Page:1887 Compiled Laws of Dakota Territory.pdf/153

§§ 463–467 tion of a certificate of admission, to practice in the supreme court of some other territory or state.

Attorney to take oath. s. 2, c. 18, Pol. C.

§ 463. Upon being admitted to practice as attorneys and counselors at law they shall, in open court, take the following oath:

"You do solemnly swear that you will support, protect and defend the constitution of the United States and the organic act of the territory of Dakota; that you shall do no falsehood or consent that any be done in court, and if you know of any, you will give knowledge thereof to willingly or knowingly promote, sue, or procure to be sued, any false or unlawful suit, or or consent to the same; you shall delay no man for lucre or malice, but shall act in the office of attorney in this court according to your best learning and discretion, with all good fidelity, as well to the court as to your client. So help you God."

Attorneys from other states. s. 3, c. 18, Pol. C.

§ 464. Any practising attorney of another state, having professional business in the courts of this territory, may be admitted to practice therein upon taking the oath aforesaid.

Duties of an attorney. s. 4, c. 18, Pol. C.

§ 465. It is the duty of an attorney and counselor:

1. To maintain the respect due to the courts of justice and judicial officers.

2. 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.

3. 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.

4. To maintain inviolate the confidence, and, at any peril to himself, to preserve the secret of his client.

5. 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.

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

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

Punishment for deceit. s. 5, c. 18, Pol. C.

§ 466. An attorney and counselor who is guilty of deceit or collusion, or consents thereto, with intent to deceive a court or judge or party to an action or proceeding, is liable to be disbarred and shall forfeit to the injured party treble damages, to be recovered in a civil action.

Power of attorney. s. 6, c. 18, Pol. C.

§ 467. An attorney and counselor has power:

1. 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.

2. 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.

3. 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.