reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 17 - The State Bar › Section 16-17-7 - Bylaws and rules adopted by bar--Approval by Supreme Court.

16-17-7. Bylaws and rules adopted by bar--Approval by Supreme Court.
The State Bar shall have the power at any annual or regularly called special meeting to adopt such bylaws and rules not inconsistent with the laws of this state, as may be deemed necessary for its government, which bylaws and rules shall become effective upon approval by the Supreme Court.
Source:
SL 1931, ch 84, §7; SDC 1939 & Supp 1960, §32.1116.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 17 - The State Bar › Section 16-17-8 - Amendment of bylaws and rules--Approval by Supreme Court.

16-17-8. Amendment of bylaws and rules--Approval by Supreme Court.
Amendments to bylaws and rules of the State Bar may be adopted in like manner, at any regular or special meeting of the State Bar, and shall become effective upon approval by the Supreme Court.
Source:
SL 1931, ch 84, §8; SDC 1939 & Supp 1960, §32.1117.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 17 - The State Bar › Section 16-17-9 - Rules of professional conduct formulated by bar--Professional fees not regulated.

16-17-9. Rules of professional conduct formulated by bar--Professional fees not regulated.
The State Bar shall continue to have power to formulate from time to time, subject to the approval of the Supreme Court, rules of professional conduct for all members. Said State Bar shall not have power or authority to fix the fees to be charged by its members for professional services.
Source:
SL 1931, ch 84, §12; SDC 1939 & Supp 1960, §32.1122.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 17 - The State Bar › Section 16-17-10 - Bylaws, rules, and regulations binding on members of bar--Violation as ground for discipline.

16-17-10. Bylaws, rules, and regulations binding on members of bar--Violation as ground for discipline.
The bylaws, rules, and regulations heretofore adopted by the State Bar and approved by the Supreme Court, and which may hereafter be so adopted and approved as herein provided, are and shall be binding upon all members of the State Bar and the willful violation of any such bylaw, rule, or regulation by any member of the State Bar shall constitute sufficient grounds for the discipline of such member under the procedure set out in chapter 16-19.
Source:
SL 1931, ch 84, §13; SDC 1939 & Supp 1960, §32.1123; Supreme Court Rule 78-1, Rule XX(c).
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 17 - The State Bar › Section 16-17-11 - Membership lists furnished to clerks of court by State Bar.

16-17-11. Membership lists furnished to clerks of court by State Bar.
It shall be the duty of the secretary of the State Bar to furnish the clerk of courts of each organized county in the state, the clerk of the Supreme Court, and the clerk of the United States District Court for the District of South Dakota, a list of the names of active members of the State Bar in good standing, such lists to be furnished as of the fifteenth day of March of each year, and corrections and additions to such list shall be furnished as occasion may arise.
Source:
State Bar Bylaws, §21, August 26, 1932, approved by Supreme Court September 14, 1932; SDC 1939 & Supp 1960, §32.1120.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 17A - Assistance To Impaired Lawyers And Judges › Section 16-17A-1 - Definitions.

16-17A-1. Definitions.
Terms used in this chapter mean:
(1)"Impaired," a deficit in cognitive ability to act in compliance with the Rules of Professional Conduct, the Code of Judicial Conduct, and any other standards required of practicing attorneys and judges, because of an addiction to alcohol, drugs, gambling, or any other medical condition;
(2)"Confidential information," any information, regardless of the form in which it is transmitted or stored, communicated to the State Bar, the Supreme Court, or the Unified Judicial System, for the sole purpose of assisting a lawyer or judge, who is impaired or suspected of being impaired, in obtaining medical or therapeutic treatment for the impairment or other related support services. The term does not include any information in the public record prior to the communication.
Source:
SL 2021, ch 88, § 1.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 17A - Assistance To Impaired Lawyers And Judges › Section 16-17A-2 - Immunity for assistance--Exclusions.

