reglab/housing_qa huggingface dataset:
SD Codified L § 16-18-19 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 18 - Powers And Duties Of Attorneys|Section 16-18-19 - Attorney's duty to use truthful means.

16-18-19. Attorney's duty to use truthful means.It is the duty of an attorney and counselor at law to employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth, and never to seek to mislead the judges by any artifice or false statement of fact or law. Source: PolC 1877, ch 18, §4, subdiv 3; CL 1887, §465, subdiv 3; RPolC 1903, §697, subdiv 3; RC 1919, §5262 (3); Supreme Court Rule 13, 1939; SDC 1939 & Supp 1960, §32.1201 (3).
SD Codified L § 16-18-20 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 18 - Powers And Duties Of Attorneys|Section 16-18-20 - Attorney's power to receive money for client--Unauthorized discharge of claim prohibited.

16-18-20. Attorney's power to receive money for client--Unauthorized discharge of claim prohibited.An attorney and counselor at law has power to receive money claimed by his client in an action or proceeding during the pendency thereof or afterwards unless he has been previously discharged by his client, and upon payment thereof, and not otherwise to discharge the claim or acknowledge satisfaction of the judgment. Source: PolC 1877, ch 18, §6, subdiv 3; CL 1887, §467, subdiv 3; RPolC 1903, §699, subdiv 3; RC 1919, §5263 (3); Supreme Court Rule 14, 1939; SDC 1939 & Supp 1960, §32.1202 (3).
SD Codified L § 16-18-21 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 18 - Powers And Duties Of Attorneys|Section 16-18-21 - Attorney's lien on proceeds of action.

16-18-21. Attorney's lien on proceeds of action.An attorney and counselor at law has a lien for a general balance of compensation in and for each case upon:(1)Any paper belonging to his client which has 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; after judgment in any court of record such notice may be given and the lien made effective against the judgment debtor by entering it in the judgment docket. Source: PolC 1877, ch 18, §9; CL 1887, §470; RPolC 1903, §702; RC 1919, §5266; SDC 1939 & Supp 1960, §32.1205; SL 1983, ch 157, §3.
SD Codified L § 16-18-22 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 18 - Powers And Duties Of Attorneys|Section 16-18-22 - Bond to release attorney's lien--Bill of particulars required of attorney.

16-18-22. Bond to release attorney's lien--Bill of particulars required of attorney.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 courts, 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. Source: PolC 1877, ch 18, §10; CL 1887, §471; RPolC 1903, §703; RC 1919, §5267; SDC 1939 & Supp 1960, §32.1206.
SD Codified L § 16-18-23 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 18 - Powers And Duties Of Attorneys|Section 16-18-23 - Refusal by attorney to pay money to client as misdemeanor.

16-18-23. Refusal by attorney to pay money to client as misdemeanor.An attorney who receives the money or property of his client in the course of his professional business, and refuses to pay or deliver it in a reasonable time after demand, is guilty of a Class 2 misdemeanor. Source: PolC 1877, ch 18, §17; CL 1887, §478; RPolC 1903, §705; RC 1919, §5268; SDC 1939, §13.1257; SL 1979, ch 150, §18.
SD Codified L § 16-18-24 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 18 - Powers And Duties Of Attorneys|Section 16-18-24 - Lien as justification for withholding money from client.

16-18-24. Lien as justification for withholding money from client.When the attorney claims to be entitled to a lien upon the money or property, he is not liable to the penalties of §16-18-23 until the person demanding the money or property proffers sufficient security for the payment of the amount of the attorney's claim when it is legally ascertained. Source: PolC 1877, ch 18, §18; CL 1887, §479; RPolC 1903, §706; RC 1919, §5269; SDC 1939, §13.1257.
SD Codified L § 16-18-25 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 18 - Powers And Duties Of Attorneys|Section 16-18-25 - Security given by attorney for payment to client.

16-18-25. Security given by attorney for payment to client.An attorney is not in any case liable under §16-18-23, provided he gives sufficient security that he will pay over the whole or any portion thereof to the claimant, when he is found entitled thereto. Source: PolC 1877, ch 18, §19; CL 1887, §480; RPolC 1903, §707; RC 1919, §5270; SDC 1939, §13.1257.
SD Codified L § 16-18-26 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 18 - Powers And Duties Of Attorneys|Section 16-18-26 - Misconduct by attorney as misdemeanor.

