2006 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.
History: (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.
History: (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.
History: (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.
History: (5687-6) 1929 c 289 s 2; 1986 c 444

481.05 VIOLATIONS; PENALTIES.
    Subdivision 1. Misdemeanor. Any attorney at law who violates section 481.03 is guilty of
a misdemeanor.
    Subd. 2. Misdemeanor. Any person who violates section 481.04 is guilty of a misdemeanor.
History: (5687-7) 1929 c 289 s 3; 2005 c 10 art 3 s 21

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.
History: (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.
History: (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.
History: (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.
History: (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.
History: (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.
History: (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.
History: (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.
History: (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.
History: (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

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.
History: (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]
History: (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.
History: (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.
History: 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.
History: 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.
History: 1994 c 533 s 1