16-17A-2. Immunity for assistance--Exclusions.
A person is immune from liability for any damages to any person or property caused by the person's acts or omissions in assisting or offering to assist a lawyer or judge who is impaired or suspected of being impaired in obtaining medical or therapeutic treatment for the impairment or other related support services. This section does not apply to any:
(1)Health care provider or counselor who receives compensation or anything of value, including payments from an insurance policy or federal or state health care program, for providing treatment or other services to a lawyer or judge who is impaired or suspected of being impaired; or
(2)Damages caused by willful or criminal misconduct, gross negligence, or reckless misconduct.
Source:
SL 2021, ch 88, § 2.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 17A - Assistance To Impaired Lawyers And Judges › Section 16-17A-3 - Immunity for reporting--Exclusions.

16-17A-3. Immunity for reporting--Exclusions.
A person is immune from liability for any damages to any person or property caused by the person's acts or omissions in reporting a lawyer or judge who is impaired or suspected of being impaired to the State Bar, the Supreme Court, any associated assistance committee or entity established or approved by the State Bar or the Supreme Court, or the Unified Judicial System. This section does not apply to any damages caused by willful or criminal misconduct, gross negligence, or reckless misconduct. This section does not relieve any lawyer or judge from any responsibility under the Rules of Professional Conduct or the Code of Judicial Conduct.
Source:
SL 2021, ch 88, § 3.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 17A - Assistance To Impaired Lawyers And Judges › Section 16-17A-4 - Confidential information--Source--Limited disclosure--Limited use.

16-17A-4. Confidential information--Source--Limited disclosure--Limited use.
The State Bar, the Supreme Court, any assistance committee or associated entity established or approved by the State Bar or Supreme Court, or Unified Judicial System may not disclose the source of any confidential information or disclose or use any confidential information for any purpose other than to assist the lawyer or judge who is the subject of the confidential information in obtaining medical or therapeutic treatment or other related support services.
Source:
SL 2021, ch 88, § 4.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 18 - Powers And Duties Of Attorneys › Section 16-18-1 - License and bar membership required to practice law--Injunction to restrain violations.

16-18-1. License and bar membership required to practice law--Injunction to restrain violations.
Excepting as provided by §16-18-2, no person shall engage in any manner in the practice of law in the State of South Dakota unless such person be duly licensed as an attorney at law, and be an active member of the State Bar in good standing. Any person engaging in any manner in the practice of law in violation of this section may be restrained by permanent injunction in any court of competent jurisdiction, at the suit of the attorney general or any citizen of the state.
Source:
SL 1931, ch 84, §11; SDC 1939, §32.1121; SL 1945, ch 143; SL 1959, ch 229.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 18 - Powers And Duties Of Attorneys › Section 16-18-1.1 - Sexual harassment prevention training for attorneys.

16-18-1.1. Sexual harassment prevention training for attorneys.
Each active member of the State Bar of South Dakota shall complete sexual harassment prevention training offered or approved by the State Bar of South Dakota within two years following admission to the practice of law or within two years after the enactment of this rule, and once every three years thereafter. Failure to complete such required training will result in the member being placed on inactive status and may be grounds for disciplinary action.
Source: SL 2022, ch 259 (
Supreme Court Rule 22-06), eff. Feb. 1, 2022.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 18 - Powers And Duties Of Attorneys › Section 16-18-2.1 - Legal assistance by law students--Purpose of provisions.

16-18-2.1. Legal assistance by law students--Purpose of provisions.
The bench and the bar are primarily responsible for providing competent legal services for all persons including those unable to pay for these services. As one means of providing assistance to lawyers and to encourage law schools to provide field placement instruction in legal work of varying kinds, §§16-18-2.2 to 16-18-2.10, inclusive, are adopted. For the purposes of §§16-18-2.1 to 16-18-2.10, "extern" means a student in a field placement program for academic credit offered by a school of law in accordance with the American Bar Association Standards for Approval of Law Schools, and "intern" means any other student providing legal assistance under the supervising lawyer.
Source:
Supreme Court Order No. 3, 1969; SL 2011, ch 249 (Supreme Court Rule 11-06), eff. July 1, 2011.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 18 - Powers And Duties Of Attorneys › Section 16-18-2.2 - Requirements for participation by law student.

