Слике страница
PDF
ePub

practicing

license.

281. If any person shall practice law in any Court, Penalty for except a Justice's or Police Court, without having without received a license as attorney and counselor, he is guilty of a contempt of Court.

282. It is the duty of an attorney and counselor:

1. To support the Constitution and laws of the General United States and of this State;

2. To maintain the respect due to the Courts of justice and judicial officers;

3. To counsel or maintain such actions, proceedings, or defenses only as appear to him legal or just, except the defense of a person charged with a public offense; 4. 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 an artifice or false statement of fact or law; 5. To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his client; 6. To abstain from all offensive personality, 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;

7. Not to encourage either the commencement or the continuance of an action or proceeding from any motive of passion or interest;

8. Never to reject, for any consideration personal to himself, the cause of the defenseless or the oppressed.

283. An attorney and counselor has authority:

duties.

of attorney.

1. To bind his client in any of the steps of an action Authority or proceeding, by his agreement filed with the Clerk, or entered upon the minutes of the Court, and not otherwise;

2. To receive money claimed by his client in an action or proceeding, during the pendency thereof, or

Change of attorney.

Notice of change.

Death or removal of attorney.

Removal and

suspension

after judgment, unless a revocation of his authority is filed, and upon the payment thereof, and not otherwise, to discharge the claim or acknowledge satisfaction of the judgment.

284. The attorney in an action or special proceeding may be changed at any time before judgment or final determination, as follows:

1. Upon his own consent, filed with the Clerk or entered upon the minutes;

2. Upon the order of the Court or Judge thereof, upon the application of the client.

285. When an attorney is changed, as provided in the last section, written notice of the change and of the substitution of a new attorney, or of the appearance of the party in person, must be given to the adverse party; until then, he must recognize the former attorney.

286. When an attorney dies, or is removed or suspended, or ceases to act as such, a party to an action for whom he was acting as attorney must, before any further proceedings are had against him, be required by the adverse party, by written notice, to appoint another attorney or to appear in person.

287. An attorney and counselor may be removed or suspended by the Supreme Court, and by the District Courts of the State, for either of the following causes, arising after his admission to practice:

1. His conviction of a felony, or misdemeanor involving moral turpitude, in which case the record of conviction is conclusive evidence;

2. Willful disobedience or violation of an order of the Court requiring him to do or forbear an act connected with or in the course of his profession, and any violation of the oath taken by him or of his duties as such attorney and counselor;

3. Corruptly and without authority appearing as Same. attorney for a party to an action or proceeding.

In all cases where an attorney is removed or suspended by a District Court he may appeal to the Supreme Court, and the judgment or order of the District Court is subject, on such appeal, to review, as in civil actions.

of felony.

288. In case of the conviction of an attorney or Conviction counselor of a felony, or misdemeanor involving moral turpitude, the Clerk of the Court in which a conviction Moral is had must, within thirty days thereafter, transmit to the Supreme Court a certified copy of the record of conviction.

turpitude.

ings for

removal or

suspension

289. The proceedings to remove or suspend an Proceedattorney and counselor, under the first subdivision of Section 287, must be taken by the Court on the receipt of a certified copy of the record of conviction. The proceedings under the second subdivision of Section 287 may be taken by the Court for matters within its knowledge, or may be taken upon the information of

another.

290. If the proceedings are upon the information Accusation of another, the accusation must be in writing.

tion.

291. The accusation must state the matters charged, Verificaand be verified by the oath of some person, to the effect that the charges therein contained are true.

answer.

292. After receiving the accusation the Court must, Citation to if in its opinion the case require it, make an order requiring the accused to appear and answer the accusation at a specified time in the same or subsequent term, and must cause a copy of the order and of the accusation to be served upon the accused within a prescribed time before the day appointed in the order.

Appear

ance.

How to

answer.

Demurrer.

Answer.

Trial.

Reference.

Judgment.

293. The accused must appear at the time appointed in the order, and answer the accusation, unless for sufficient cause the Court assign another day for that purpose; if he do not appear, the Court may proceed and determine the accusation in his absence.

294. The accused may answer to the accusation either by objecting to its sufficiency or denying it.

295. If he object to the sufficiency of the accusation, the objection must be in writing, but need not be in any specific form, it being sufficient if it presents intelligibly the grounds of the objection. If he deny the accusation, the denial may be oral and without oath, and must be entered upon the minutes.

296. If an objection to the sufficiency of the accusation is not sustained, the accused must answer forthwith.

297. If the accused plead guilty, or refuse to answer the accusation, the Court must proceed to judgment of removal or suspension. If he deny the matters charged, the Court must, at such time as it may appoint, proceed to try the accusation.

298. The Court may, in its discretion, order a reference to a committee to take depositions in the

matter.

299. Upon conviction, in cases arising under the first subdivision of Section 287, the judgment of the Court must be that the name of the party be stricken from the roll of attorneys and counselors of the Court, and he be precluded from practicing as such attorney or counselor in all the Courts of this State; and, upon conviction in cases under the second subdivision of Section 287, the judgment of the Court may be according to the gravity of the offense charged-deprivation

of the right to practice as attorney or counselor in the Courts of this State permanently or for a limited period.

CHAPTER II.

OF OTHER PERSONS INVESTED WITH SUCH POWERS.

SECTION 304. Receivers and guardians.

and

304. The appointment, powers, and duties of re- Receivers ceivers and guardians are provided for and prescribed guardians. in Parts II and III of this Code.

« ПретходнаНастави »