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.
Structure 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.
Section 16-18-2.1 - Legal assistance by law students--Purpose of provisions.
Section 16-18-2.2 - Requirements for participation by law student.
Section 16-18-2.6 - Preparation of pleadings, briefs, and other documents by legal intern or extern.
Section 16-18-2.7 - Oral argument by legal intern or extern before Supreme Court.
Section 16-18-2.9 - Qualifications of supervising lawyer--Professional responsibility.
Section 16-18-6 - Contracts and powers of disbarred attorney void.
Section 16-18-9 - Attorney's power to execute bonds and instruments for client.
Section 16-18-10 - Attorney not to be surety--Violation as misdemeanor.
Section 16-18-11 - Attorney's power to bind client by agreements--Evidence of agreement.
Section 16-18-12 - Proof of authority required of attorney.
Section 16-18-13 - Attorney's duty to respect courts.
Section 16-18-14 - Attorney's duty to respect reputation of parties and witnesses.
Section 16-18-16 - Attorney not to maintain action for improper motives.
Section 16-18-17 - Attorney's duty to represent the oppressed.
Section 16-18-18 - Attorney's duty to respect client's confidence.
Section 16-18-19 - Attorney's duty to use truthful means.
Section 16-18-20.2 - Attorney licensing--Trust accounting records and procedures.
Section 16-18-21 - Attorney's lien on proceeds of action.
Section 16-18-22 - Bond to release attorney's lien--Bill of particulars required of attorney.
Section 16-18-23 - Refusal by attorney to pay money to client as misdemeanor.
Section 16-18-24 - Lien as justification for withholding money from client.
Section 16-18-25 - Security given by attorney for payment to client.
Section 16-18-26 - Misconduct by attorney as misdemeanor.
Section 16-18-27 - Attorneys for public agencies may permit use of name or office.
Section 16-18-28 - Liability of attorney for treble damages for misconduct.
Section 16-18-31 - Withdrawal of attorney of record--When permitted.
Section 16-18-34 - Definition of legal assistant.
Section 16-18-34.1 - Minimum qualifications.
Section 16-18-34.2 - Utilization of legal assistants.
Section 16-18-34.3 - Ethical considerations.
Section 16-18-34.4 - Certain individuals disqualified.
Section 16-18-34.5 - Application by disqualified persons--Requirements--Hearing--Burden of proof.
Section 16-18-34.6 - Revocation of order for disqualified persons--Hearing--Burden of proof.
Section 16-18-34.7 - Recommendations in attorney disciplinary proceedings.
Section 16-18-A - SOUTH DAKOTA RULES OF PROFESSIONAL CONDUCT