16-18-2.2. Requirements for participation by law student.
In order to make an appearance and to participate pursuant to §§16-18-2.1 to 16-18-2.10, inclusive, the law student must:
(1)Be duly enrolled in or a graduate of the school of law of the University of South Dakota or a law school approved by the American Bar Association.
(2)Have completed legal studies amounting to at least four semesters or the equivalent if the school is on some basis other than a semester basis.
(3)Be certified by the dean of such law school as being of good moral character and competent legal ability, and as being adequately trained to perform as a legal intern or extern. As a part of the certificate the dean shall set forth the termination date of the certificate. No certificate shall remain in effect in excess of eighteen months after it is filed.
(4)Be introduced to the court or administrative agency in which he or she is appearing as a legal intern or extern by a lawyer authorized to practice law in this state.
(5)Neither ask nor receive any compensation or remuneration of any kind for his or her services from the person on whose behalf he or she renders services, but this shall not prevent a lawyer, legal aid bureau, law school, public defender agency, or the state from paying compensation to the legal intern, nor shall it prevent any agency from making such charges for its services as it may otherwise properly require, or prevent any agency or lawyer from reimbursing a legal intern or extern for reasonable, out-of-pocket expenses related to the field placement.
(6)Certify in writing that he or she has read and is familiar with the rules of professional conduct of the Supreme Court of South Dakota, this title and the provisions of §19-19-502, and agree to govern his or her conduct accordingly. Such certification shall either be made part of or shall be annexed to the certification of the dean of the law school as required by subdivision (3) of this section.
Source:
Supreme Court Order No. 3, 1969; Supreme Court Rule 75-4, §1; Supreme Court Rule 80-16; Supreme Court Rule 87-13; SL 1988, ch 432; SL 1989, ch 30, §49; SL 2011, ch 240 (Supreme Court Rule 10-16), eff. July 1, 2011; SL 2011, ch 250 (Supreme Court Rule 11-07), eff. July 1, 2011.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 18 - Powers And Duties Of Attorneys › Section 16-18-2.3 - Certification of legal intern or extern by law school dean--Filing--Effective period--Withdrawal by dean or termination by Supreme Court.

16-18-2.3. Certification of legal intern or extern by law school dean--Filing--Effective period--Withdrawal by dean or termination by Supreme Court.
The certification pursuant to §16-18-2.2 by the law school dean of a law student to become and perform as a legal intern or extern:
(1)Shall be filed with the clerk of the Supreme Court and the secretary of the Board of Bar Examiners and, unless it is sooner withdrawn, it shall remain in effect until the expiration of the term fixed by the certificate of the dean, or until the announcement by the Board of Bar Examiners of this state of the results of the first bar examination following the student's graduation, whichever is earlier. Provided, that as to any student who passes such examination, the certification shall continue in effect until the date he or she is admitted to practice law pursuant to §16-16-17; but such continuation shall not exceed three months. However, any student who fails such examination on the first occasion may apply to the dean of such law school and obtain, upon a showing of good cause in good faith, an extension certificate until the results of the next bar examination are announced. The Board of Bar Examiners announces the results of the bar examination by letter to the student informing him or her that s/he passed or failed the examination.
(2)May be withdrawn by the dean at any time by mailing a notice to that effect to the secretary of the Board of Bar Examiners and the clerk of the Supreme Court, which shall be filed by the clerk. Such withdrawal may be without notice or hearing and without any showing of cause.
(3)May be terminated by the Supreme Court at any time without notice or hearing and without any showing of cause. Notice of termination shall be filed with the clerk of the court and the secretary of the Board of Bar Examiners.
(4)May be terminated by the Board of Bar Examiners at any time without notice of hearing and without any showing of cause. Notice of termination shall be filed with the clerk of the Supreme Court.
Source:
Supreme Court Order No. 3, 1969; Supreme Court Rule 75-4, §2; Supreme Court Rule 89-14; SL 2011, ch 241 (Supreme Court Rule 10-17), eff. July 1, 2011; SL 2011, ch 251 (Supreme Court Rule 11-08), eff. July 1, 2011.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 18 - Powers And Duties Of Attorneys › Section 16-18-2.4 - Consent and approval for appearance by legal intern or extern--Authority for appearance in civil and criminal matters.

