2003 Minnesota Statutes

CHAPTER 481. Attorneys-at-law

     481.01 Board of Law Examiners; examinations; alternative 
  dispute fees. 

    The Supreme Court shall, by rule from time to time, 
 prescribe the qualifications of all applicants for admission to 
 practice law in this state, and shall appoint a Board of Law 
 Examiners, which shall be charged with the administration of the 
 rules and with the examination of all applicants for admission 
 to practice law.  The board shall consist of not less than 
 three, nor more than seven, attorneys at law, who shall be 
 appointed each for the term of three years and until a successor 
 qualifies.  The Supreme Court may fill any vacancy in the board 
 for the unexpired term and in its discretion may remove any 
 member of it.  The board shall have a seal and shall keep a 
 record of its proceedings, of all applications for admission to 
 practice, and of persons admitted to practice upon its 
 recommendation.  At least two times a year the board shall hold 
 examinations and report the result of them, with its 
 recommendations, to the Supreme Court.  Upon consideration of 
 the report, the Supreme Court shall enter an order in the case 
 of each person examined, directing the board to reject or to 
 issue to the person a certificate of admission to practice.  The 
 board shall have such officers as may, from time to time, be 
 prescribed and designated by the Supreme Court.  The fee for 
 examination shall be fixed, from time to time, by the Supreme 
 Court.  This fee, and any other fees which may be received 
 pursuant to any rules the Supreme Court adopts governing the 
 practice of law and court-related alternative dispute resolution 
 practices shall be paid to the commissioner of finance and shall 
 constitute a special fund in the state treasury which shall be 
 exempt from section 16A.127.  The money in this fund is 
 appropriated annually to the Supreme Court for the payment of 
 compensation and expenses of the members of the Board of Law 
 Examiners and for otherwise regulating the practice of law.  The 
 money in the fund shall never cancel.  Payments from it shall be 
 made by the commissioner of finance upon vouchers signed by one 
 of the justices of the Supreme Court.  The members of the board 
 shall have compensation and allowances for expenses as may, from 
 time to time, be fixed by the Supreme Court. 

    HIST: (5685) RL s 2278; 1921 c 161 s 1; 1953 c 167 s 1; 1959 c 
 384 s 1; 1963 c 718 s 1; 1973 c 492 s 14; 1976 c 149 s 57; 1985 
 c 248 s 70; 1986 c 444; 1995 c 226 art 6 s 9; 1996 c 408 art 11 
 s 5; 2003 c 112 art 2 s 46 

     481.02 Unauthorized practice of law. 

    Subdivision 1.    Prohibitions.  It shall be unlawful 
 for any person or association of persons, except members of the 
 bar of Minnesota admitted and licensed to practice as attorneys 
 at law, to appear as attorney or counselor at law in any action 
 or proceeding in any court in this state to maintain, conduct, 
 or defend the same, except personally as a party thereto in 
 other than a representative capacity, or, by word, sign, letter, 
 or advertisement, to hold out as competent or qualified to give 
 legal advice or counsel, or to prepare legal documents, or as 
 being engaged in advising or counseling in law or acting as 
 attorney or counselor at law, or in furnishing to others the 
 services of a lawyer or lawyers, or, for a fee or any 
 consideration, to give legal advice or counsel, perform for or 
 furnish to another legal services, or, for or without a fee or 
 any consideration, to prepare, directly or through another, for 
 another person, firm, or corporation, any will or testamentary 
 disposition or instrument of trust serving purposes similar to 
 those of a will, or, for a fee or any consideration, to prepare 
 for another person, firm, or corporation, any other legal 
 document, except as provided in subdivision 3.  

    Subd. 2.    Corporations.  No corporation, organized for 
 pecuniary profit, except an attorney's professional firm 
 organized under chapter 319B, by or through its officers or 
 employees or any one else, shall maintain, conduct, or defend, 
 except in its own behalf when a party litigant, any action or 
 proceeding in any court in this state, or shall, by or through 
 its officers or employees or any one else, give or assume to 
 give legal advice or counsel or perform for or furnish to 
 another person or corporation legal services; or shall, by word, 
 sign, letter, or advertisement, solicit the public or any person 
 to permit it to prepare, or cause to be prepared, any will or 
 testamentary disposition or instrument of trust serving purposes 
 similar to those of a will, or hold itself out as desiring or 
 willing to prepare any such document, or to give legal advice or 
 legal services relating thereto or to give general legal advice 
 or counsel, or to act as attorney at law or as supplying, or 
 being in a position to supply, the services of a lawyer or 
 lawyers; or shall to any extent engage in, or hold itself out as 
 being engaged in, the business of supplying services of a lawyer 
 or lawyers; or shall cause to be prepared any person's will or 
 testamentary disposition or instrument of trust serving purposes 
 similar to those of a will, or any other legal document, for 
 another person, firm, or corporation, and receive, directly or 
 indirectly, all or a part of the charges for such preparation or 
 any benefits therefrom; or shall itself prepare, directly or 
 through another, any such document for another person, firm, or 
 corporation, except as provided in subdivision 3.  

