Liability of Attorneys

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Where attorneys retain in their hands the money of their clients after it has been demanded, they are liable to rule and otherwise as sheriffs are and incur the same penalties and consequences.

(Laws 1822, Cobb's 1851 Digest, p. 578; Code 1863, § 381; Code 1868, § 442; Code 1873, § 407; Code 1882, § 407; Civil Code 1895, § 4416; Civil Code 1910, § 4954; Code 1933, § 9-617.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 7 Am. Jur. 2d, Attorneys at Law, § 231.

C.J.S.

- 7A C.J.S., Attorney and Client, § 263.

ALR.

- Right of attorney to jury trial where he is charged with failure to turn over money or property to client, 22 A.L.R. 1501.

Funds in hands of his attorney as subject of attachment or garnishment by client's creditor, 35 A.L.R.3d 1094.

Attorney's failure to report promptly receipt of money or property belonging to client as ground for disciplinary action, 91 A.L.R.3d 975.

Restitution as mitigating circumstance in disciplinary action against attorney based in wrongful conduct creating liability to client, 95 A.L.R.3d 724.


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