State of Indiana Ex Rel., Indiana Supreme Court Disciplinary Commission v. Derek A. Farmer, 978 N.E.2d 409

Commission filed verified petition seeking injunction to enjoin Farmer from practicing law in Indiana (Mar. 22, 2011).
Farmer, an Ohio attorney, had no Indiana license and limited Indiana presence, working on Ivy’s post-conviction case under Ohio and Indiana contexts.
Ivy, in Delaware County, Indiana, sought post-conviction relief; Farmer provided substantial services though not admitted in Indiana.
Engagement letters and invoices show a flat fee and ongoing work from 2002–2006 related to Ivy’s case.
Ohio suspended Farmer from 2006–2008; after suspension, Farmer purportedly continued work and later terminated the agreement; no Indiana temporary admission was pursued for Ivy case.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Farmer’s Indiana work for Ivy violated Rule 5.5 as unauthorized practice.	Commission argues three-year non-temporary practice violated 5.5.	Farmer contends conduct was temporary, excerpted under 5.5(c)(2).	Not proven; conduct deemed temporary.
Whether Farmer’s travel to Indiana during Ohio suspension constituted unauthorized practice.	Travel and affidavit collection violated Indiana practice.	No conduct of interviewing or collecting affidavit established as act of practice in Indiana.	Travel/affidavit activity not constituting practice.
Whether temporary admission under Admis. Disc. Rule 3(2) could have authorized appearance in Ivy’s case.	Temporary admission unavailable due to pending Ohio discipline.	Rule 3(2) discretionary; could have permitted admission despite Ohio proceedings.	Commission failed to prove no reasonable expectation of admission; 3(2) could apply.
What standard of proof governs the Commission’s claims?	Clear and convincing burden applies.	Same standard; Farmer disputes certain factual inferences.	Burden requires clear and convincing evidence; not satisfied.

State ex rel. Indiana State Bar Ass’n v. Northouse, 848 N.E.2d 668 (Ind. 2006) (protect public from unlicensed practice; original actions allowed)
Diaz v. State, 838 N.E.2d 433 (Ind. 2005) (clear and convincing standard in disciplinary matters)
J.C.C. v. State, 897 N.E.2d 931 (Ind. 2008) (clarifies intermediate burden of proof)
Matter of Fieger, 887 N.E.2d 87 (Ind. 2008) (temporary admission under Rule 3(2) discretion of trial court)
Contempt of Mittower, 693 N.E.2d 555 (Ind. 1998) (defining core element of practicing law as giving legal advice)
Patterson v. State, 907 N.E.2d 970 (Ind. 2009) (court’s review of what constitutes practice of law)