    Subd. 3.    Permitted actions.  The provisions of this 
 section shall not prohibit:  

    (1) any person from drawing, without charge, any document 
 to which the person, an employer of the person, a firm of which 
 the person is a member, or a corporation whose officer or 
 employee the person is, is a party, except another's will or 
 testamentary disposition or instrument of trust serving purposes 
 similar to those of a will; 

    (2) a person from drawing a will for another in an 
 emergency if the imminence of death leaves insufficient time to 
 have it drawn and its execution supervised by a licensed 
 attorney-at-law; 

    (3) any insurance company from causing to be defended, or 
 from offering to cause to be defended through lawyers of its 
 selection, the insureds in policies issued or to be issued by 
 it, in accordance with the terms of the policies; 

    (4) a licensed attorney-at-law from acting for several 
 common-carrier corporations or any of its subsidiaries pursuant 
 to arrangement between the corporations; 

    (5) any bona fide labor organization from giving legal 
 advice to its members in matters arising out of their 
 employment; 

    (6) any person from conferring or cooperating with a 
 licensed attorney-at-law of another in preparing any legal 
 document, if the attorney is not, directly or indirectly, in the 
 employ of the person or of any person, firm, or corporation 
 represented by the person; 

    (7) any licensed attorney-at-law of Minnesota, who is an 
 officer or employee of a corporation, from drawing, for or 
 without compensation, any document to which the corporation is a 
 party or in which it is interested personally or in a 
 representative capacity, except wills or testamentary 
 dispositions or instruments of trust serving purposes similar to 
 those of a will, but any charge made for the legal work 
 connected with preparing and drawing the document shall not 
 exceed the amount paid to and received and retained by the 
 attorney, and the attorney shall not, directly or indirectly, 
 rebate the fee to or divide the fee with the corporation; 

    (8) any person or corporation from drawing, for or without 
 a fee, farm or house leases, notes, mortgages, chattel 
 mortgages, bills of sale, deeds, assignments, satisfactions, or 
 any other conveyances except testamentary dispositions and 
 instruments of trust; 

    (9) a licensed attorney-at-law of Minnesota from rendering 
 to a corporation legal services to itself at the expense of one 
 or more of its bona fide principal stockholders by whom the 
 attorney is employed and by whom no compensation is, directly or 
 indirectly, received for the services; 

    (10) any person or corporation engaged in the business of 
 making collections from engaging or turning over to an 
 attorney-at-law for the purpose of instituting and conducting 
 suit or making proof of claim of a creditor in any case in which 
 the attorney-at-law receives the entire compensation for the 
 work; 

    (11) any regularly established farm journal or newspaper, 
 devoted to general news, from publishing a department of legal 
 questions and answers to them, made by a licensed 
 attorney-at-law, if no answer is accompanied or at any time 
 preceded or followed by any charge for it, any disclosure of any 
 name of the maker of any answer, any recommendation of or 
 reference to any one to furnish legal advice or services, or by 
 any legal advice or service for the periodical or any one 
 connected with it or suggested by it, directly or indirectly; 

    (12) any authorized management agent of an owner of rental 
 property used for residential purposes, whether the management 
 agent is a natural person, corporation, partnership, limited 
 partnership, or any other business entity, from commencing, 
 maintaining, conducting, or defending in its own behalf any 
 action in any court in this state to recover or retain 
 possession of the property, except that the provision of this 
 clause does not authorize a person who is not a licensed 
 attorney-at-law to conduct a jury trial or to appear before a 
 district court or the Court of Appeals or Supreme Court pursuant 
 to an appeal; 