16-18-26. Misconduct by attorney as misdemeanor.Every attorney at law who:(1)Practices any deceit or collusion, or consents to the same with intent to deceive the court or any party;(2)Intentionally delays his client's suit with a view to his own gain;(3)Intentionally receives any money or allowance for or on account of any money which he has not paid or become answerable for;(4)Makes a subsequent application to a different judge to stay the same trial of any criminal prosecution with knowledge that application for such stay has been made and denied without leave reserved to renew it, before a judge authorized to grant it; or(5)Knowingly permits any person not his general law partner or a clerk in his office to sue out any process or to prosecute or defend any action in his name; is guilty of a Class 2 misdemeanor. Source: PenC 1877, §§203, 210, 211; CL 1887, §§6403, 6410, 6411; RPenC 1903, §§206, 213, 214; RC 1919, §§3794, 3800, 3801; SDC 1939, §13.1249; SL 1979, ch 150, §19.
SD Codified L § 16-18-27 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 18 - Powers And Duties Of Attorneys|Section 16-18-27 - Attorneys for public agencies may permit use of name or office.

16-18-27. Attorneys for public agencies may permit use of name or office.Subdivision 16-18-26(5) shall not apply where the attorney general, state's attorney, or any public prosecutor or attorney for a public body permits the use of his name or office by an attorney chosen by any party in interest to sue, prosecute, defend, or participate in any action or proceeding authorized by law to be sued, prosecuted, or defended in the name of the state, the people, or of any public officer, board, or representative group of the same or any political subdivision or public district thereof. Source: PenC 1877, §212; CL 1887, §6412; RPenC 1903, §215; RC 1919, §3802; SDC 1939, §13.1249.
SD Codified L § 16-18-28 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 18 - Powers And Duties Of Attorneys|Section 16-18-28 - Liability of attorney for treble damages for misconduct.

16-18-28. Liability of attorney for treble damages for misconduct.Any attorney who violates any of the provisions of subdivision 16-18-26(1), (2), or (3) shall be liable for treble damages to the party injured, which damages may be recovered in a civil action from such attorney. Source: PenC 1877, §210; CL 1887, §6410; RPenC 1903, §213; RC 1919, §3800; SDC 1939 & Supp 1960, §37.1911.
SD Codified L § 16-18-29 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 18 - Powers And Duties Of Attorneys|Section 16-18-29 - Acceptance of consideration from defendant by attorney for public agency as misdemeanor.

16-18-29. Acceptance of consideration from defendant by attorney for public agency as misdemeanor.Every attorney general, state's attorney, or other public prosecutor, or any attorney directly or indirectly connected therewith as a partner, who receives directly or indirectly from or on behalf of any defendant any valuable consideration, upon any understanding or agreement, express or implied, having relation to the defense of any action or proceeding, civil or criminal, for or in behalf of the public against such defendant, which action or proceeding is then under preparation, pending, or having theretofore been prosecuted by such attorney, is guilty of a Class 2 misdemeanor. Nothing in this section shall prohibit any attorney from acting as such on his own behalf when prosecuted either civilly or criminally. Source: PenC 1877, §§730 to 732; CL 1887, §§6921 to 6923; RPenC 1903, §§754 to 756; RC 1919, §§4370 to 4372; SDC 1939, §13.1250; SL 1979, ch 150, §20.
SD Codified L § 16-18-31 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 18 - Powers And Duties Of Attorneys|Section 16-18-31 - Withdrawal of attorney of record--When permitted.

16-18-31. Withdrawal of attorney of record--When permitted.No attorney who has appeared of record in any civil or criminal proceeding shall be permitted to withdraw in any pending action except by order of the court after notice to all parties concerned. Source: Supreme Court Rule 80-9.
SD Codified L § 16-18-32 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 18 - Powers And Duties Of Attorneys|Section 16-18-32 - Attorney authorized to remove files from offices of clerks of court--Electronic transmission of copies.

16-18-32. Attorney authorized to remove files from offices of clerks of court--Electronic transmission of copies.An attorney and counselor at law may temporarily withdraw and transport to the attorney's office at the attorney's expense, for purposes of inspection or copying, any file which is open to public inspection in the offices of the clerks of court. Any such file shall be returned if needed and requested by the court or the clerk thereof. This authorization may be suspended, in regard to any individual attorney, by the presiding judge for good cause or for previous failure to comply with the provisions of this section. In lieu of file removal, copies of the file or requested portions may be transmitted to the attorney electronically as determined by circuit policy. Source: SL 1984, ch 153; SL 2010, ch 108, §1.
SD Codified L § 16-18-34 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 18 - Powers And Duties Of Attorneys|Section 16-18-34 - Definition of legal assistant.

