15 v. << (2022)

Order Amending Commentary to Rule 1.15 of the Indiana Rules of Professional Conduct

Under the authority vested in this Court to provide by rule for the procedures employed in all courts of this state and this Court's inherent authority to supervise the administration of all courts in this state, on July 29, 2022, this Court issued an order amending Indiana Rule of Professional Conduct 1.15. That order is to be effective January 1, 2023.

The Court hereby AMENDS the new Comment 10 to that Professional Conduct Rule 1.15 as follows (deletions shown by striking and new text shown by underlining):

[10] A lawyer or law firm that includes a provision in its engagement letter or fee agreement describing this Rule 1.15 process for unclaimed and unidentified funds the language of 1.15(h) in their engagement letters or fee agreement shall receive protection from liability as long as they exercise reasonable efforts to identify the owner of unidentified funds and locate the owner of unclaimed funds.

Loretta H. Rush Chief Justice of Indiana

All Justices concur.