south dakota

bar admission administrative agency:
 
secretary
south dakota board of bar examiners
500 east capitol
state capitol
pierre, sd 57501
tel: 605/773-4898
website: http://www.state.sd.us/state/judicial
website: http://www.sdbar.org/


bar admission options:

without bar examination
1. legal services/public defender exception: a nonresident attorney, licensed to practice law in another u.s. jurisdiction, while actually employed and associated with a bar association-sponsored or government-funded legal aid bureau or public defender agency within south dakota, may be admitted without examination but must sit for the earliest bar examination after being admitted.
2. law professors/law school administrators: an attorney licensed to practice law in another u.s. jurisdiction, while actually employed by the university of south dakota law school as a full-time faculty member or full-time law school administrator, may be admitted without examination. this admission remains in effect until the applicant takes and passes the bar examination or terminates employment with the university.
3. eligibility by practice: an applicant may be eligible for admission without examination if the applicant:
(a) meets the requirements of sdcl16-16-2;
(b) furnishes satisfactory evidence of graduation from an american bar association accredited law school;
(c) provides documentary evidence showing that for the alst 5 years immediately preceding the application for admission without examination, the applicant, as principal occupation, has been actively, continuously, and lawfully engaged in the practice of law as:
(1) a sole practitioner;
(2) a member of a law firm, professional corporation or association;
(3) a judge of a court of record;
(4) an attorney for any local or state governmental entity;
(5) inside counsel for a corporation, agency, association or trust department; and/or
(6) an attorney with the federal government or a federal governmental agency including service as a member of the judge advocate general department of one of the military branches of the united states.

note: a proposed rule governing reciprocal applicants is currently being considered. under the proposal, a reciprocal applicant would be able to be admitted to practice in south dakota provided he or she could show to the satisfaction of the board of bar examiners that applicant:
(1) graduated from an american bar association accredited law school;
(2) has been admitted to practice law in the highest court of a reciprocal state and has continuously and substantially practiced law in such state for no less than five years immediately preceding the application for reciprocal admission;
(3) is a person of good moral character, has not been subject of public discipline or other serious disciplinary violations; and
(4) has otherwise met all the requirements of chapter 16-16 as it pertains to applicants for admission to the bar.
the reciprocal application for admission in south dakota would be available only to applicants from states that provide substantially similar reciprocity membership to lawyers licensed in south dakota. to the extent that a state has additional requirements for south dakota lawyers seeking admission on reciprocity, the board of bar examiners may impose substantially the same additional requirements for reciprocal applicants.

with bar examination: examination required for all other applicants.

examination components:
1. academic: mbe, mee, and two mptquestions. mbe scaled score of 130 or above is transferable within 25 months if the applicant has been admitted in the jurisdiction where the mbe was taken.
2. ethics: mpre scaled score of 75 is transferable from any jurisdiction if taken within 25 months.

examination dates:
february (deadline november 15)
july (deadline april 15)

applications with late fees accepted until december 15 for the february examination and until may 15 for the july examination.

application/admission fees: $300.00


other state bar requirements:

1. minimum age: 18

2. graduate of an aba-accredited law school.

3. prior to admission, applicant must be a resident of south dakota; or maintain an office in south dakota; or designate an agent for the service of process.

4. character check by the south dakota board of bar examiners.

5. required annual fees: $315.00


regulation of in-house counsel:

the south dakota rules of professional conduct’s unauthorized practice of law provisions do not prohibit lawyers from providing professional advice and instruction to nonlawyers whose employment requires knowledge of law; for example, claims adjusters, employees of financial or commercial institutions, social workers, accountants and persons employed in government agencies.

proposed rule on multijurisdictional practice

a lawyer admitted in another united states jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services in this jurisdiction that:
(1) are provided to the lawyer’s employer or its organizational affiliates and are not services for which the forum requires pro hac vice admission; or
(2) are services that the lawyer is authorized to provide by federal law or other law of this jurisdiction, provided that the lawyer obtains a south dakota sales tax license and tenders the applicable taxes pursuant to chapter 10-45.

bar association status:

[x] mandatory (see required annual fees above.)

[ ] voluntary


specialty certification:

the south dakota supreme court has designated the american bar association as the state's specialty certifying agency. attorneys may advertise such certifications without disclaimer. other attorneys may also advertise that they specialize, but must include a disclaimer.

areas of specialization include:

1. commercial bankruptcy
2. civil trial advocacy
3. consumer bankruptcy
4. creditors' rights
5. criminal trial advocacy
6. elder law
7. estate planning
8. professional liability (accounting; legal; medical)


a lawyer may communicate the fact that the lawyer does or does not practice in particular fields of law. if a lawyer practices only in certain fields, or will not accept matters except in such fields, the lawyer is permitted so to indicate. a lawyer shall not state or imply that the lawyer is a specialist except as follows:

(a) a lawyer admitted to engage in patent practice before the united states patent and trademark office may use the designation "patent attorney" or a substantially similar designation;

(b) a lawyer engaged in admiralty practice may use the designation "admiralty", "proctor in admiralty" or a substantially similar designation;

(c) if a lawyer or firm practices in only certain fields and desires to advertise such limitations in the yellow pages of the telephone directory any such advertising must be accompanied by the following disclaimer appearing in a prominent and conspicuous manner in such advertising or on the same page as the advertising:

(1) such certification is granted by an organization which has been approved by the appropriate regulatory authority to grant such certification; or

(2) such certification is granted by an organization that has not yet been approved by, or has been denied the approval available from the appropriate regulatory authority, and the absence or denial of approval is clearly stated in the communication, and in any advertising subject to rule 7.2, such statement appears in the same sentence that communicates the certification.