16-18-34. Definition of legal assistant.Legal assistants (also known as paralegals) are a distinguishable group of persons who assist licensed attorneys in the delivery of legal services. Through formal education, training, and experience, legal assistants have knowledge and expertise regarding the legal system, substantive and procedural law, the ethical considerations of the legal profession, and the Rules of Professional Conduct as stated in chapter 16-18, which qualify them to do work of a legal nature under the employment and direct supervision of a licensed attorney. This rule shall apply to all unlicensed persons employed by a licensed attorney who are represented to the public or clients as possessing training or education which qualifies them to assist in the handling of legal matters or document preparation for the client. Source: SL 1992, ch 370 (Supreme Court Rule 92-5); Supreme Court Rule 97-25.
SD Codified L § 16-18-34.1 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 18 - Powers And Duties Of Attorneys|Section 16-18-34.1 - Minimum qualifications.

16-18-34.1. Minimum qualifications.Any person employed by a licensed attorney as a legal assistant must meet the minimum qualifications of:(1)Successful completion of the Certified Legal Assistant (CLA) examination of the National Association of Legal Assistants, Inc.; or(2)Graduation from an ABA approved program of study for legal assistants; or(3)Graduation from a course of study for legal assistants which is institutionally accredited but not ABA approved, and which requires not less than the equivalent of sixty semester hours of classroom study; or(4)Graduation from a course of study for legal assistants, other than those set forth in (2) and (3) above, plus not less than six months of in-house training as a legal assistant; or(5)A baccalaureate degree in any field, plus not less than six months in-house training as a legal assistant; or(6)A minimum of three years of law-related experience under the supervision of a licensed attorney, including at least six months of in-house training as a legal assistant; or(7)Two years of in-house training as a legal assistant.Provided, further, that any legal assistant hereunder shall have a high school diploma or general equivalency diploma (GED).For purposes of these standards, "in-house training as a legal assistant" means legal education of the employee by a licensed attorney concerning legal assistant duties and these guidelines. In addition to review and analysis of assignments, the legal assistant should receive a reasonable amount of instruction directly related to the duties and obligations of the legal assistant and the Rules of Professional Conduct as stated in this chapter. Source: Supreme Court Rule 97-25.
SD Codified L § 16-18-34.2 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 18 - Powers And Duties Of Attorneys|Section 16-18-34.2 - Utilization of legal assistants.

16-18-34.2. Utilization of legal assistants.Utilization of legal assistants by licensed attorneys is subject to the following rules:(1)An attorney may permit a legal assistant to assist in all aspects of the attorney's representation of a client, provided that:(a)The status of the legal assistant is disclosed at the outset of any professional relationship with a client, other attorneys, courts or administrative agencies, or members of the general public;(b)The attorney establishes the attorney-client relationship, is available to the client, and maintains control of all client matters;(c)The attorney reviews the legal assistant's work product and supervises performance of the duties assigned;(d)The attorney remains responsible for the services performed by the legal assistant to the same extent as though such services had been furnished entirely by the attorney and such actions were those of the attorney;(e)The services performed by the legal assistant supplement, merge with and become part of the attorney's work product;(f)The services performed by the legal assistant do not require the exercise of unsupervised legal judgment; this provision does not prohibit a legal assistant appearing and representing a client at an administrative hearing provided that the agency or board having jurisdiction does not have a rule forbidding persons other than licensed attorneys to do so and providing that the other rules pertaining to the utilization of legal assistants are met; and(g)The attorney instructs the legal assistant concerning standards of client confidentiality.A legal assistant may not establish the attorney-client relationship, set legal fees, give legal advice or represent a client in court; nor encourage, engage in, or contribute to any act which would constitute the unauthorized practice of law.(2)A legal assistant may author and sign correspondence on the attorney's letterhead, provided the legal assistant's status is indicated and the correspondence does not contain legal opinions or give legal advice.(3)An attorney may identify a legal assistant by name and title on the attorney's letterhead and on business cards identifying the attorney's firm. Source: Supreme Court Rule 97-25.
SD Codified L § 16-18-34.4 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 18 - Powers And Duties Of Attorneys|Section 16-18-34.4 - Certain individuals disqualified.

16-18-34.4. Certain individuals disqualified.The following persons shall not serve as a legal assistant in the State of South Dakota except upon application to and approval of the Supreme Court:(1)Any person convicted of a felony;(2)Any person disbarred or suspended from the practice of law in any jurisdiction;(3)Any person placed on medical inactive status under §16-19-48 or 16-19-92;(4)Any person placed on temporary suspension from the practice of law under §16-19-35.1. Source: Supreme Court Rule 97-25; SL 2018, ch 302 (Supreme Court Rule 18-11), eff. July 1, 2018.
SD Codified L § 16-18-34.5 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 18 - Powers And Duties Of Attorneys|Section 16-18-34.5 - Application by disqualified persons--Requirements--Hearing--Burden of proof.

