fences only as appear to him legal or just, except the defence of a person charged with a public offence. 4. To employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth, and never to seek to mislead the judges 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 motive of passion or interest. 8. Never to reject, for any consideration personal to himself, the cause of the defenceless or the oppressed. N. Y. C. C. P,, § 511. SUB-DIVISION 5: 15 Cal. 387; 23 Cal. 331: 29 Cal. 47; 33 Cal. 425; 34 Cal. 610; 36 Cal. 489. Ó 283. An attorney and counsellor has 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. Same as stat. 1851, 49, except that the § omits within one year, and inserts words in italics. SUB-DIVISION 1: 1 Cal. 213; 2 Cal. 92; 3 Cal. 185; 13 Cal. 191; 29 Cal. 147; 35 Cal. 467; 40 Cal. 284: 45 Cal. 60. $284. The attorney in an action or special proceeding may be changed at any time before judgment or final determination, as follows: 1. Upon his own consent, filed with the clerk or entered upon the minutes. C. C. P.-8 -the order of the court or judge thereof, upon the application of the client. Stat. 1851, 49, N. Y. C. C. P. § 517. 16 Cal. 436; 33 Cal. 208. $285. When an attorney is changed, as provided in the last section, written notice of the change and of the substitution of a new attorney, or of the appearance of the party in person, must be given to the adverse party; until then, he must recognize the former attorney. Stat. 1851, 49, N. Y. C. C. P. § 518. 6 Cal. 55. § 286. When an attorney dies, or is removed or suspended, or ceases to act as such, a party to an action for whom he was acting as attorney must, before any further proceedings are had against him, be required by the adverse party, by writter notice, to appoint another attorney or to appear in person. Stat. 1851, 49, N. Y. C. C. P. § 519. 287. An attorney and counsellor may be removed or suspended by the supreme court, and by the district courts of the State, for either of the following causes, arising after his admission to practise : 1. His conviction of a felony, or misdemeanor involving moral turpitude, in which case the record of conviction is conclusive evidence. 2. Wilful disobedience or violation of an order of the court requiring him to do or forbear an act connected with or in the course of his profession, and any violation of the oath taken by him or of his duties as such attorney and counsellor. 3. Corruptly and without authority appearing as attorney for a party to an action or proceeding. In all cases where an attorney is removed or suspended by a distric he may appeal to the supreme court, and the judgment or order of the court is subject, on such appeal, to review, as in civil actions. Stat. 1859, 69. Third sub-division is new. 1 Cal. 143, 190; 20 Cal. 427. $288. In case of the conviction of an attorney or counsel lor of a felony, or misdemeanor involving moral turpitude the clerk of the court in which a conviction is had must, within thirty days thereafter, transmit to the supreme court a certified copy of the record of conviction. 289. The proceedings to remove or suspend an attorney and counsellor, under the first sub-division of section two hundred and eighty-seven, must be taken by the court on the receipt of a certified copy of the record of conviction; the proceedings under the second sub-division of section two hundred and eighty-seven may be taken by the court for matters within its knowledge, or may be taken upon the information of another. $290. If the proceedings are upon the information of another, the accusation must be in writing. 291. The accusation must state the matters charged, and be verified by the oath of some person, to the effect that the charges therein contained are true. 292. After receiving the accusation, the court must, if in its opinion the case require it, make an order requiring the accused to appear and answer the accusation, at a specified time in the same or subsequent term, and must cause a copy of the order and of the accusation to be served upon the accused within a prescribed time before the day appointed in the order. § 293. The accused must appear at the time appointed in the order, and answer the accusation, unless for sufficient cause the court assign another day for that purpose; if he do not appear, the court may proceed and determine the accusation in his absence § 294. The accused may answer to the accusation, either by objecting to its sufficiency or denying it. § 295. If he object to the sufficiency of the accusation, the objection must be in writing, but need not be in any specific form, it being sufficient if it presents intelligibly the grounds of the objection. If he deny the accusation, the denial may be oral and without oath, and must be entered upon the minutes. From it at objection to the sufficiency of the accusation is not sustained, the accused must answer fortwrent 297. If the accused plead guilty, or refuse to answer the accusation, the court must proceed to judgment of removal or suspension. If he deny the matters charged, the court must, at such time as it may appoint, proceed to try the accusation. 298. The court may, in its discretion, order a reference to a committee to take depositions in the matter. 299. Upon conviction, in cases arising under the first sub-division of section two hundred and eighty-seven, the judgment the court must be that the name of the party be stricken from roll of attorneys and counsellors of the court, and he be precited from practising as such attorney or counsellor in all the courts or this State; and, upon conviction in cases under the second sub-division of section two hundred and eighty-seven, the judgment of the court may be according to the gravity of the offence charged-deprivation of the right to practise as attorney or counsellor in the courts of the State, permanently or for a limited period. Stat. 1851, 51. 88 283-299, vie, excepting the slight variation noted, taken from etat. 1851, 49-51, CHAPTER II. OF OTHER PERSONS INVESTED WITH SUCH POWERS. SECTION 304. Receivers and guardians. $304. The appointment, powers and duties of receivers and guardians, are provided for and prescribed in parts two and three of this code PART II. OF CIVIL ACTIONS. TITLE I. FORM OF CIVIL ACTIONS. §§ 307-309. TITLE II, TIME OF COMMENCING CIVIL ACTIONS. Ø 312--362. PARTIES TO CIVIL ACTIONS. §§ 367-389. TITLE III. TITLE IV. TITLE VI. TITLE VII. PLACE OF TRIAL OF CIVIL ACTIONS. § 392-400. PROVISIONAL REMEDIES IN CIVIL ACTIONS. §§ 478- TITLE VIII. TRIAL AND JUDGMENT IN CIVIL ACTIONS. § 577-675. TITLE IX. EXECUTION OF THE JUDGMENT IN CIVIL ACTIONS. Ø 681-721. TITLE X. TITLE XI. TITLE XII. ACTIONS IN PARTICULAR CASES. §§ 726-827. PROCEEDINGS IN POLICE COURTS. § 929–933. |