    (13) any person from commencing, maintaining, conducting, 
 or defending on behalf of the plaintiff or defendant any action 
 in any court of this state pursuant to the provisions of section 
 504B.375 or sections 504B.185 and 504B.381 to 504B.471 or from 
 commencing, maintaining, conducting, or defending on behalf of 
 the plaintiff or defendant any action in any court of this state 
 for the recovery of rental property used for residential 
 purposes pursuant to the provisions of section 504B.285, 
 subdivision 1, or 504B.301, except that the provision of this 
 clause does not authorize a person who is not a licensed 
 attorney-at-law to conduct a jury trial or to appear before a 
 district court or the Court of Appeals or Supreme Court pursuant 
 to an appeal, and provided that, except for a nonprofit 
 corporation, a person who is not a licensed attorney-at-law 
 shall not charge or collect a separate fee for services rendered 
 pursuant to this clause; 

    (14) the delivery of legal services by a specialized legal 
 assistant in accordance with a specialty license issued by the 
 Supreme Court before July 1, 1995; 

    (15) the sole shareholder of a corporation from appearing 
 on behalf of the corporation in court; or 

    (16) an officer, manager, partner, or employee or an agent 
 of a condominium, cooperative, or townhouse association from 
 appearing on behalf of a corporation, limited liability company, 
 partnership, sole proprietorship, or association in conciliation 
 court or in a district court action removed from conciliation 
 court, in accordance with section 491A.02, subdivision 4. 

    Subd. 3a.    Real estate closing services.  Nothing in 
 this section shall be construed to prevent a real estate broker, 
 a real estate salesperson, or a real estate closing agent, as 
 defined in section 82.17, from drawing or assisting in drawing 
 papers incident to the sale, trade, lease, or loan of property, 
 or from charging for drawing or assisting in drawing them, 
 except as hereafter provided by the Supreme Court. 

    Subd. 4.    Mortgage foreclosure fees.  It shall be 
 unlawful to exact, charge or receive any attorney's fee for the 
 foreclosure of any mortgage, unless the foreclosure is conducted 
 by a licensed attorney at law of Minnesota and unless the full 
 amount charged as attorney's fee is actually paid to and 
 received and retained by such attorney, without being, directly 
 or indirectly, shared with or rebated to any one else; and it 
 shall be unlawful for any such attorney to make any showing of 
 receiving such a fee unless the attorney has received the same 
 or to share with or rebate to any other person, firm, or 
 corporation such fee, or any part thereof, received by the 
 attorney; but such attorney may divide such fee with another 
 licensed attorney at law maintaining the other's place of 
 business and not an officer or employee of the foreclosing 
 party, if such attorney has assisted in performing the services 
 for which the fee is paid, or resides in a place other than that 
 where the foreclosure proceedings are conducted and has 
 forwarded the case to the attorney conducting such foreclosure.  

    Subd. 5.    Corporate fiduciary agents.  It shall be 
 unlawful for any corporation, appearing as executor, 
 administrator, guardian, trustee, or other representative, to do 
 the legal work in any action, probate proceeding or other 
 proceeding in any court in this state, except through a licensed 
 attorney at law of Minnesota maintaining the attorney's own 
 place of business and not an officer or employee of such 
 executor, administrator, guardian, trustee, or representative.  
 No attorney's fee shall be charged or paid or received in any 
 such case, unless actually paid to and received and retained by 
 such an attorney at law maintaining the attorney's own place of 
 business and not an officer or employee of such executor, 
 administrator, guardian, trustee, or representative; and it 
 shall be unlawful for such attorney to represent in any manner 
 receiving any sum as a fee or compensation unless the same has 
 been actually received or, directly or indirectly, to divide 
 with or rebate to any person, firm, or corporation any part of 
 any such fee or consideration received by the attorney in any 
 such case; but such attorney may divide such fee with another 
 licensed attorney at law maintaining the other's own place of 
 business and not an officer or employee of such executor, 
 administrator, guardian, trustee, or other representative, if 
 such attorney has assisted in performing the services for which 
 the fees are paid, or resides in a place other than that where 
 the action or proceedings are conducted and has forwarded the 
 case to the attorney conducting the action or proceedings.  

    Subd. 6.    Attorneys of other states.  Any attorney or 
 counselor at law residing in any other state or territory in 
 which the attorney has been admitted to practice law, who 
 attends any term of the Supreme Court, Court of Appeals, or 
 district court of this state for the purpose of trying or 
 participating in the trial or proceedings of any action or 
 proceedings there pending, may, in the discretion of the court 
 before which the attorney appears in the action or proceeding, 
 be permitted to try, or participate in the trial or proceedings 
 in, the action or proceeding, without being subject to the 
 provisions of this section, other than those set forth in 
 subdivision 2, providing the state in which the attorney is 
 licensed to practice law likewise grants permission to members 
 of the state bar of Minnesota to act as an attorney for a client 
 in that state under the same terms.  