16-18-2.4. Consent and approval for appearance by legal intern or extern--Authority for appearance in civil and criminal matters.
A legal intern or extern may appear and participate in any proceeding in any court or before any administrative agency in this state on behalf of any person in the following matters and under the following circumstances:
(1)In any civil matter. In such matters a supervising lawyer shall certify to the court or the administrative agency, orally or in writing, that the client has consented to the appearance of the legal intern or extern. A supervising lawyer is required to be personally present in court or before the administrative agency at each appearance by a legal intern.
(2)In any criminal or quasi-criminal matter, and whether the defendant does or does not have the right to the assignment of counsel under any constitutional provision, statute, or rule of the Supreme Court of this state or of the United States. In such matters the client shall consent in writing and a supervising lawyer shall approve in writing the appearance by the legal intern or extern and the supervising lawyer shall be personally present throughout the proceedings.
Source:
Supreme Court Order No. 3, 1969; Supreme Court Rule 75-4, §3; SL 2011, ch 242 (Supreme Court Rule 10-18), eff. July 1, 2011; SL 2011, ch 252 (Supreme Court Rule 11-09), eff. July 1, 2011.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 18 - Powers And Duties Of Attorneys › Section 16-18-2.5 - Appearance by legal intern or extern for state, county, or first or second class municipality.

16-18-2.5. Appearance by legal intern or extern for state, county, or first or second class municipality.
A legal intern or extern may appear in any civil, criminal, or quasi-criminal matter on behalf of the state, a county, or a first or second class municipality with the written approval of the attorney general, state's attorney, or city attorney, as the case may be. The legal intern or extern shall be under the supervision of the approving attorney, or of a deputy or assistant thereof, who has the responsibility as supervising lawyer. The approval may be for a specific case or matter or may be general for a series or type of cases or matters as appears in order to the approving attorney. The approval may be withdrawn at any time by the approving attorney without notice, hearing, or cause stated; and the withdrawal shall be filed pursuant to §16-18-2.8. Unless the court orders otherwise, the appearance by the legal intern or extern may be in the absence of the supervising lawyer.
Source:
Supreme Court Order No. 3, 1969; Supreme Court Rule 75-4, §4; SL 1992, ch 60, §2; SL 2011, ch 253 (Supreme Court Rule 11-10), eff. July 1, 2011.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 18 - Powers And Duties Of Attorneys › Section 16-18-2.6 - Preparation of pleadings, briefs, and other documents by legal intern or extern.

16-18-2.6. Preparation of pleadings, briefs, and other documents by legal intern or extern.
In addition to the activities authorized under §§16-18-2.4 and 16-18-2.5, except as may be limited by the certificate of the dean, a legal intern or extern may engage in other activities, under the general supervision of a supervising lawyer, but outside the personal presence of that lawyer, including but not limited to preparation of pleadings, abstracts, and other documents in any matter; but any item requiring signature under rule or statute must be signed by a lawyer authorized to practice law in this state.
Source:
Supreme Court Order No. 3, 1969; Supreme Court Rule 75-4, §5; SL 2011, ch 254 (Supreme Court Rule 11-11), eff. July 1, 2011.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 18 - Powers And Duties Of Attorneys › Section 16-18-2.7 - Oral argument by legal intern or extern before Supreme Court.

16-18-2.7. Oral argument by legal intern or extern before Supreme Court.
A legal intern or extern may participate in oral argument before the Supreme Court but only in the presence of a supervising lawyer who shall certify to the court in his or her introduction of the legal intern or extern to the court that the client has approved the participation by the legal intern or extern.
Source:
Supreme Court Order No. 3, 1969; Supreme Court Rule 75-4, §6; SL 2011, ch 243 (Supreme Court Rule 10-19), eff. July 1, 2011; SL 2011, ch 255 (Supreme Court Rule 11-12), eff. July 1, 2011.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 18 - Powers And Duties Of Attorneys › Section 16-18-2.8 - Notation of oral consent and approval of appearance by legal intern or extern--Filing of written consent.

