Question: Can a suspended attorney’s staff continued to carry on the business of law?
Answer: No. To practice law is to carry on the business of an attorney at law. The practice of law is not defined only as the giving of legal advice or acting in a representative capacity-it also had been extended to conducting the business management of a law practice. A suspended attorney is not allowed to have his support staff continue to carry on the business of an attorney at law, i.e., to inform clients of upcoming hearing dates, to apprise them of the status of their legal matters, etc., without the direct supervision of a licensed attorney, constituted the unauthorized practice of law. The Indiana Supreme Court has cautioned that allowing non-lawyer staff any contact with clients about the legal status of their cases in the absence of a lawyer’s supervision risks harm to the legal rights of the clients. Lawyers who have been suspended from the practice of law should simply “walk away” from the practice of law to the detriment of their clients. Instead, lawyers should make arrangements for all client needs arising during the period of suspension to be handled by or under the direct supervision of a licensed attorney, or inform all clients who do not choose to use the services of the referral attorney to seek substitute legal counsel of their choice.