    Subd. 7.    Lay assistance to attorneys.  Nothing 
 herein contained shall be construed to prevent a corporation 
 from furnishing to any person lawfully engaged in the practice 
 of law, such information or such clerical service in and about 
 the attorney's professional work as, except for the provisions 
 of this section, may be lawful, provided, that at all times the 
 lawyer receiving such information or such services shall 
 maintain full, professional and direct responsibility to the 
 attorney's clients for the information and services so received. 

    Subd. 8.    Penalty; injunction.  (a) Any person or 
 corporation, or officer or employee thereof, violating any of 
 the foregoing provisions shall be guilty of a misdemeanor; and, 
 upon conviction thereof, shall be punished as by statute 
 provided for the punishment of misdemeanors.  It shall be the 
 duty of the respective county attorneys in this state to 
 prosecute violations of this section, and the district courts of 
 this state shall have sole original jurisdiction of any such 
 offense under this section.  

    (b) A county attorney or the attorney general may, in the 
 name of the state of Minnesota, or in the name of the State 
 Board of Law Examiners, proceed by injunction suit against any 
 violator of any of the provisions above set forth to enjoin the 
 doing of any act or acts violating any of said provisions.  

    (c) In addition to the penalties and remedies provided in 
 paragraphs (a) and (b), the public and private penalties and 
 remedies in section 8.31 apply to violations of this section. 

    Subd. 9.    Construing subdivision.  Nothing in 
 subdivision 3a shall be construed to allow a person other than a 
 licensed attorney to perform or provide the services of an 
 attorney or be construed to otherwise conflict with this section.

    HIST: (5687-1) 1931 c 114 s 1; 1959 c 476 s 1; 1969 c 9 s 87; 
 1974 c 406 s 49; 1981 c 168 s 1; 1983 c 247 s 173,174; 1986 c 
 444; 1987 c 377 s 6; 1988 c 695 s 3-5; 1991 c 299 s 1; 1992 c 
 376 art 1 s 1; 1992 c 497 s 1; 1992 c 591 s 1; 1993 c 321 s 1; 
 1994 c 502 s 1; 1994 c 568 s 2; 1997 c 174 art 12 s 70; 1999 c 
 86 art 1 s 74; 1999 c 199 art 2 s 19 

     481.03 Attorneys shall not employ solicitors.  

    No attorney at law shall, through any runner, agent or 
 person not an attorney at law who is employed by the attorney, 
 solicit a person to employ such attorney to present a claim for 
 damages for personal injuries or for death, or to prosecute an 
 action to enforce such a claim, and no attorney at law shall, 
 directly or indirectly, give a promise to any such person other 
 than an attorney at law any money, fee or commission in 
 consideration of the employment of such attorney by a person 
 having a claim for personal injuries or for death, or soliciting 
 or procuring such person who has such claim to employ such 
 attorney to present such claim or to prosecute an action for the 
 enforcement thereof. 

    HIST: (5687-5) 1929 c 289 s 1; 1986 c 444 

     481.04 Soliciting of business by persons other than 
  attorneys; prohibition.  

    It shall be unlawful for any person not an attorney at law 
 to solicit for money, fee or commission, in any manner 
 whatsoever, any demand or claim for personal injuries or for 
 death for the purpose of having an action brought thereon for 
 the purpose of settling the same.  Nothing in sections 481.03 to 
 481.05 shall be construed to prevent any bona fide labor 
 organization or any member thereof from advising or securing 
 advice for any member of such organization in regard to the 
 member's rights.  

    HIST: (5687-6) 1929 c 289 s 2; 1986 c 444 

     481.05 Violations; penalties.  

    Subdivision 1.    Misdemeanor.  Any attorney at law who 
 shall violate section 481.03 shall be guilty of a misdemeanor 
 and punished by a fine of not less than $50 nor more than $100 
 or by imprisonment in the county jail for not more than 90 days. 

    Subd. 2.    Misdemeanor.  Any person who shall violate 
 section 481.04 shall be guilty of a misdemeanor and punished by 
 a fine of not less than $50 nor more than $100 or by 
 imprisonment in the county jail for not to exceed 90 days.  

