203 IAC 1-1-7 - Attorneys; representation

Authority: IC 5-2-6.1-46

Affected: IC 5-2-6.1

Sec. 7.

(a) Claimants have the right to be represented before the division or any representatives thereof at all stages of the proceeding by an attorney-at-law duly licensed to practice in the state of Indiana.

(b) The attorney shall file a notice of appearance prior to or at his or her first appearance. Such notice shall contain the name of the party represented and the attorney's name, address, and telephone number.

(c) If any party designates an attorney-at-law and such attorney has executed and filed with the division a notice of appearance in the matter, the notice shall remain in effect until:

(1) the party represented files with the division a written revocation of the attorney's authority;

(2) the attorney files with the division a written statement of his or her withdrawal from the case;

(3) the attorney states on the record at a division hearing that he or she is withdrawing from the case; or

(4) the division receives notice of the attorney's death or disqualification.

(d) After filing of a notice of appearance in accordance with this rule, and so long as it may remain in effect, copies of all written communications or notices to the claimant shall be sent to the attorney in lieu of the party so represented. Service upon the attorney shall be deemed service on the party so represented.

(e) Attorney's fees shall be approved by the division and shall be commensurate with services rendered to the claimant subject to the limitations of IC 5-2-6.1.

Notes

203 IAC 1-1-7

Victim Services Division; 203 IAC 1-1-7; filed Aug 26, 2004, 1:30 p.m.: 28 IR 8; readopted filed Dec 2, 2010, 2:29 p.m.: 20101229-IR-203100660RFA Readopted filed 11/30/2017, 1:38 p.m.: 20171227-IR-203170441RFA