South Dakota Codified Laws
Chapter 18 - Powers And Duties Of Attorneys
Section 16-18-34.4 - Certain individuals disqualified.

16-18-34.4. Certain individuals disqualified.
The following persons shall not serve as a legal assistant in the State of South Dakota except upon application to and approval of the Supreme Court:
(1)Any person convicted of a felony;
(2)Any person disbarred or suspended from the practice of law in any jurisdiction;
(3)Any person placed on medical inactive status under §16-19-48 or 16-19-92;
(4)Any person placed on temporary suspension from the practice of law under §16-19-35.1.

Source: Supreme Court Rule 97-25; SL 2018, ch 302 (Supreme Court Rule 18-11), eff. July 1, 2018.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 16 - Courts and Judiciary

Chapter 18 - Powers And Duties Of Attorneys

Section 16-18-1 - License and bar membership required to practice law--Injunction to restrain violations.

Section 16-18-1.1 - Sexual harassment prevention training for attorneys.

Section 16-18-2 - Attorney licensing--Non-resident attorneys--"Pro hac vice" admission on motion--Requirements.

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 16-18-2.3 - Certification of legal intern or extern by law school dean--Filing--Effective period--Withdrawal by dean or termination by Supreme Court.

Section 16-18-2.4 - Consent and approval for appearance by legal intern or extern--Authority for appearance in civil and criminal matters.

Section 16-18-2.5 - Appearance by legal intern or extern for state, county, or first or second class municipality.

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 16-18-2.8 - Notation of oral consent and approval of appearance by legal intern or extern--Filing of written consent.

Section 16-18-2.9 - Qualifications of supervising lawyer--Professional responsibility.

Section 16-18-2.10 - Other rights not affected by provisions for legal assistance by legal interns or externs.

Section 16-18-5.1 - Temporary waiver of admission requirements for nonresident defense counsel where county is experiencing significant increase in criminal cases.

Section 16-18-6 - Contracts and powers of disbarred attorney void.

Section 16-18-7 - Solicitation, acceptance of employment, or practice by disbarred or suspended attorney as misdemeanor.

Section 16-18-8 - Assistance to or acceptance of employment from disbarred or suspended attorney as misdemeanor.

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 16-18-15 - Attorney not to maintain unjustified actions or defenses--Criminal defense excepted.

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 - Attorney's power to receive money for client--Unauthorized discharge of claim prohibited.

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 16-18-29 - Acceptance of consideration from defendant by attorney for public agency as misdemeanor.

Section 16-18-31 - Withdrawal of attorney of record--When permitted.

Section 16-18-32 - Attorney authorized to remove files from offices of clerks of court--Electronic transmission of copies.

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