30/2014; amended August 17, 2015, effective 1/1/2016; amended October 17, 2019, effective 1/1/2020; amended December 26, 2019, effective 1/1/2020; amended February 24, 2021, effective 2/24/2021; amended October 6, 2021, effective 1/1/2022; amended June 28, 2024, effective 6/28/2024; amended October 3, 2024, effective 10/15/2024.