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IN THE

SUPREME COURT OF INDIANA

ORDER AMENDING RULES FOR ADMISSION TO THE BAR AND THE DISCIPLINE OF ATTORNEYS
AND
APPROVING AMENDMENT TO
RULES GOVERNING ATTORNEY TRUST ACCOUNT OVERDRAFT REPORTING

    Under the authority vested in this Court pursuant to Article 7, Section 4 of the Constitution of Indiana to exercise original jurisdiction in the admission to the practice of law and the discipline or disbarment of those admitted, this Court now approves the following rule amendment promulgated by the Indiana Supreme Court Disciplinary Commission as required by Admission and Discipline Rule 23, Section 29(1)(b) (deletions shown by striking and new text shown by underlining):

INDIANA SUPREME COURT DISCIPLINARY COMMISSION
RULES GOVERNING
ATTORNEY TRUST ACCOUNT OVERDRAFT REPORTING

RULE 6. MISCELLANEOUS MATTERS
     . . .

     D.     Admission and Discipline Rule 23, section 29(a)(6) contemplates that a designee who is not admitted to practice law in Indiana may be an authorized signatory on a trust account. In the event an attorney or law firm delegates trust account signature authority to any person who is not admitted to practice law in Indiana, such delegation shall be accompanied by specific safeguards, including at a minimum the following:

    a.    All periodic account activity statements from the financial institution shall be delivered unopened to and reviewed by an attorney having supervisory authority over the non-attorney signatory; and



    b.      Responsibility for conducting periodic reconciliations between internal trust account     records and periodic trust account activity statements from the financial institution shall be     vested in a person who has no signature authority over the trust account.

     E.    All communications from financial institutions to the Disciplinary Commission shall be directed to: Executive Secretary, Indiana Supreme Court Disciplinary Commission, 115 West Washington Street, Suite 1060, Indianapolis, Indiana 46204.

    
    These amendments shall be effective January 1, 1999.
    The Clerk of this Court is ORDERED to forward a copy of this order to the Clerk of each Circuit Court in the State of Indiana; Attorney General of Indiana; Legislative Services Agency and its Office of Code Revision; Administrator, Supreme Court of Indiana; Administrator, Indiana Court of Appeals; Administrator, Indiana Tax Court; Public Defender of Indiana; Indiana Supreme Court Disciplinary Commission; Indiana Supreme Court Commission for Continuing Legal Education; Indiana Board of Law Examiners; Indiana Judicial Center; Division of State Court Administration; the libraries of all law schools in the state; The Michie Company; and West Publishing Company.
    West Publishing Company is directed to publish this order in the advance sheets of this Court.
    The Clerks of the Circuit Courts are ORDERED to bring this order to the attention of all judges within their respective counties and to post this order for examination by the Bar and general public.
    DONE at Indianapolis, Indiana, this _____ day of December, 1998.
                        
                            FOR THE COURT

                                                                             _____________________________
                            Acting Chief Justice of Indiana

    

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