Title 16 — COURTS AND JUDICIARY

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…

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…

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 1…

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 si…

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 s…

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 193…

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, …

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, § 46…

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, §…

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); Suprem…

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 …

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 …

A nonresident attorney, although not licensed to practice law in the State of South Dakota, but licensed in another jurisdiction within the United States, may, after first complying with the requirements hereinafter set forth, participate in the trial or hearing of any particular…

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 wo…

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, …

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) H…

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…

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 lawy…

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 inte…

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 o…

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 …

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 writ…

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, must be a lawyer authorized to practice law in this state, and: (1) Must be a member of the South Dakota bar, in good standing, and sha…

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 ack…

Every attorney shall maintain complete records of the handling, maintenance, and disposition of all funds, securities, and other properties of a client at any time in his possession, from the time of receipt to the time of final distribution, and shall preserve such records for a…

The provisions of this rule apply to all members of the State Bar of South Dakota concerning trust funds received or disbursed by them in the course of their professional practice of law within the State of South Dakota. However, these provisions shall not apply to (1) full - tim…

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 hi…

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 …

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 1…

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 asc…

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, § …

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 …

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 actio…

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 1…

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, e…

16-18-31 Withdrawal of attorney of record--When permitted. 16-18-32 Attorney authorized to remove files from offices of clerks of court--Electronic transmission of copies. 16-18-33

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.

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…

16-18-34 Definition of legal assistant. 16-18-34.1 Minimum qualifications. 16-18-34.2 Utilization of legal assistants. 16-18-34.3 Ethical considerations. 16-18-34.4 Certain individuals disqualified. 16-18-34.5 Application by disqualified persons--Requirements--Hearing--Burden of …

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, substa…

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 prog…

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 ou…

The proper use of assistants who are not licensed attorneys significantly increases the ability of attorneys to provide quality professional services to the public at reasonable cost. An attorney cannot, however, delegate his or her ethical proscriptions by claiming that the viol…

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 …

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 wi…

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 t…

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 Rul…

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 co…

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 procee…

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 proce…