Page:1887 Compiled Laws of Dakota Territory.pdf/154

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The Judiciary.
POLITICAL CODE.
§§ 468-473

Proof of authority. s. 7, c. 18, Pol. C.

§ 468. The court may, on motion, for either party and on the showing of reasonable grounds therefor, require the attorney for the adverse party, or for any one of the several adverse parties, to produce or prove by his oath or otherwise the authority under which he appears, and until he does so, may stay all proceedings by him on behalf of the parties for whom he assumes to appear.

Attorney must not be surety. s. 8, c. 18, Pol. C.

§ 469. No practising attorney and counselor shall be a surety in any suit or proceeding which may be instituted in any of the courts of this territory.

Lien for compensation. s. 9, c. 18, Pol. C.

§ 470. An attorney has a lien for a general balance of compensation in and for each case upon:

1. Any papers belonging to his client which have come into his hands in the course of his professional employment in the case for which the lien is claimed.

2. Money in his hands belonging to his client in the case.

3. Money due his client in the hands of the adverse party, or attorney of such party, in an action or proceeding in which the attorney claiming the lien was employed from the time of giving notice in writing to such adverse party, or attorney of such party, if the money is in the possession or under the control of such attorney, which notice shall state the amount claimed, and, in general terms, for what services.

4. After judgment in any court of record such notice may be given, and the lien made effective against the judgment debtor, by entering the same in the judgment docket opposite the entry of the judgment.

Lien released by bond. s. 10, c. 18, Pol. C.

§ 471. Any person interested may release such lien by executing a bond in a sum double the amount claimed, or in such sum as may be fixed by a judge, payable to the attorney, with security to be approved by the clerk of the court, conditioned to pay the amount finally due the attorney for his services, which amount may be ascertained by suit on the bond. Such lien will be released unless the attorney, within ten days after demand therefor, furnishes any party interested a full and complete bill of particulars of the services and amount claimed for each item or written contract with the party for whom the services were rendered.

Court may revoke or suspend license. s. 11, c. 18, Pol. C.

§ 472. Any court of record may revoke or suspend the license of an attorney or counselor at law to practice therein, but not until a copy of the charges against him shall have been delivered to him by the clerk of the court in which the proceedings shall be had, and an opportunity shall have been given to him to be heard in his defense.

Causes for suspension. s. 12, c. 18, Pol. C.

§ 473. The following are sufficient causes for revocation or suspension:

1. When he has been convicted of a felony, or of a misdemeanor involving moral turpitude, in either of which cases the record of conviction is conclusive evidence.

2. When he is guilty of a wilful disobedience or violation of the order of the court, requiring him to do or forbear an act connected with, or in the course of, his profession.

3. For a wilful violation of any of the duties of an attorney or counselor as hereinbefore prescribed.

4. For doing any other act to which such a consequence is by law attached, or upon conviction for any of the offenses mentioned in sections 6400, 6403, 6410 and 6411 of the penal code.

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