    HIST: (5687-7) 1929 c 289 s 3 

     481.06 General duties.  

    Every attorney at law shall: 

    (1) observe and carry out the terms of the attorney's oath; 

    (2) maintain the respect due to courts of justice and 
 judicial officers; 

    (3) counsel or maintain such causes only as appear to the 
 attorney legal and just; but the attorney shall not refuse to 
 defend any person accused of a public offense; 

    (4) employ, for the maintenance of causes confided to the 
 attorney, such means only as are consistent with truth, and 
 never seek to mislead the judges by any artifice or false 
 statement of fact or law; 

    (5) keep inviolate the confidences of the attorney's 
 client, abstain from offensive personalities, and advance no 
 fact prejudicial to the honor or reputation of a party or 
 witness, unless the justice of the cause requires it; 

    (6) encourage the commencement or continuation of no action 
 or proceeding from motives of passion or interest; nor shall the 
 attorney, for any personal consideration, reject the cause of 
 the defenseless or oppressed.  

    HIST: (5688) RL s 2281; 1986 c 444 

     481.07 Penalties for deceit or collusion.  

    An attorney who, with intent to deceive a court or a party 
 to an action or judicial proceeding, is guilty of or consents to 
 any deceit or collusion, shall be guilty of a misdemeanor; and, 
 in addition to the punishment prescribed therefor, the attorney 
 shall be liable to the party injured in treble damages.  If the 
 attorney permit any person other than a general law partner to 
 begin, prosecute, or defend an action or proceeding in the 
 attorney's name, the attorney giving such permission, and every 
 person so using the name, shall forfeit $50 to the party against 
 whom the action or proceeding is prosecuted or defended, 
 recoverable in a civil action.  

    HIST: (5689) RL s 2282; 1986 c 444 

     481.071 Misconduct by attorneys.  

    Every attorney or counselor at law who shall be guilty of 
 any deceit or collusion, or shall consent thereto, with intent 
 to deceive the court or any party, or who shall delay the 
 attorney's client's suit with a view to the attorney's own gain, 
 shall be guilty of a misdemeanor and, in addition to the 
 punishment prescribed by law therefor, shall forfeit to the 
 party injured treble damages, to be recovered in a civil action. 

    HIST: (10044) RL s 4856; 1986 c 444 

     481.08 Authority. 

    An attorney may bind a client, at any stage of an action or 
 proceeding, by agreement made in open court or in the presence 
 of the court administrator, and entered in the minutes by such 
 court administrator, or made in writing and signed by such 
 attorney.  During any proceeding or action the attorney may 
 receive money claimed therein by a client, and within six years 
 after judgment, upon payment thereof, may discharge the claim or 
 acknowledge satisfaction of the judgment; but all such authority 
 shall cease upon the substitution of another attorney. 

    HIST: (5690) RL s 2283; 1979 c 12 s 1; 1986 c 444; 1Sp1986 c 3 
 art 1 s 82 

     481.09 Proof of authority.  

    A court, upon motion and hearing, and when reasonable 
 grounds are shown, may require any attorney to prove the 
 attorney's authority to appear and, until such proof is made, 
 may stay all proceedings by the attorney on behalf of the party 
 the attorney assumes to represent.  At any stage of the 
 proceedings the court may relieve a party from the consequences 
 of the unauthorized acts of an attorney and, upon motion, may 
 summarily compel such attorney to repair any injury resulting 
 therefrom.  

    HIST: (5691) RL s 2284; 1986 c 444 

     481.10 Consultation with persons restrained. 

    Subdivision 1.    Consultation.  All officers or persons 
 having in their custody a person restrained of liberty, except 
 in cases where imminent danger of escape or injury exists, shall 
 admit any attorney retained by or on behalf of the person 
 restrained, or whom the restrained person may desire to consult, 
 to a private interview at the place of custody.  Such 
 custodians, upon request of the person restrained, as soon as 
 practicable, and before other proceedings shall be had, shall 
 notify the attorney of the request for a consultation with the 
 attorney.  

    Subd. 2.    Telephone access in local correctional 
 facilities.  Except as provided in subdivision 3 and except in 
 cases where imminent danger of escape or injury exists, all 
 officers or persons having in their custody a person restrained 
 of liberty whether or not the person restrained has been 
 charged, tried, or convicted, shall provide private telephone 
 access to any attorney retained by or on behalf of the person 
 restrained, or whom the restrained person may desire to consult 
 at no charge to the attorney or to the person restrained.  
 Reasonable telephone access under this subdivision shall be 
 provided following the request of the person restrained and 
 before other proceedings shall be had regarding the alleged 
 offense causing custody.  