16-18-2.8. Notation of oral consent and approval of appearance by legal intern or extern--Filing of written consent.
In each case where the consent and/or approval referred to in §§16-18-2.4, 16-18-2.5, and 16-18-2.7 is required, any oral certification of a supervising lawyer shall be noted by the court or presiding officer of the administrative agency on its records of the case and any written consent and/or approval shall be filed in the record of the case and shall be brought to the attention of the judge of the court or the presiding officer of the administrative agency. Provided, however, a general approval by the attorney general, state's attorney, or city attorney pursuant to §16-18-2.5 shall be filed with the clerk of the applicable court and brought to the attention of the judge thereof.
Source:
Supreme Court Order No. 3, 1969; Supreme Court Rule 75-4, §7; SL 2011, ch 256 (Supreme Court Rule 11-13), eff. July 1, 2011.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 18 - Powers And Duties Of Attorneys › Section 16-18-2.9 - Qualifications of supervising lawyer--Professional responsibility.

16-18-2.9. Qualifications of supervising lawyer--Professional responsibility.
A supervising lawyer under whose supervision a legal intern or extern does any of the things permitted by §§16-18-2.4 to 16-18-2.7, inclusive, shall be a lawyer authorized to practice law in this state, and:
(1)Shall be approved by the dean of the school of law of the University of South Dakota or by the director of the externship program of the school of law; and such approval by the dean or the director may be general, may have time, scope, or case limitations, or may be on an ad hoc case by case basis; all such as the dean or the director shall from time to time determine. The approval may be modified or withdrawn by the dean or the director at any time without notice or hearing and without any showing of cause. Such approval shall be in writing except that at the option of the dean or the director the approval may be oral for all matters relating to the externship program.
(2)Shall assume personal professional responsibility for the conduct of the legal intern or extern.
Source:
Supreme Court Order No. 3, 1969; Supreme Court Rule 75-4, §8; SL 2011, ch 257 (Supreme Court Rule 11-14), eff. July 1, 2011.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 18 - Powers And Duties Of Attorneys › Section 16-18-2.10 - Other rights not affected by provisions for legal assistance by legal interns or externs.

16-18-2.10. Other rights not affected by provisions for legal assistance by legal interns or externs.
Nothing contained in §§16-18-2.1 to 16-18-2.9, inclusive, shall affect the right of any person who is not admitted to practice law to do anything that he or she might lawfully do prior to the adoption of §§16-18-2.1 to 16-18-2.9, inclusive.
Source:
Supreme Court Order No. 3, 1969; Supreme Court Rule 75-4, §9; SL 2011, ch 258 (Supreme Court Rule 11-15), eff. July 1, 2011.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 18 - Powers And Duties Of Attorneys › Section 16-18-5.1 - Temporary waiver of admission requirements for nonresident defense counsel where county is experiencing significant increase in criminal cases.

16-18-5.1. Temporary waiver of admission requirements for nonresident defense counsel where county is experiencing significant increase in criminal cases.
The Chief Justice of the South Dakota Supreme Court may waive any requirement of §16-18-2 and admit any attorney licensed in the another jurisdiction within the United States, for a period not to exceed one year, for the limited purpose of defending any defendant charged in a county that is experiencing a significant increase in criminal cases such that the resources in that area cannot satisfy the needs of criminal defense if the Chief Justice deems that the waiver is necessary in the interest of the sound administration of justice.
Source:
SL 2017, ch 42, §2, eff. Mar. 13, 2017.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 18 - Powers And Duties Of Attorneys › Section 16-18-6 - Contracts and powers of disbarred attorney void.

