There is a newer version of the North Dakota Century Code
2009 North Dakota Code
27 Judicial Branch of Government
27-13 Conduct of Attorneys
Download pdfdefense except one the attorney believes to be honestly debatable under the law; 3. Perform faithfully the attorney's responsibilities as an officer of the court and
protector of individual rights; 4. Support the provision of legal services for indigent persons, public service, and
public education about the law; 5. Work to make the legal system more accessible, responsive, and just; 6. Employ for purposes of maintaining the causes confided to the attorney, those
means only as are consistent with truth and honor, and never seek to mislead the
judge or jury by any artifice or false statement of fact or law; and 7. Never reject, from any consideration personal to the attorney, the cause of the
defenseless or oppressed, or delay anyone's cause for profit or malice. 27-13-02. Powers of attorneys. An attorney and counselor at law may: 1. Execute, in the name of the attorney's 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. Bind the attorney's client to any agreement in respect to any proceeding within the
scope of the attorney's proper duties and powers, but no evidence of any such
agreement is receivable, except the statement of the attorney, the attorney's written
agreement signed and filed with the clerk, or an entry thereof upon the records of the
court. 3. Receive money claimed by the attorney's client in an action or proceeding during the
pendency thereof or afterwards, unless the attorney has been previously discharged
by the attorney's client, and upon payment thereof, and not otherwise, may
discharge the claim or acknowledge satisfaction of the judgment. 27-13-03. Attorney not to be surety. No practicing attorney and counselor at law may be a surety in any action or proceeding which may be instituted in any of the courts of this state. 27-13-04. Court may require proof of attorney's authority - Proceedings stayed until proof furnished. A court, on motion of either party and on the showing of reasonable
grounds therefor, may require the attorney for the adverse party, or for any one of the several
adverse parties, to produce or prove by the attorney's oath or otherwise the authority under which
the attorney appears and until the attorney does so may stay all proceedings by that attorney on
behalf of the parties for whom that attorney assumes to appear. 27-13-05. Attorney's refusal to deliver client's money or property - Penalty. Repealed by S.L. 2001, ch. 287, § 1. 27-13-06. Attorney's withholding of client's money or property under alleged lien unlawful if bond furnished. Repealed by S.L. 2001, ch. 287, § 1. Page No. 1 27-13-07. Attorney's refusal to deliver client's money or property not unlawful if attorney furnishes a bond. Repealed by S.L. 2001, ch. 287, § 1. 27-13-08. Misconduct of attorney - Penalty - Treble civil damages forfeited. Every attorney who: 1. Is guilty of any deceit or collusion or consents to any deceit or collusion with intent to
deceive the court or any party; 2. Willfully delays the attorney's client's suit with a view to the attorney's own gain; or 3. Willfully receives any money or other property for or on account of any money or
debt which the attorney has not laid out or become answerable for, is guilty of a class A misdemeanor and in addition forfeits to the party injured treble damages to
be recovered in a civil action. 27-13-09. Permitting use of or making use of attorney's name unlawful - Penalty. If any attorney knowingly permits any person, not the attorney's general law partner or a clerk in
the attorney's office, to sue out any process or to prosecute or defend any action in the attorney's
name, except as authorized by section 27-13-10, such attorney and every person who shall so
use the attorney's name is guilty of a class A misdemeanor. 27-13-10. When use of attorney's name permissible. Whenever an action or proceeding is authorized by law to be prosecuted or defended in the name of the state or of any
public officer, board of officers, or municipal corporation, on behalf of another party, the attorney
general or state's attorney or attorney of such public officer, board, or corporation may permit any
proceeding therein to be taken in that attorney's name by an attorney to be chosen by the party in
interest. 27-13-11. Partner of public prosecutor not to aid defense - Penalty. Every attorney who, directly or indirectly, advises in relation to, or aids or promotes the defense of, any action or
proceeding in any court, the prosecution of which is carried on, aided, or promoted by any state's
attorney or other public prosecutor with whom such attorney is connected, directly or indirectly,
as a partner, or who takes or receives, directly or indirectly, from or on behalf of any defendant
therein, any valuable consideration, upon any understanding or agreement whatever, express or
implied, having relation to the defense thereof, is guilty of a class A misdemeanor and in addition
to the punishment prescribed therefor, that attorney forfeits that attorney's license to practice. 27-13-12. Attorney not to aid defense when formerly interested as public prosecutor - Penalty. Every attorney who, having prosecuted or in any manner aided or promoted any action or proceeding in any court, as state's attorney or other public prosecutor,
afterward, directly or indirectly, advises in relation to or takes any part in the defense thereof as
attorney or otherwise, or takes or receives any valuable consideration from or on behalf of any
defendant therein, upon any understanding or agreement whatever, express or implied, having
relation to the defense thereof, is guilty of a class A misdemeanor and in addition to the
punishment prescribed therefor, that attorney forfeits that attorney's license to practice. 27-13-13. Public prosecutors or partners thereof may defend themselves in criminal or civil actions. Sections 27-13-11 and 27-13-12 do not prohibit an attorney from
defending oneself in person, as attorney or as counsel, when prosecuted either civilly or
criminally. 27-13-14. Attorney for attorney fiduciary required - Exception. An attorney who serves as a fiduciary of an estate, trust, or conservatorship must be represented by another
attorney. The attorney who serves as fiduciary or the attorney's law firm may not serve as
attorney for the fiduciary. This section does not apply to United States bankruptcy court proceedings or to matters in which the decedent, trustor, beneficiary, or protected individual is a
spouse, child, grandchild, parent, grandparent, or sibling of the attorney serving as a fiduciary. Page No. 2 Document Outline chapter 27-13 conduct of attorneys
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