    Subd. 3.    Telephone access in state correctional 
 facilities.  Except in cases where imminent danger of escape 
 or injury exists, all officers or persons having in their 
 custody a person restrained of liberty while serving an executed 
 sentence in a state correctional facility, shall provide private 
 telephone access to any attorney retained by or on behalf of the 
 person restrained, or whom the restrained person may desire to 
 consult at no charge to the attorney or to the person 
 restrained.  Telephone access under this subdivision shall be 
 provided following the request of the person restrained and in 
 accordance with policies adopted by the institution that meet 
 constitutional requirements. 

    Subd. 4.    Criminal penalty.  (a) Except as provided in 
 paragraph (b), whoever violates subdivision 1 or 2 is guilty of 
 a misdemeanor and shall also forfeit $100 to the person 
 aggrieved, to be recovered in a civil action. 

    (b) The penalties described in paragraph (a) do not apply 
 to officers or persons having in their custody persons 
 restrained of liberty while serving an executed sentence in a 
 state correctional facility. 

    HIST: (5692) RL s 2285; 1986 c 444; 1991 c 345 art 1 s 101; 
 1992 c 571 art 15 s 3; 2000 c 408 s 1 

     481.11 Change of attorney. 

    The attorney in a civil action or proceeding may be changed 
 at any time.  When such change is made, written notice of the 
 substitution of a new attorney shall be given to adverse 
 parties; until such notice, they shall recognize the former 
 attorney. 

    HIST: (5693) RL s 2286; 1976 c 304 s 1 

     481.12 Disability; substitution. 

    When the sole attorney of a party to any action or 
 proceeding in any court of record dies, becomes insane, or is 
 removed or suspended, the party for whom the attorney appears 
 shall appoint another attorney within ten days after the 
 disability arises, and give immediate written notice of the 
 substitution to the adverse party.  If the party fails to make 
 substitution within such time, the adverse party, at least 20 
 days before taking further proceedings against the party, shall 
 give the party written notice to appoint another attorney. When, 
 for any reason, the attorney for a party ceases to act, and the 
 party has no known residence within the state, such notice may 
 be served upon the court administrator.  In case such party 
 fails either to comply with the notice or appear in person 
 within 30 days, the party shall not be entitled to notice of 
 subsequent proceedings in the case.  

    HIST: (5694) RL s 2287; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 
 1990 c 426 art 1 s 51 

     481.13 Lien for attorneys' fees. 

    Subdivision 1.    Generally.  (a) An attorney has a lien 
 for compensation whether the agreement for compensation is 
 expressed or implied (1) upon the cause of action from the time 
 of the service of the summons in the action, or the commencement 
 of the proceeding, and (2) upon the interest of the attorney's 
 client in any money or property involved in or affected by any 
 action or proceeding in which the attorney may have been 
 employed, from the commencement of the action or proceeding, 
 and, as against third parties, from the time of filing the 
 notice of the lien claim, as provided in this section. 

    (b) An attorney has a lien for compensation upon a 
 judgment, whether there is a special express or implied 
 agreement as to compensation, or whether a lien is claimed for 
 the reasonable value of the services.  The lien extends to the 
 amount of the judgment from the time of giving notice of the 
 claim to the judgment debtor.  The lien under this paragraph is 
 subordinate to the rights existing between the parties to the 
 action or proceeding. 

    (c) A lien provided by paragraphs (a) and (b) may be 
 established, and the amount of the lien may be determined, 
 summarily by the court under this paragraph on the application 
 of the lien claimant or of any person or party interested in the 
 property subject to the lien. 

    Judgment shall be entered under the direction of the court, 
 adjudging the amount due. 

