Page:United States Statutes at Large Volume 47 Part 1.djvu/938

 914 72d CONGRESS. SESS. II. CH. 127 . FEBRUARY 27, 1933 . Authority. SEC. 42. AmrHORITY.An attorney shall have authority 1 . To bind his client in any of the steps of an action or proceeding by his agreement filed with the clerk, or entered upon the minutes of the court, a nd not o therwise ; 2. To receive money claimed by his client in an action or pr o- ceeding during the pendency thereof, or 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. Changeofat torney. SEC. 43. CHANGE OF ATTORNEY .-The a ttorney in an acti on or special proceeding may be changed at any time before or after judgment or final determination, as follows : 1. Upon consent of both client and attorney, filed with the clerk, or en tered upon the m inutes ; 2. Upon the order of the court, up on the application of either client or attorney, after notice from one to the other. Notice of change. SEC. 44. NOTICE OF CH ANGE .-When an attor ney is ch anged, as provided in section 43, 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. Unti l then he must recognize the former attorney. Death or removal of SEC. 45. DEATH OR REMOVAL OF ATTORNEY.--When an attorney dies, attorney . 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. Causes for rem oval, SEC. 46 . CAUSES FOR WH ICH COURT MAY REMOVE ATTORNEY:An by court. attorney may be removed or suspended by the district court, for any of the f ollowing causes, arising after hi s admiss ion to p ractice 1. His con vict ion ofa fel ony or misdemeanor involving moral turpitude, in which case the record of conviction shall be conclusive evide nce ; 2 . Willful disobedience or violation of an order of the district court requiring him to do or forbear an act connected with, or in the course of his profession, which he ought in good faith to do or forbear, and any violation of the oath taken by him, or of his duties as such attorney and counselor ; 3. Corruptly or willfully and with out auth orit y a ppea ring as attorney for a party to an action or proceeding ; 4. Lending his name to be used as attorney and counselor by another person who is not an attorney and counselor ; 5. For the commission of any act involving moral turpitude, dishonesty, or corruption, whether the same be committed in the cou rse of his relations as an a ttor ney or c ouns elor at law, or otherwise, and whether the same shall constitute a felony or misd emea nor or not ; and in the event that such act shall constitute a felony or misdemeanor, conviction thereof in a criminal proceeding shall not be a condition precedent to disbarment or suspension from practice therefo r. Proceedings fo r M. SEC. 47. PROCEEDINGS FOR REMOVAL OR SUSPENSION. - T h e proceed- movalorsuspensios ings to remove or suspend an attorney and counselor, under the first subdivi sion of section 46, must be take n by the district court o n the receipt of a certified copy of the record of conviction. The pro- ceedings under any of the other subdivisions of that section may be taken by the court for the matters within its knowledge, or may be taken upon the i nform ation of an other. Accusation. SEC. 48. AccusATIoN .-If the proceedings are upon the information of another, the accusation must be in writing.