16-18-24. Lien as justification for withholding money from client.
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 ascertained.
Source: PolC 1877, ch 18, §18; CL 1887, §479; RPolC 1903, §706; RC 1919, §5269; SDC 1939, §13.1257.
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