Lawyers in South Dakota

Finding a lawyer in South Dakota

Sioux Falls and Rapid City hold most of South Dakota's law firms, with smaller legal communities in Pierre, the state capital, and in Aberdeen, Watertown, Brookings and Mitchell. Across the rest of the state, distances are long and lawyers are few, so many attorneys are general practitioners who cover several counties. Because a large part of South Dakota lies within tribal lands, questions of tribal, state and federal jurisdiction come up more often here than in most states.

This directory lists South Dakota law firms by city and by practice area. Pick a city to see who practices near you, or begin with your type of problem. Every firm's page carries its contact details for a direct call or email.

When you need a lawyer (and when you may not)

Contact a South Dakota attorney early if you have been arrested or charged, if you were hurt in a crash, at work or on someone else's land, if you are being sued, or if a divorce involves children, a home, a farm or a ranch. Agricultural contracts, land and water disputes and family-business succession often need a lawyer as well. Deadlines are set by state law and some are short.

You may not need a lawyer for a small money dispute, which the small claims procedure before a magistrate is designed to handle without attorneys, or for a routine traffic ticket or simple form. Many South Dakota lawyers offer a free or low-cost first meeting, and that is the simplest way to find out whether you can handle the matter yourself.

Common practice areas in South Dakota

• Car Accident and Personal Injury — collision claims on long rural highways and in winter weather, farm and workplace accidents, and other negligence cases.
• Family & Divorce — divorce, custody, child support and property division in the Circuit Court.
• Criminal Defense — felonies and misdemeanors in the Circuit Court, with lesser matters before magistrate judges.
• DUI & DWI — South Dakota uses the term DUI; a charge brings a criminal case and a separate license matter with the Department of Public Safety.
• Estate Planning & Probate — wills, trusts and estate administration through the Circuit Court.
• Real Estate — purchases, sales, farmland and ranch transactions, easements and landlord-tenant disputes.
• Workers' Compensation — on-the-job injury claims through the Department of Labor and Regulation.
• Employment — wrongful termination, discrimination and wage claims under state and federal law.
• Immigration, Bankruptcy and Social Security Disability — federal matters with their own courts and appeals.
• Business — formation, contracts and disputes.

How to check a lawyer's license in South Dakota

Every lawyer practicing in South Dakota must be a member of the State Bar of South Dakota, a mandatory bar operating under the South Dakota Supreme Court. The Bar's online member directory shows whether an attorney is active and in good standing, the year of admission and whether public discipline is on record.

Confirm the status is active, that the name and office match the person you are dealing with, and that any disciplinary history has been explained. Complaints about a lawyer's conduct are handled by the Disciplinary Board of the State Bar, with final decisions by the Supreme Court.

How to choose a law firm

Look for a firm whose regular work matches your case and your part of the state. A lawyer who appears before the circuit judges in your county every month knows the local practice; a Sioux Falls firm that rarely travels west of the Missouri River may not. If your matter touches tribal land, ask about the lawyer's experience with jurisdiction questions, and ask who will do the work.

Discuss fees at the first meeting. For injury and workers' compensation claims the usual arrangement is a contingency fee, so nothing is owed unless money is recovered. For divorce, criminal, estate and business matters expect hourly or flat-fee billing, often with money paid up front. Get the fee agreement in writing and ask which expenses are billed separately.

Questions to ask at the first consultation

• How many cases like mine have you handled in this circuit recently?
• Will you personally handle my case, or will an associate or paralegal do most of the work?
• What are my strongest and weakest points as you see them today?
• Can you put the fee arrangement in writing before I decide?
• What should I do, or stop doing, in the next few weeks?
• Will I get copies of what is filed and received?
• Are you an active member of the State Bar of South Dakota in good standing?

Free and low-cost legal help

East River Legal Services serves residents with limited income in the eastern part of the state, and Dakota Plains Legal Services covers the western counties and the reservations, both handling housing, family, benefits and consumer matters. The State Bar of South Dakota runs a lawyer referral service. The University of South Dakota's law school in Vermillion operates clinics where supervised students represent clients. Anyone charged with a crime who cannot afford a lawyer has the right to court-appointed counsel.

This page is general information, not legal advice. Laws change and every case is different — talk to a licensed South Dakota attorney about your situation.