16-18-34.5. Application by disqualified persons--Requirements--Hearing--Burden of proof.The application by a person disqualified under §16-18-34.4 must establish the applicant's good moral character, competency, education, training, or experience in the legal system, substantive and procedural law, and the Rules of Professional Conduct, and the ability to comply with the ethical considerations of §16-18-34.3.The applicant shall have the burden of demonstrating by clear and convincing evidence that the applicant has the moral and ethical qualifications, competency and learning in law required to act as a legal assistant in this state and that acting as a legal assistant within the state will not be detrimental to the integrity and standing of the bar or the administration of justice, or subversive of the public interest.The Supreme Court may act upon the application or, where no recommendations have been made under §16-18-34.7, refer the application to the Disciplinary Board if the applicant was an attorney or to a circuit judge for testimony, findings, and recommendations. The cost of such hearing will be paid as provided by §16-19-70.1.The Supreme Court may deny the application if it finds approval would be detrimental to the integrity and standing of the bar or the administration of justice or subversive of the public interest. If the applicant has met the burden of proof, the Supreme Court may grant the application and impose such restrictions or conditions upon the employment and supervision of legal assistants as the court deems appropriate for the protection of the public. Source: Supreme Court Rule 97-25.
SD Codified L § 16-18-34.6 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 18 - Powers And Duties Of Attorneys|Section 16-18-34.6 - Revocation of order for disqualified persons--Hearing--Burden of proof.

16-18-34.6. Revocation of order for disqualified persons--Hearing--Burden of proof.The order granting approval for a disqualified person to act as a legal assistant may be revoked by the Supreme Court upon violation of the conditions set by the court, violation of the requirements of §§16-18-34 to 16-18-34.5, inclusive, or the termination of employment with the supervising attorney without an approved replacement supervising attorney. The Supreme Court may act to revoke the order upon its own motion, or upon a complaint, may refer the complaint to the Disciplinary Board or a circuit judge for testimony, findings, and recommendations. The cost of such hearing will be paid as provided by §16-19-70.1. Source: Supreme Court Rule 97-25.
SD Codified L § 16-18-34.7 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 18 - Powers And Duties Of Attorneys|Section 16-18-34.7 - Recommendations in attorney disciplinary proceedings.

16-18-34.7. Recommendations in attorney disciplinary proceedings. Any recommendation for disbarment or suspension made by the Disciplinary Board or the referee under § 16-19-67 shall contain a recommendation as to the restrictions or conditions of employment and supervision of the accused attorney as a legal assistant. Source: Supreme Court Rule 97-25; SL 2021, ch 258 (Supreme Court Rule 21-06), eff. Feb. 23, 2021.
SD Codified L § 16-19-20 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 19 - Discipline Of Attorneys|Section 16-19-20 - Inherent power of Supreme Court.

16-19-20. Inherent power of Supreme Court.The Supreme Court declares that it has inherent power to supervise the conduct of attorneys who are its officers. Source: Supreme Court Rule 78-1, Preamble.
SD Codified L § 16-19-21 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 19 - Discipline Of Attorneys|Section 16-19-21 - Attorneys subject to discipline by Supreme Court and board.

16-19-21. Attorneys subject to discipline by Supreme Court and board.Any attorney admitted to practice law in this state and any attorney specially admitted by a court of this state for a particular proceeding is subject to the inherent disciplinary jurisdiction of the Supreme Court and the board established by §16-19-24. Source: Supreme Court Rule 78-1, Rule I (a); SL 2016, ch 246 (Supreme Court Rule 16-07), eff. July 1, 2016.
SD Codified L § 16-19-22 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 19 - Discipline Of Attorneys|Section 16-19-22 - Supreme Court exclusive power to disbar or suspend attorney.

16-19-22. Supreme Court exclusive power to disbar or suspend attorney.The Supreme Court has the sole power to disbar and strike from the roster any attorney. The Supreme Court also has the power to suspend any attorney from the practice for such time not to exceed three years, to publicly censure an attorney, and to impose probation or conditions as shall seem just for cause shown. Source: SL 1893, ch 21, §8; SL 1899, ch 49, §1; SL 1901, ch 60, §8; RPolC 1903, §692; RC 1919, §5273; SDC 1939 & Supp 1960, §32.1208; SDCL §16-19-1; SL 2016, ch 246 (Supreme Court Rule 16-08), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.