16-16-1. License from Supreme Court required to practice law--Active membership in state bar--Violation as misdemeanor.

No person, except as provided in § 16-18-2, may practice as an attorney and counselor at law in any court of record within this state, either by using or subscribing his or her own name or the name of any other person, without having previously obtained a license for that purpose from the Supreme Court of this state and having become an active member in good standing of the State Bar of South Dakota. A violation of this section is a Class 1 misdemeanor.

Source: SDC 1939 & Supp 1960, §§ 13.1255, 32.1101; SDCL, § 16-18-30; SL 1979, ch 150, § 14; SL 2001, ch 102, § 1.



SDLRC - Codified Law 16-16-1 - License from Supreme Court required to practice law--Active membership in state bar--Violation as misdemeanor.

16-16-1.1 . Essential eligibility requirements for admission.

Applicants must be able to demonstrate the following essential eligibility requirements for the practice of law:

(1)    The ability to be honest and candid with clients, lawyers, courts, the board, and others;

(2)    The ability to reason, recall complex factual information, and integrate that information with complex legal theories;

(3)    The ability to communicate with clients, lawyers, courts, and others with a high degree of organization and clarity;

(4)    The ability to use good judgment on behalf of clients and in conducting one's professional business;

(5)    The ability to conduct oneself with respect for and in accordance with the law;

(6)    The ability to avoid acts that exhibit disregard for the rights or welfare of others;

(7)    The ability to comply with the requirements of the Rules of Professional Conduct, applicable state, local, tribal, and federal laws, regulations, statutes, and any applicable order of a court or tribunal;

(8)    The ability to act diligently and reliably in fulfilling one's obligations to clients, lawyers, courts, and others;

(9)    The ability to use honesty and good judgment in financial dealings on behalf of oneself, clients, and others; and

(10)    The ability to comply with deadlines and time constraints.

Source: SL 2016, ch 244 (Supreme Court Rule 16-05), eff. July 1, 2016.