South Dakota UPL Statute Summary
South Dakota has a specific statute prohibiting the unauthorized practice of law, SD. Stat. § 16-16-1. However, it provides only for a narrow definition of UPL. To violate the act, one must pose as an attorney of record in court. Holding a notario to the penalties provided by this statute may prove difficult. South Dakota also does not provide for a private cause of action.
SD. Stat. §16-16-1. License from Supreme Court required to practice law
“License from Supreme Court required to practice law--Active membership in state bar--Violation as misdemeanor. No person, except as provided in § 16-18-2, may practice as an attorney and counselor at law in any court of record within this state, either by using or subscribing his or her own name or the name of any other person, without having previously obtained a license for that purpose from the Supreme Court of this state and having become an active member in good standing of the State Bar of South Dakota. A violation of this section is a Class 1 misdemeanor.
Source: SDC 1939 & Supp 1960, §§ 13.1255, 32.1101; SDCL, § 16-18-30, SL 1979, ch 150, § 14; SL 2001, ch 102, § 1.
Enforcement Mechanisms/Complaint Processes for UPL
An agent for the South Dakota Bar Association said they could sue under their state’s statute as well as seek injunctive relief. However there is not a specific mechanism to initiate this process besides contacting the bar association directly. Instructions to file are found here.
Consumers may file a complaint with the Attorney General using this form.
Reporting Ineffective Assistance of Counsel
To report ineffective assistance of counsel in South Dakota, use the State Bar of South Dakota’s information page available here.
Contact Information for Relevant Agencies
For UPL Complaints:
Disciplinary BoardThe State Bar of South Dakota
222 E. Capitol
Pierre, SD 57501
Tel: (605) 224-7554
Fax: (605) 224-0282
Attorney General’s Consumer Complaint Dept.:
Office of Attorney General
Division of Consumer Protection
1302 E Hwy 14, Suite 3
Pierre, SD 57501-8053
Tel: (605) 773-4400
Tel: 1-800-300-1986 (In-state)
Fax: (605) 773-7163
Email: consumerhelp@state.sd.us
Notary Administration:
Notary Administrator
State Capitol
500 East Capitol Avenue
Pierre, SD 57501
Tel: (605) 773-3537
Email: Notary@state.sd.us
Becoming a Notary Public
To be eligible to be a notary public, one must;
- Be at least 18 years old
- A U.S. citizen or lawful permanent resident
- Not have been convicted of a felony
- Reside or be employed in South Dakota or a bordering county from a reciprocating state, not be a felon
- Pay a $30 fee along with the application.
Engaging in notarial duties without a commission is a class 1 misdemeanor. SD. Stat. §18-1-12. 1.
The method to become a notary can be found here. Please refer to the Notary Application Process Checklist, which will help to ensure a complete application and timely approval.
Search for licensed notaries here.
