South Dakota

Differences from ABA Model Rules

Rule 1.2(c) Limited Scope Same as Model Rule
Rule 5.4(a) Fee-Sharing Significant Changes
Rules 5.4(b)-(d) Non-Lawyer OwnershipSame as Model Rule
Rule 5.5. Unauthorized Practice of LawSignificant Changes
Rule 5.7 Law Related ServicesSame as Model Rule
Rule 6.5 Limited ScopeSame as Model Rule
Rule 7.2(b) Lawyer Referral Significant Changes
Cloud Computing AdvisoryNo
Technology Competency Rules No

ABA Rule 1.2(c) (Limited Scope)

Same as Model Rule.

ABA Rule 5.4(a) (Fee-sharing)

Rule 5.4. Professional Independence of a Lawyer

    (a) A lawyer or law firm shall not share legal fees with a nonlawyer, except that:

            (1)      an agreement by a lawyer with the lawyer’s firm, partner, or associate may provide for the payment of money, over a reasonable period of time after the lawyer’s death, to the lawyer’s estate or to one or more specified persons;

            (2)      a lawyer who undertakes to complete unfinished legal business of a deceased lawyer may pay to the estate of the deceased lawyer that proportion of the total compensation which fairly represents the services rendered by the deceased lawyer;

            (3)      a lawyer who purchases the practice of a deceased, disabled, or disappeared lawyer may, pursuant to the provisions of Rule 1.17, pay to the estate or other representative of that lawyer an agreed upon purchase price;

            (4)      a lawyer or law firm may include nonlawyer employees in a compensation or retirement plan, even though the plan is based in whole or in part on a profit-sharing arrangement; and.

            (5)      a lawyer may share court-awarded legal fees with a nonprofit 501 (c)(3) or 501 (c)(6) organization that employed, retained or recommended employment of the lawyer in the matter.

ABA Rule 5.4(b – d) Non-lawyer ownership

Same as Model Rule.

ABA Rule 5.5 (UPL)

Rule 5.5. Unauthorized Practice of Law; Multi-jurisdictional Practice of Law

(c) A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services on a temporary basis in this jurisdiction that:

            (1)      Are undertaken in association with a lawyer who is admitted to practice in this jurisdiction and who actively participates in the matter;

            (2)      Are in or reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction, if the lawyer, or a person the lawyer is assisting, is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized;

            (3)      Are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in this or another jurisdiction, if the services arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice and are not services for which the forum requires pro hac vice admission; or

            (4)      Are not within paragraphs (c)(2) or (c)(3) and arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice, and

            (5)      In all cases, the lawyer obtains a South Dakota sales tax license and tenders the applicable taxes pursuant to chapter 10-45.

(d) A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction or the equivalent thereof, or a person otherwise lawfully practicing as an in-house counsel under the laws of a foreign jurisdiction, may provide legal services through an office or other systematic and continuous presence in this jurisdiction that:

            (1)      Are provided to the lawyer’s employer or its organizational affiliates, are not services for which the forum requires pro hac vice admission, and when performed by a foreign lawyer and requires advice on the law of this or another U.S. jurisdiction or of the United States, such advice shall be based upon the advice of a lawyer who is duly licensed and authorized by the jurisdiction to provide such advice; or

            (2)      Are services that the lawyer is authorized to provide by federal law or other law or rule to provide in this jurisdiction, provided that the lawyer obtains a South Dakota sales tax license and tenders the applicable taxes pursuant to chapter 10-45.

Modified By:

In re Giese, 709 N.W.2d 717 (N.D. 2006) (suspended lawyer engaged in unauthorized practice by holding himself out as being authorized to practice)

ABA Rule 5.7 (Law Related Services)

Same as Model Rule.

ABA Rule 6.5 (Court annexed/Non-profit limited scope)

Same as Model Rule.

ABA Rule 7.2(b) (Lawyer referral)

Rule 7.2. Advertising

(d) Prohibited Payments. Except as provided in Rule 1.17 and except as provided in subparagraph (c)(13) of Rule 7.1, a lawyer shall not give anything of value to a person for recommending the lawyer’s services, except that a lawyer may:

            (1)      Pay the reasonable costs of advertisements or communications permitted by this Rule and for-profit legal service organization;

            (2)      Pay the usual charges of a not-for-profit 501(c)(3) or 501(c)(6) qualified lawyer referral service. A qualified lawyer referral service is a lawyer referral service that has been approved by an appropriate regulatory authority;

            (3)      Pay for a law practice in accordance with Rule 1.17; and

            (4)      Refer clients to another lawyer or a nonlawyer professional pursuant to an agreement not otherwise prohibited under these Rules that provides for the other person to refer clients or customers to the lawyer, if

            (i)      The reciprocal referral agreement is not exclusive, and

            (ii)      The client is informed of the existence and nature of the agreement.

Cloud Computing

No opinions available.

Technology Competency    

Does not require.