16-18-6. Contracts and powers of disbarred attorney void.
Any contract, power of attorney, or other instrument authorizing, directing, or empowering, or attempting to authorize, direct, or empower any person whose license to practice law in the State of South Dakota has been revoked, to institute or attempt to institute any legal proceedings in any court of this state in behalf of the person or persons executing such power of attorney, contract, or other instrument, shall be and the same is hereby declared to be null and void.
Source:
SL 1919, ch 115, §1; SDC 1939 & Supp 1960, §32.1207.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 18 - Powers And Duties Of Attorneys › Section 16-18-7 - Solicitation, acceptance of employment, or practice by disbarred or suspended attorney as misdemeanor.

16-18-7. Solicitation, acceptance of employment, or practice by disbarred or suspended attorney as misdemeanor.
Any person whose license to practice law has been revoked or suspended, who solicits or accepts any power of attorney or other instrument authorizing, directing, or empowering, or attempting to authorize, direct, or empower him to institute or attempt to institute any legal proceedings in any court of this state in behalf of the person executing such power of attorney or other instrument, or who attempts to institute any legal proceedings by virtue of the authority granted to him for such power of attorney or other instrument, or who solicits authority to act as agent for, or acts as agent for another in employing a licensed attorney at law to institute or attempt to institute legal proceedings in any court of this state in behalf of his principal, is guilty of a Class 2 misdemeanor.
Source:
SL 1919, ch 115, §1; SDC 1939, §13.1256; SL 1979, ch 150, §15.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 18 - Powers And Duties Of Attorneys › Section 16-18-8 - Assistance to or acceptance of employment from disbarred or suspended attorney as misdemeanor.

16-18-8. Assistance to or acceptance of employment from disbarred or suspended attorney as misdemeanor.
Any licensed attorney at law who accepts employment from, or assists, or agrees to assist any person whose license to practice law has been revoked or suspended, in any proceedings instituted or attempted to be instituted in any of the courts of this state, by such person by virtue of the power of attorney or other instrument or agency referred to in §16-18-7, is guilty of a Class 2 misdemeanor.
Source:
SL 1919, ch 115, §2; SDC 1939, §13.1256; SL 1979, ch 150, §16.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 18 - Powers And Duties Of Attorneys › Section 16-18-9 - Attorney's power to execute bonds and instruments for client.

16-18-9. Attorney's power to execute bonds and instruments for client.
An attorney and counselor at law has power to execute in the name of his client a bond or other written instrument necessary and proper for the prosecution of an action or proceeding about to be or already commenced; or for the prosecution or defense of any right growing out of an action, proceeding, or final judgment rendered therein.
Source:
PolC 1877, ch 18, §6, subdiv 1; CL 1887, §467, subdiv 1; RPolC 1903, §699, subdiv 1; RC 1919, §5263 (1); Supreme Court Rule 14, 1939; SDC 1939 & Supp 1960, §32.1202 (1).
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 18 - Powers And Duties Of Attorneys › Section 16-18-10 - Attorney not to be surety--Violation as misdemeanor.

16-18-10. Attorney not to be surety--Violation as misdemeanor.
No practicing attorney and counselor at law shall be a surety in any suit or proceeding which may be instituted in any of the courts of this state. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1872-3, ch 48, §1; PolC 1877, ch 18, §8; CL 1887, §469; RPolC 1903, §701; RC 1919, §5265; Supreme Court Rule 16, 1939; SDC 1939 & Supp 1960, §32.1204; SL 1979, ch 150, §17.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 18 - Powers And Duties Of Attorneys › Section 16-18-11 - Attorney's power to bind client by agreements--Evidence of agreement.

16-18-11. Attorney's power to bind client by agreements--Evidence of agreement.
An attorney and counselor at law has power to bind his client to any agreement in respect to any proceeding within the scope of his proper duties and powers; but no evidence of any such agreement is receivable except the statement of the attorney himself, his written agreement signed and filed with the clerk, or an entry thereof upon the records of the court.
Source:
PolC 1877, ch 18, §6, subdiv 2; CL 1887, §467, subdiv 2; RPolC 1903, §699, subdiv 2; RC 1919, §5263 (2); Supreme Court Rule 14, 1939; SDC 1939 & Supp 1960, §32.1202 (2).
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 18 - Powers And Duties Of Attorneys › Section 16-18-12 - Proof of authority required of attorney.

