the county treasury upon the order of the court; provided, that when there is no official reporter in attendance, and a reporter pro tempore is appointed, his reasonable expenses for traveling and detention must be fixed and allowed by the court and paid in like manner. In civil cases, the fees for reporting and for transcripts ordered by the court to be made must be paid by the parties in equal proportions, and either party may, at his option, pay the whole thereof; and, in either case, all amounts so paid by the party to whom costs are awarded must be taxed as costs in the case. The fees for transcripts and copies ordered by the parties must be paid by the party ordering the same. No reporter must be required to perform any · service in a civil case until his fees therefor have been paid to him or deposited with the clerk of the court. En. Stats. 1873-4, 403. Am'd. 1880, 54; 1885, 218; 1903, 234. TITLE V. PERSONS SPECIALLY INVESTED WITH MINISTERIAL POWERS RELATING TO COURTS OF JUSTICE. Chapter I. Attorneys and Counselors at Law, §§ 275-299. II. Other Persons Invested with Such Powers, § 304. 279. Attorneys of other states. 280. Roll of attorneys. Penalty for practicing without license. 281. 282. 283. 284. Change of attorney. Authority. 285. Notice of change. Death or removal of attorney. Removal and suspension. Conviction of felony. Proceedings for removal or suspension. 286. 287. 288. 289. 290. Accusation. 294. Objections to accusation. § 275. Who may be admitted as attorneys. Any citizen or person resident of this state, who has bona fide declared his or her intention to become a citizen in the manner required by law, of the age of twenty-one years, of good moral character, and who possesses the necessary qualifications of learning and ability, is entitled to admission as attorney and counselor in all the courts of this state. All persons are attorneys of the supreme court who were on the first day of January, eighteen hundred and eighty, entitled to practice in the court superseded thereby. En. March 11, 1872. Am'd. 1877-8, 99; 1880, 55. Cal.Rep.Cit. 86, 85. Admission of attorneys: See sections following this. Judges must be licensed attorneys: Ante, secs. 156, 157. Judicial and ministerial officers, not to practice: See Pol. Code, sec. 4121; sec. 171, ante; nor to have a partner: Sec. 172, ante. Removal of attorneys: See post, sec. 287. § 276. Qualifications. Every applicant for admission as an attorney and counselor must produce satisfactory testimonials of a good moral character and undergo a strict examination in open court as to his qualifications, by the justices of the supreme court, or by the justices sitting and holding one of the departments thereof, or by not less than three of the supreme court commissioners, to be designated and appointed by the chief justice of the supreme court to conduct publicly the examination; such commissioners to report the results of the examination to the supreme court for final action. En. March 11, 1872. Am'd. 1873-4, 289; 1873-4, 404; 1880, 55; 1895, 56. Cal.Rep.Cit. 86, 85; 126, 87. See supreme court rule 1. § 277. Certificate of admission and license. If, upon examination, he is found qualified, the supreme court, or department thereof before which he is examined, shall admit him as an attorney and counselor in all the courts of this state, and shall direct an order to be entered to that effect upon its records, and that a certificate of such record be given to him by the clerk of the court, which certificate shall be his license. En. March 11, 1872. Am'd. 1880, 56. Cal.Rep. Cit. 86, 86. Disbarment: § 278. See post, secs. 287 et seq. Oath. Every person, on his admission, must take an oath to support the constitution of the United States and the constitution of the state of California, and to faithfully discharge the duties of an attorney and counselor at law to the best of his knowledge and ability. A certificate of such oath must be indorsed upon the license. En. March 11, 1872. Am'd. 1880, 56. Cal.Rep.Cit. 69, 34; 75, 92; 86, 86. § 279. Attorneys of other states. Every citizen of the United States, or person resident of this state, who has, bona fide, declared his intention to become a citizen in the manner required by law, who has been admitted to practice law in the highest court of a sister state, or of a foreign country, where the common law of England constitutes the basis of jurisprudence, may be admitted to practice in the courts of this state, upon the production of his or her license, and satisfactory evidence of good moral character; but the court may examine the applicant as to his or her qualifications. En. March 11, 1872. Am'd. 1877-8, 99; 1880, 56. Cal.Rep.Cit. 61, 123; 61, 124; 84, 165. "State" and subd. 7. § 280. 66 United States," defined: Ante, sec. 17, Roll of attorneys. Every clerk shall keep a roll of attorneys and counselors admitted to practice by the court of which he is clerk, which roll must be signed by the person admitted before he receives his license. En. March 11, 1872. Am'd. 1880, 56. Cal.Rep. Cit. 86, 86. Attorneys of the supreme court: Ante, sec. 275. § 281. Penalty for practicing without license. If any person shall practice law in any court, except a justice's court or police court, without having received a license as attorney and counselor, he shall be guilty of a contempt of court. En. March 11, 1872. Am'd. 1880, 56. Cal.Rep.Cit. 86, 86. Contempt: Post, secs. 1209 et seq. Justices' court practitioners: Ante, sec. 96. § 282. Duties. It is the duty of an attorney and counselor: 1. To support the constitution and laws of the United States and of this state; 2. To maintain the respect due to the courts of justice and judicial officers; 3. To counsel or maintain such actions, proceedings, or defenses only as appear to him legal or just, except the defense of a person charged with a public offense; 4. To employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth, and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law; 5. To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his client; 6. To abstain from all offensive personality, and to advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he is charged; 7. Not to encourage either the commencement or the continuance of an action or proceeding from any corrupt motive of passion or interest; 8. Never to reject, for any consideration personal to himself, the cause of the defenseless or the oppressed. En. March 11, 1872. Am'd. 1880, 56. Subd. 1. sec. 987. Oath: Ante, sec. 278. 86, 86; 130, 123. Subd. 175, 92; 84, 81: 86, 86; Subd. 464, 598; 67, 645; 69, 34. Subd. 6-105, 477. Offender, public-defense of: See Pen. Code, Subd. 5. Privileged communications: See post, sec. 1881. § 283. Authority. An attorney and counselor shall have authority: 1. To bind his client in any of the steps of an action or proceeding by his agreement filed with the clerk, or entered upon the minutes of the court, and not otherwise; 2. To receive money claimed by his client in an action or proceeding during the pendency thereof, or after judgment, unless a revocation of his authority is filed, and upon the payment thereof, and not otherwise, to discharge the claim or acknowledge satisfaction of the judgment. En. March 11, 1872. Am'd. 1880, 57. Cal.Rep.Cit. 86, 86; 130, 406. 42; 52, 240; 53, 29; 53, 664; 59, 479; 63, 92; 95, 287; 116, 491; 117, 130, 42; 130, 406; 135, 201. 35; 129, 200; Subd. 253, 29. |
