South Dakota

Rule 5.5 MJP/UPL Current

(a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.

(b) A lawyer who is not admitted to practice in this jurisdiction shall not:

(1) except as authorized by these Rules or other law, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law; or

(2) hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction.

(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, 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.

Rule 5.5 and Comments

In-House Counsel Rule

South Dakota does not have an in-house counsel rule other than Rule 5.5(d).

Pro Hac Vice

South Dakota Code Section 16-18-2 provides for Pro Hac Vice to eligible attorneys who file a written sworn motion requesting admission to the court that the attorney is seeking admission, a fee of $200, and associate a resident practicing memeber of the State Bar of South Dakota who is actually employed and personally participates with the applicant in the matter for which admission is sought.

Admission on Motion

South Dakota Codified Laws 16-16-12.1 allows admission without examination pursuant to the requirements in 16-16-6.2. The applicant must submit, among other things required by the rule, a criminal background check, a certified copy of the application for admission to the bar in each jurisdiction in which the applicant has previously been admitted to practice law, a report of the National Conference of Bar Examiners as to the applicant’s character, a copy of the rule in the state in which the applicant has been practicing law which allows South Dakota attorneys substantially similar admission without examination. To the extent that the state has additional requirements for South Dakota lawyers seeking admission without examination, the board of bar examiners may impose the same additional requirements for applicants seeking admission in South Dakota without examination. Per 16-16-3, the applicant must pay $450 and the fee for the National Conference of Bar Examiners to prepare an intitial or supplemental character report.

Contact

State Bar of South Dakota
222 E. Capital Avenue
Pierre, SD 57501
Phone (605) 224-7554
(800) 952-2333
Disciplinary Board
c/o State Bar of South Dakota
222 East Capitol Avenue
Pierre, SD 57501

South Dakota Supreme Court
500 East Capitol Avenue
Piere, South Dakota 57501
Phone (605) 773-3511
Fax (605) 773-6128
Supreme Court Clerks Contact