16-18-12. Proof of authority required of attorney.
The court may on motion of either party and on 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.
Source:
PolC 1877, ch 18, §7; CL 1887, §468; RPolC 1903, §700; RC 1919, §5264; Supreme Court Rule 15, 1939; SDC 1939 & Supp 1960, §32.1203.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 18 - Powers And Duties Of Attorneys › Section 16-18-13 - Attorney's duty to respect courts.

16-18-13. Attorney's duty to respect courts.
It is the duty of an attorney and counselor at law to maintain the respect due to the courts of justice and judicial officers.
Source:
PolC 1877, ch 18, §4, subdiv 1; CL 1887, §465, subdiv 1; RPolC 1903, §697, subdiv 1; RC 1919, §5262 (1); Supreme Court Rule 13, 1939; SDC 1939 & Supp 1960, §32.1201 (1).
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 18 - Powers And Duties Of Attorneys › Section 16-18-14 - Attorney's duty to respect reputation of parties and witnesses.

16-18-14. Attorney's duty to respect reputation of parties and witnesses.
It is the duty of an attorney and counselor at law to abstain from all offensive personalities and to advance no fact prejudicial to the honor or reputation of a party or witness unless required by the justice of the cause with which he is charged.
Source:
PolC 1877, ch 18, §4, subdiv 5; CL 1887, §465, subdiv 5; RPolC 1903, §697, subdiv 5; RC 1919, §5262 (5); Supreme Court Rule 13, 1939; SDC 1939 & Supp 1960, §32.1201 (5).
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 18 - Powers And Duties Of Attorneys › Section 16-18-15 - Attorney not to maintain unjustified actions or defenses--Criminal defense excepted.

16-18-15. Attorney not to maintain unjustified actions or defenses--Criminal defense excepted.
It is the duty of an attorney and counselor at law to counsel or maintain no other actions, proceedings, or defenses than those which appear to him legal and just, except the defense of a person charged with a public offense.
Source:
PolC 1877, ch 18, §4, subdiv 2; CL 1887, §465, subdiv 2; RPolC 1903, §697, subdiv 2; RC 1919, §5262 (2); Supreme Court Rule 13, 1939; SDC 1939 & Supp 1960, §32.1201 (2).
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 18 - Powers And Duties Of Attorneys › Section 16-18-16 - Attorney not to maintain action for improper motives.

16-18-16. Attorney not to maintain action for improper motives.
It is the duty of an attorney and counselor at law not to encourage either the commencement or continuance of an action or proceeding from any motive of passion or interest.
Source:
PolC 1877, ch 18, §4, subdiv 6; CL 1887, §465, subdiv 6; RPolC 1903, §697, subdiv 6; RC 1919, §5262 (6); Supreme Court Rule 13, 1939; SDC 1939 & Supp 1960, §32.1201 (6).
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 18 - Powers And Duties Of Attorneys › Section 16-18-17 - Attorney's duty to represent the oppressed.

16-18-17. Attorney's duty to represent the oppressed.
It is the duty of an attorney and counselor at law never to reject for any consideration personal to himself, the cause of the defenseless or the oppressed.
Source:
PolC 1877, ch 18, §4, subdiv 7; CL 1887, §465, subdiv 7; RPolC 1903, §697, subdiv 7; RC 1919, §5262 (7); Supreme Court Rule 13, 1939; SDC 1939 & Supp 1960, §32.1201 (7).
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 18 - Powers And Duties Of Attorneys › Section 16-18-18 - Attorney's duty to respect client's confidence.

16-18-18. Attorney's duty to respect client's confidence.
It is the duty of an attorney and counselor at law to maintain inviolate the confidence, and at any peril to himself to preserve the secret of his client.
Source:
PolC 1877, ch 18, §4, subdiv 4; CL 1887, §465, subdiv 4; RPolC 1903, §697, subdiv 4; RC 1919, §5262 (4); Supreme Court Rule 13, 1939; SDC 1939 & Supp 1960, §32.1201 (4).
2023 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).
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.