    Subd. 2.    Perfection of lien.  (a) If the lien is 
 claimed on the client's interest in real property involved in or 
 affected by the action or proceeding, a notice of intention to 
 claim a lien on the property must be filed in the office of the 
 county recorder or registrar of titles, where appropriate, and 
 noted on the certificate or certificates of title affected, in 
 and for the county where the real property is located.  Within 
 30 days of filing a lien on real property, the claimant must 
 prepare and deliver a written notice of the filing personally or 
 by certified mail to the owner of the real property or the 
 owner's authorized agent.  A person who fails to provide the 
 required notice shall not have the lien and remedy provided by 
 this section.  Upon receipt of payment in full of the debt which 
 gave rise to the lien, the lienholder shall deliver within 30 
 days a recordable satisfaction and release of lien to the owner 
 of the real property or the owner's authorized agent.  No notice 
 of intent to claim a lien may be filed more than 120 days after 
 the last item of claim. 

    (b) If the lien is claimed on the client's interest in 
 personal property involved in or affected by the action or 
 proceeding, the notice must be filed in the same manner as 
 provided by law for the filing of a security interest. 

    Subd. 3.    One-year limitation.  No lien against real 
 property shall be enforced unless the lienholder, by filing 
 either a complaint or an answer with the court administrator, 
 asserts a lien within one year after the filing of the notice of 
 intention to claim a lien, unless within the one-year time 
 period the owner has agreed to a longer time period to assert 
 the lien.  This agreement must be in a written instrument signed 
 by the owner containing the legal description of the affected 
 real property and a description of the recording information of 
 the filed lien and the written instrument must be recorded in 
 the same office as the lien within one year after the filing of 
 the notice of intention to claim a lien.  In no event may the 
 lien be asserted more than three years after filing.  No person 
 is bound by any judgment in the action unless made a party to 
 the action within the time limit.  The absence from the record 
 in the Office of the County Recorder or the registrar of titles, 
 where appropriate, of a notice of lis pendens of an action after 
 the expiration of the time limit in which the lien could be so 
 asserted is conclusive evidence that the lien may no longer be 
 enforced as to a bona fide purchaser, mortgagee, or encumbrancer 
 without notice.  In the case of registered land, the registrar 
 of titles shall refrain from carrying forward to new 
 certificates of title the memorials of lien statements when no 
 notice of lis pendens has been registered within the time limit. 

    HIST: (5695) RL s 2288; 1917 c 98; 1939 c 394; 1976 c 181 s 2; 
 1976 c 304 s 2; 1986 c 444; 2002 c 403 s 2; 2003 c 5 art 2 s 1 

*   NOTE:  The amendment to this section by Laws 2002, chapter 
*403, section 2, is effective August 1, 2002, and applies to a 
*notice of intention to claim a lien filed on or after August 1, 
*2002.  Subdivision 3 applies to notices of intention to claim a 
*lien filed prior to August 1, 2002.  These liens expire August 
*1, 2003, unless prior to August 1, 2003, the lienholder complies 
*with the provisions of subdivision 3 by filing either a 
*complaint or an answer with the court administrator and filing 
*with the county recorder or registrar of titles, a notice of lis 
*pendens of the action for registered land, the registrar of 
*titles shall not carry memorials of lien statements forward to 
*new certificates of title if no notice of lis pendens has been 
*registered before August 1, 2003.  Laws 2002, chapter 403, 
*section 2, the effective date.

     481.14 Refusal to surrender property to clients. 

    When an attorney shall refuse to deliver money or papers to 
 a person from or for whom the attorney has received them in the 
 course of professional employment, the attorney may be required 
 to do so, upon petition, by an order of court.  Such order may 
 be granted by the court in which the action was prosecuted, or, 
 if no action was prosecuted, by the district court of the county 
 where the attorney resides, or by the Supreme Court, and may 
 require the attorney to make delivery within a time specified, 
 or show cause why the attorney should not be punished for 
 contempt.  In the event an attorney shall retain money of a 
 client under a claim of right, including a claim for fees and 
 expenses, the court shall determine the amount, if any, due such 
 attorney, and shall order that any surplus amount remaining 
 after deduction thereof be surrendered to the client. 

    HIST: (5696) RL s 2289; 1976 c 304 s 3; 1986 c 444 

     481.15 Removal or suspension. 

    Subdivision 1.    Causes.  An attorney at law may be 
 removed or suspended by the Supreme Court for any one of the 
 following causes arising after admission to practice: 

    (1) Upon being convicted of a felony, or of a misdemeanor 
 involving moral turpitude, (in either of which cases the record 
 of conviction shall be conclusive evidence).  This clause shall 
 not be construed to apply to a conviction for contempt of court; 

    (2) Upon a showing that the attorney has knowingly signed a 
 frivolous pleading, or been guilty of any deceit or willful 
 professional misconduct; 

    (3) For willful disobedience of an order of court requiring 
 the attorney to do or forbear an act connected with or in the 
 course of the attorney's profession; 

    (4) For a willful violation of the attorney's oath, or of 
 any duty imposed upon an attorney by law. 

