Your Lawyer
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how do I select a lawyer?
If you do not
know of a lawyer whom you would like to
consult, you may call the South Dakota Lawyer Referral Service. The
service can be reached by dialing, toll free, 1-800-952-2333, Monday
through Friday from 9:00 a.m. to 5:00 p.m. This service is a public
service of The State Bar of South Dakota.
what are the
duties of a
lawyer?
A lawyer's first duty is to see that the client receives the
benefit of
all the rights the law affords. The lawyer must not do anything which
might jeopardize the client's interest.
A lawyer has a duty to conduct cases so that they will be
decided on
their merits.
By the oath of admission to practice, a lawyer is sworn to
uphold the
Constitution and laws and render the highest fidelity toward the rights
of the client.
Just as your communications with your minister and doctor are
confidential, so are your communications with your lawyer. Your lawyer
is prevented by law from disclosing any information communicated to him
or her by you.
Most importantly, the lawyer's principal duty is to see that
the client
is given the benefit of all his or her legal rights. Your lawyer has a
duty to conduct cases in an orderly manner. Your lawyer may not make
any agreements nor incur any obligations which might jeopardize your
interests.
what is meant by
legal
ethics?
Members of the legal profession insist on a high standard of
professional conduct. A committee of The State Bar of South Dakota
works to maintain these standards. The State Supreme Court may take
away a lawyer's license to practice or suspend or censure a lawyer for
unethical conduct.
what kind of services can
a lawyer provide?
A lawyer can give you advice on your legal problem. A
lawyer can prepare written documents, such as contracts and deeds,
settle a difference of opinion for you outside of court, guide you
through a required hearing and represent you at trial.
what is my duty to my
lawyer?
You should give your lawyer all the facts of your case. Your lawyer
must have all the facts because the application of the law varies with
each fact and circumstance. You should follow your lawyer's advice.
when should I consult a
lawyer?
It is best to consult a lawyer
before taking any action which might affect your legal rights or
responsibilities. A person too often thinks of a lawyer as a "last
resort", to be consulted only when a dispute seems likely to result in
a lawsuit. Many disputes could be avoided by agreements and contracts
correctly and properly drawn in the first instance. Lawyers have
experienced the futility of trying to protect a client who has
carelessly signed away his rights before ever seeking legal advice.
Here is a list of a few
of the common problems about which your lawyer can be of assistance:
Buying and selling real estate,
- Signing contracts with major
financial provisions,
- Tax and estate problems,
- The drafting of a will,
- Accidents involving damage to persons or property,
- Opinions on titles to real estate,
- Legal problems in setting up business organizations and
- Domestic difficulties.
what if I have a complaint
against my lawyer?
A complaint against a lawyer may be filed by sending a signed
letter to: Disciplinary Board, The State Bar of South Dakota, 222 East
Capitol, Pierre, South Dakota 57501. An investigation may also begin by
filing with the Clerk of the Supreme Court a written, sworn complaint,
fully describing all the facts and all sources of information. Further
information about the procedures for filing a complaint are set forth
in the pamphlet entitled "Complaint Procedures And Discipline Of
Lawyers". This pamphlet may be obtained from The State Bar of South
Dakota, 222 East Capitol, Pierre, South Dakota 57501.
This brochure is based on
South Dakota law and is designed to inform,
not to advise. No person should ever interpret any law without the aid
of an attorney who knows the facts and may be aware of any changes in
the law.
Published by The State Bar of South Dakota
222 East Capitol
Pierre, SD 57501
(Revised 8/93)
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