Is a non-resident attorney exempt from service of process when he is not in court?

The rule is summarized as follows: 'While in some states the exemption does not exist at all, in a few states the courts have held that attorneys at law, while in attendance on court, are exempt from the service of summons or other process not in arrest. Also, in some jurisdictions, the privilege of exemption from service of process of nonresident witnesses and suitors has been held to be applicable to nonresident attorneys. However, this exemption does not apply to a nonresident attorney who is not an attorney of record [citing Tadge v. Byrnes, 179 Cal. 275, 176 P. 439], nor to a nonresident attorney coming into the state to take depositions to be used in the trial of an action in another state, and a nonresident attorney is not privileged from service of process in a second suit brought in aid of the first, on which the attorney was in attendance when served. The exemption exists, however, only while the attorney is in actual attendance on the court.' (7 C.J.S., Attorney and Client, 44b, p. 821.)