    Subd. 2.    Proceedings.  Proceedings in the cases may 
 be taken by the Supreme Court on its own motion, for matter 
 within its knowledge, or upon accusation.  Accusations may be 
 made to the clerk of the appellate courts and shall be 
 investigated, prosecuted, heard and determined in accordance 
 with rules made by the Supreme Court.  The Supreme Court may 
 refer any accusation to any person, and the person shall have 
 all the powers of a referee under the Rules of Civil Procedure.  
 Objections to the referee may be filed within ten days of the 
 appointment and shall be heard and determined by the supreme 
 court.  The referee shall report the evidence and, if directed 
 by the Supreme Court, shall make findings on it.  Persons 
 designated by the Supreme Court under the authority of this 
 section shall be paid their necessary expenses and compensation 
 fixed by the Supreme Court.  Officers and witnesses necessarily 
 employed or called by the prosecution shall receive the fees and 
 mileage allowed by law.  The Supreme Court shall fix a 
 reasonable compensation for the reporter.  All expenses, fees 
 and compensation authorized shall be paid upon itemized vouchers 
 approved by one of the justices of the Supreme Court. 

    Subd. 3. Repealed, 1981 c 356 s 377 

    HIST: (5697) RL s 2290; 1921 c 334 s 1; 1933 c 79; 1969 c 399 
 s 49; 1973 c 501 s 17; 1976 c 239 s 118; 1976 c 304 s 4; 1977 c 
 403 s 11; 1983 c 247 s 175; 1986 c 444 

     481.16 Certain attorneys not to defend certain 
  prosecutions; penalty.  

    Every attorney who shall, directly or indirectly, advise in 
 relation to, or aid or promote the defense of, any action or 
 proceeding in any court, the prosecution of which shall be 
 carried on, aided, or promoted by any person as county attorney 
 or other public prosecutor with whom such attorney shall be, 
 directly or indirectly, connected as partner, or who, having 
 personally prosecuted or in any manner aided or promoted any 
 action or proceeding in any court as county attorney or other 
 public prosecutor, shall afterwards, directly or indirectly, 
 advise in relation to, or take any part in, the defense thereof, 
 as attorney or otherwise, or who shall take or receive any 
 valuable consideration from or on behalf of any defendant in any 
 such action, upon any understanding or agreement whatsoever, 
 expressed or implied, having relation to the defense thereof, 
 shall be guilty of a misdemeanor.  

    HIST: (10519) RL s 5181; 1986 c 444 

     481.17 County, city, and school district attorneys. 

    In all counties in this state having a population of not 
 more than 12,000, the offices of county attorney, city attorney, 
 and school district attorney shall not be deemed incompatible 
 and may be held by the same person.  For the purposes of 
 prosecution of violations of state laws, municipal ordinances, 
 charter provisions, or municipal regulations, the offices of 
 county attorney and city attorney shall not be deemed 
 incompatible and may be held by the same person, regardless of 
 the population of the county.  

    HIST: 1969 c 649 s 1; 1973 c 123 art 5 s 7; 1983 c 177 s 8 

  481.18 Repealed, 1974 c 406 s 80 

     481.20 Client security account. 

    Fees received under rules or orders adopted by the supreme 
 court governing a client security fund or account must be 
 deposited in the state treasury and credited to a client 
 security account.  Investment income and investment losses 
 attributable to investment of the client security account must 
 be credited to the account.  Money in the account is 
 appropriated to the supreme court to pay the expenses of the 
 client security board and claims approved by the board. 

    HIST: 1987 c 404 s 183 

     481.21 Bond counsel fees. 

    An attorney-at-law performing services as bond counsel for 
 the state, a state agency, or a political subdivision of the 
 state shall be paid a fair and reasonable attorney's fee, based 
 on the following factors: 

    (1) the time and labor required; 

    (2) the experience and knowledge of the attorney; 

    (3) the complexity and novelty of problems involved; 

    (4) the extent of the responsibilities assumed and the 
 results obtained; and 

    (5) the sufficiency of assets properly available to pay for 
 the services. 

    The fee must not be based primarily on a percentage of the 
 amount of the bonds or obligations sold. 

    HIST: 1994 c 533 s 1