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41.0307 Rules of practice.

Cite as [A.S.A.C. § 41.0307]

(a) The board hereby permits attorneys admitted to the High Court of American Samoa to appear before it. Law students, law graduates, legal practitioners and reputable individuals of good moral character may appear on an individual case basis at the request of the person entitled to representation, if he/she is appearing without direct or indirect remuneration and files a written declaration to that effect and if the board approves his/her appearance.

(b) The following shall be grounds for not permitting attorneys and others to appear before the board, although the following categories do not establish the exclusive grounds for suspension or disbarment in the public interest:

(1) any attorney who has been disbarred or under an order of suspension of the highest court of any state, possession, territory , commonwealth, or the District of Columbia or in any other way is restricted in the practice of law; and any person

(2) who, with intent to defraud or deceive, bribes, attempts to bribe, coerces, or attempts to coerce, by any means whatsoever, any person, including a party to a case, or an officer or employee of the Office of the Attorney General or the board, to commit an act or to refrain from performing an act in connection with any case;

(3) who willfully misleads, misinforms, or deceives an officer or an employee of the Office of the Attorney General or the board concerning any material and relevant fact in connection with a case;

(4) who willfully deceives, misleads threatens any party to a case concerning any matter relating to the case;

(5) who solicits practice in any unethical or unprofessional manner including, but not limited to, the use of runners, or advertising his/her availability to handle immigration matters;

(6) who represents, as an associate, any person who, known to him/her, solicits practice in any ethical or unprofessional manner, including but not limited to, the use of runners, or advertising his/her availability to handle immigration matters;

(7) who, by use of name, personal apparance, or any device, aids and abets any person to practice during the period of his/her suspension or disbarment, such suspension or disbarment being known to him/her:

(8) who willfully make false statements or representations to his/her qualifications or represent others in any case;

(9) who charges or receives either directly or indirectly, any fee or compensation for services which may be deemed to be grossly excessive in relation to the services performed, or any non-attorney who charges or receives either directly or indirectly any fee or compensation for services rendered to any person, except that an accredited representative of an organization may be regularly compensated by the organization of which he/she is an accredited representative;

(10) who engages in contumelious or otherwise obnoxious conduct with respect to a case in which he/she acts in a representative capacity, which in the opinion of the board would constitute cause tor suspension or disbarment if the case pending before a court, or which, in. such a judicial proceeding would constitute a contempt of court:

(11) who, having been furnished with a copy of any portion of the record in a case, willfully fails to surrender such copy upon final disposition of the case or upon demand, or willfully and without authorization makes and retains a copy of the material furnished ;

(12) who has been convicted of a felony, or, having been convicted of any crime is sentenced to imprisonment for a term of more than one year;

(13) who has falsely certified a copy of the document as being a true and complete copy of an original.

History: Rule 3-86, eff 7 Dec 86.