ATTORNEY AT LAW.

111. Who May Be Admitted to Practice.-Any citizen of the United States, possessing the qualifications (except that of residence) necessary to constitute a legal voter, shall be admitted to practice as an attorney at law in any court of this State upon obtaining a license. from the Supreme Court of this State (Act 115, 1855, 121).

112. Qualifications of Applicant.-The Supreme Court shall grant licenses to applicants possessing the qualifications required by the preceding section.

First. To all graduates of the Law Department of the University of Louisiana who shall produce evidence of good character.

Second. When they shall produce a license to practice law from any other State of this Union, or a diploma from any law school or college of the other States, with evidence of good character, and shall have been examined in open court touching their fitness to practice in the courts of this State and found qualified.

Third.—When the applicants shall have been found qualified to practice law in the courts of this State, by an examination before the Supreme Court, according to such rules and regulations as they may adopt from time to time.

Graduates of the Law Department of the University of Louisiana must obtain license from Supreme Court, and clerk is authorized to charge therefor (Sec. 756). Diploma is not the equivalent of license. In matter of Villere, 33 An. 998.

Act 136, E. S. 1877, p. 207.

To promote legal education by requiring better qualifications of candidates for admission to the bar.

SECTION 1. That it shall be the duty of the Supreme Court of this State to require all candidates presenting themselves before the Court to be examined for admission to the bar evidence of having pursued the study of law for a period of at least two years, under the direction of a respectable counsellor and attorney at law of this State.

SEC. 2. That this act shall not be construed to apply to the graduates of the Law Department of the University of Louisiana, or any law school of this State competent to issue a diploma.

113. Attorneys from Other States, How Licensed.-Any person having been licensed to practice law in the superior courts of any of the States of the Union, on the presentation of said license to any one of the judges of the Supreme Court, or any two of the judges of the District Courts, with evidence of good moral character, who after being duly examined by said judge or judges on the laws of Louisiana and found qualified to practice law, shall be by said judge

or judges licensed to practice law in any and all courts of the State on taking the oath prescribed by law.

This section is not repealed by Act 136, 1877, and applicants, with license to practice from the highest court of a State, other than Louisiana, may be admitted to practice in this State, on passing an examination before either two judges of the District Court, or one, or all the justices of the Supreme Court. Ex parte Schaeffer, 32 An. 1102.

114. Attorneys from other States, how admitted. Repealed by Act 54, 1877, p. 71.

115. Oath of Attorneys.-Each and every counselor and attorney at law shall, before he be allowed to practice in any of the courts of this State, take oath to support the Constitution of the United States and of this State, as also the following additional oath, to-wit: "I (A B) do solemnly swear (or affirm) that I will demean myself honestly in my practice as counselor or attorney at law, and that I will discharge my duty in every respect to the best of my knowledge and ability," and no other oath or affirmation shall be required from any applicant for admission to the bar of this State (Act 7, 1857, 7).

116. Officers Who Shall Not Practice.-No judge shall appear or plead in any court for any other person; and no sheriff, deputy sheriff, or clerk of any court shall appear or plead for any person in the court for which he is an officer, except as attorney in fact (as must be made to appear by authentic documents), for any persons not residing within this State, or being absent from the same, under the penalty of being fined by the court in the sum of five hundred dollars for every such offense (Act 115, 1855, 121).

117. Same Subject Continued.-No Judge, Justice of the Peace, Clerk or Deputy Clerk, Sheriff or Deputy Sheriff, Constable or Deputy Constable of any Court in this State, shall appear or plead for any other person in any court in this State in any cause whatever; no police commissioner, police officer, nor recorder, whether in any incorporated town, city or parish in this State, shall appear or plead as attorney for any other person in any recorder's or criminal court in any cause whatever before said recorder or criminal courts, and no assistant recorder or recorder pro tempore shall appear or plead as attorney for any other person in or before the recorder's court wherein. they officiate as recorder pro tempore, or assistant recorder either directly or indirectly, in their own name or that of persons interposed; and any person violating the provisions of this act shall be guilty of a misdemeanor and on conviction thereof shall be imprisoned not less than six months, fined not less than one hundred nor more than five hundred dollars, be removed from office; if an

attorney at law have his license cancelled and forever afterward incapable of appearing and practicing as an attorney at law in any court in this State.

Provided, that this act shall not apply to Justice of the Peace who may be attorney at law in the country parishes (as amended by Act 84, 1896, p. 117).

118. Promoting Suits and Quarrels.-Whenever it shall be made to appear in any court, having jurisdiction thereof, that an attorney at law has been guilty of fomenting suits or quarrels, the court shall, on motion, in a summary way, on giving the accused due notice, direct that the name of said attorney be erased from the names of the officers of court (Act 115, 1855, 122).

119. Refusal to Pay Client Money Collected. If an attorney at law shall recover any sum of money for his client, and shall neglect or refuse to pay it over when demanded, without any legal ground for such neglect or refusal, he shall, on conviction, be immediately erased from the list of attorneys, his license canceled, and be forever incapable of appearing as such before any court of this State, and he shall not be entitled to the benefit of the insolvent laws for any sum so collected.

Act 96, E. S. 1877, Sec. 71, p. 150: District Attorneys collecting money for State and not delivering it shall, on conviction, be disbarred.

Any two members of the bar may rule dishonest attorney into court to show cause why he should not be proceeded against criminally. State vs. Judge, 3 R. 416.

120. Fraudulent Practices.-If any attorney at law shall commit any fraudulent practice in any court of this State, or shall betray the interests confided to him by his client, he shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be stricken from the list of attorneys and be forever incapable of appearing as such before any court of this State.

Act 129, 1896, p. 185.

AN ACT to provide a method of procedure and to specify causes for the reprimanding, suspending from practice or disbarment of attorneys at law of this Sfate.

