Indiana Lawyers: A High Standard of Professional Conduct

It is unfortunate that the State of Indiana has been embroiled in controversy that no peaceful person of any perspective would desire since the enactment of SB 101. With the enactment of Senate Enrolled Act 50, perhaps our fair state will heal from the wounds of division that the world has witnessed these past few days.

The Indiana State Bar Association’s membership includes Indiana citizens with a comparable diversity of thought and perspective to that of all other Indiana citizens. Unlike other citizens, however, we Hoosier lawyers must follow professional standards of conduct that exceed standards that apply to most other Hoosiers. We are bound by the Indiana Rules of Professional Conduct (RPC) promulgated by the Indiana Supreme Court. More than a decade ago, the Supreme Court revised RPC 8.4(g), to mandate lawyers’ conduct toward all people as follows:

“It is professional misconduct for a lawyer to engage in conduct, in a professional capacity, manifesting, by words or conduct, bias or prejudice based upon race, gender, religion, national origin, disability, sexual orientation, age socioeconomic status, or similar factors. Legitimate advocacy respecting the forgoing factors does not violate this subsection. A trial judge’s finding that preemptory challenges were exercised on a discriminatory basis does not alone establish a violation of this rule.”

The Indiana State Bar Association is open to all. The services of all Indiana lawyers are also open to all.