SECTION 1. That if any attorney at law of this State shall be convicted of any felony or shall be guilty of a gross professional misconduct, he may be summoned before the District Court for the Parish in which he resides, by a petition signed by not less than Ten Attorneys at Law residents of the same district in which he resides setting forth with particularity the felony for which he has been convicted or the professional misconduct complained of; said attorney shall be cited to answer thereto as in ordinary cases, and if upon trial the allegations of such petition shall be proven, the said Court shall proceed to render judgment reprimanding, suspending from practice or disbarring such attorney at law, according to the gravity of the charges proven against him; provided, that such attorney at law shall have the right to appeal suspensively to the Supreme Court from such judgment, without furnishing any bond of appeal therefor.

SEC. 2. That if it be shown that such charges have been made against an attorney at law maliciously, falsely and without probable cause, such petitioners shall be liable in solido for all damages caused to said Attorney at Law by reason of said charges.

The remedy afforded by Sec. 120 is not affected by that proposed in this act. The Civil District Court of New Orleans has jurisdiction under the act, to disbar an attorney, nor is the power to disbar dependent on or limited by any amount involved, it is a power inherent in the court to guard against improper professional conduct, and is recognized by the act as incidental to the court itself. State ex rel. Adams vs. Rightor, Judge, 49 An. 1015.

121. Neglect of Duty, Damages.-If a nonsuit shall be entered, owing to the absence or neglect of the attorney, without a reasonable excuse, the costs shall be paid by the attorney, and he shall moreover be liable to pay all the damages which his client may suffer by being nonsuited, or by any other neglect of the attorney, recoverable in a summary way, on motion, giving the accused notice. R. C. C. 2316.

122. Suitors May Appear in Person, etc.-The parties to any suit pending before any court of this State shall have the right to appear and plead in person or by their attorney at law, or in fact.

123. Liability for Slanderous Words.-No client or other person shall be held liable or responsible for any slanderous or libelous words uttered by his attorney at law; but attorneys shall be themselves liable and responsible for any slanderous or libelous words uttered by them.

No client can be held in damages for slanderous words uttered by his attorney at law, especially where it is shown that the client did not know, much less direct the charges. Bayley & Pond vs. Fourchy et al., 32 An. 141.

124. Contempt of Court,-If any counselor or attorney at law shall be guilty of any contempt toward any court of this State, he may be punished therefor by fine not exceeding one hundred dollars, or by imprisonment not exceeding twenty-four hours, or both, at the discretion of the court; and if the offender be guilty more than once of the like offense toward the same court, he may be punished therefor by fine not exceeding two hundred dollars, nor less than one hundred dollars, or by imprisonment not exceeding ten days, or both, at the discretion of the court (Act 344, 1855, 497).

C. P. 131, as amended by Act 190 of 1894, p. 242.

125. What Construed as Contempt.-Nothing shall be construed or taken to be a contempt of court by an attorney, but what shall be said, done or committed directly in the presence or hearing. of the court, during the sitting of the same: and which shall abuse, vituperate or insult any judge of the court, or any other person in or

belonging to the court, or resist the authority or interrupt the proceedings thereof.

Nor shall any attorney be otherwise punished for any contempt of court, or for any other cause than is specified in this and the preceding section. Nothing in this section shall be so construed as to alter the law for the punishment of persons not obeying any summons, writ or order issuing from any court of record in this State.

126. Absence as member of General Assembly is cause of continuance, when absentee is leading counsel and Assembly is in session. Does not apply to Supreme Court. See C. P., Art. 466.

127. Right of University of Louisiana to grant diplomas to practice law or medicine. See Secs. 1358 to 1360.

State ex rel. Duffell vs. Marks, 30 An. 97.

128. Privilege for fees on judgments obtained. See Sec. 2897. 129. Compensation where appointed to represent absentees in attachment cases. See Sec. 108.

216.

130. May make oath in absence of principal. See C. P., Art.

Act 28, 1894. The solicitation of legal business for an attorney at law, by certain officers, declared a felony. Printed under Sec. 869.

Act 74, 1886. District Judges may under certain circumstances appoint attorney at law to represent State in civil and criminal matters. Printed under title "District Attorneys."

The presumption is that an attorney at law is authorized to represent client. Postal Telegraph Company vs. Railroad Company, 43 An. 525; but client may disprove authority, and affidavit to denial is not a condition precedent. Vicksburg Bank vs. McDowel, 46 An. 393. He is an officer of court, whose principal duty it is to be true to the court and his client, and his affirmation that he is the retained counsel has the sanctity of an oath. Heirs of Brigot vs. Brigot, 47 An. 1309. He may execute valid injunction bond only when client is absent, or where specially authorized. Gauthier vs. Gardemal, 44 An. 884; but special procuration not necessary to make affidavit and sign bond for attachment, where he is authorized to sue. Hardie vs. Colvin, 43 An. 851. Where plaintiffs have not given express authority to compromise, they will be held to have acquiesced. where notice of compromise was sent them and they retained the money paid under it. Culverhouse vs. Marx, 39 An. 809. Where a deposit has been made with him for costs, he is liable in damages to his client, if he allows the claim to prescribe. King vs, Fourchy, 47 An. 354. He is a mandatary. Gurley vs. City of New Orleans, 41, An. 75; as such he has the right to retain out of the property of the principal in his hands the costs, commissions or fees due under the mandate. Butchers, etc., Company vs. Crescent City, etc., Company, 41 An. 355; 40 An. 135; 39 An. 876; He may recover amounts expended for his client, though his claim for compensation under contract be rejected. Hodges et als. vs. Ory, 48 An. 56. Attorneys must pay license tax. State ex rel. Paquet vs. Judge, 49 An. 764.