Skip to main content
Scott R. Swier

Scott R. Swier

Practice areas:

Litigation, Lawsuits & Disputes, Estate Planning, Business, Divorce & Separation

About Me

Scott Swier is the Founder and Managing Member of Swier Law Firm. He also leads the law firm's Business Litigation Practice Group and Education Law Practice Group.   


Scott is a recognized authority in state and federal legal matters. While serving in private legal practice and as Assistant Attorney General for the State of South Dakota, he has represented individuals, businesses, and government entities before state and federal trial courts, state and federal appellate courts, and state and federal regulatory agencies.


As Assistant Attorney General, Scott served as counsel for the State of South Dakota in many high-profile cases and his clients included Governor Michael Rounds, the Attorney General's Office, the Secretary of State's Office, and the Department of Education, Department of Revenue and Regulation, Department of the Environment and Natural Resources, and South Dakota Commission on Gaming. Scott is also well-versed in the South Dakota legislative process, having coordinated legislative initiatives on behalf of the Attorney General's Office.


Scott is a highly sought-after author and speaker on legal and legislative topics for state agencies, constitutional offices, and professional organizations, including the South Dakota State Medical Association, the South Dakota Pharmacists Association, the South Dakota Association of County Commissioners, the South Dakota Association of County Officials, theSouth Dakota Municipal League, the South Dakota State's Attorney's Association, theAssociated School Boards of South Dakota, and the School Administrators of South Dakota.


Scott is an adjunct professor at the University of South Dakota School of Law where he teaches the popular "Education and the Law" course. He is also the author of numerous legal publications, including Estate Planning in South Dakota and the School Administrators of South Dakota's monthly newsletter - South Dakota School Law NotesIn January 2015, Scott was featured on the cover of Sioux Falls BizNOW Magazine.


Scott attained his Bachelor of Arts degree, magna cum laude, from Mount Marty College in Yankton. He attained his Juris Doctor from the University of South Dakota School of Law where he served on the Board of Editors for the South Dakota Law Review.

More 

Practice Areas

Licensed since 1998

  1. Litigation: 40%
  2. Lawsuits & Disputes: 25%
  3. Estate Planning: 20%
  4. Business: 10%
  5. Divorce & Separation: 5%

Payment

Payment Types:

Cash, Check

Attorney Endorsements

No endorsements

Endorsements from fellow lawyers are an important consideration for many when selecting the right attorney. Be the first to endorse your colleague!

Endorse this lawyer

Contact Info

Swier Law Firm, Prof. LLC

202 N. Main Street
Avon, SD, 57315

Swier Law Firm, Prof. LLC

5024 South Bur Oak Place
Suite 214
Sioux Falls, SD, 57108

Swier Law Firm, Prof. LLC

142 E. Third Street
Winner, SD, 57580

Swier Law Firm, Prof. LLC

240 E. Main Street
Corsica, SD, 57328

More 

Resume

License

StateStatusAcquiredUpdated
SDAuthorized to practice law199811/30/2012
NESuspended200108/24/2015

Professional Misconduct

We have not found any instances of professional misconduct for this lawyer.

Avvo Contributions

Legal Answers

Awards

Award NameGrantorDate Granted
Ten Outstanding Young South DakotansSouth Dakota Jaycees2005
South Dakota Young Lawyer of the YearSouth Dakota Bar Association2002
Outstanding Young Alumni AwardMount Marty College1998

Work Experience

TitleCompany NameDuration
Founder and Managing MemberSwier Law Firm, Prof. LLC2009 - Present
Assistant Attorney General/Director of Legislative AffairsSouth Dakota Attorney General's Office2008 - 2010
AttorneyPrivate Practice1998 - 2008
Law ClerkSouth Dakota - Seventh Judicial Circuit1997 - 1998

Associations

Association NamePosition NameDuration
Mount Marty College Board of TrusteesMember2011 - Present
University of South Dakota School of LawAdjunct Professor2010 - Present
South Dakota Attorney General's Open Government Task ForceMember2007 - 2008
South Dakota Trial AcademyGraduate2005 - 2005
South Dakota Voices for ChildrenChairperson2005 - 2007
Mount Marty CollegeAdjunct Professor2003 - 2004
Nebraska State Bar AssociationMember2001 - Present
South Dakota State Bar AssociationMember1998 - Present
South Dakota Law ReviewBoard of Editors1996 - 1997

Legal Cases

Case NameOutcome
Diana Hicks v. Gayville-Volin School District, 668 N.W.2d 69 (SD 2003)Affirmed on Appeal
Burley v. Kytec Innovative Sports Equipment, Inc., 737 N.W.2d 397 (SD 2007)Reversed on Appeal
McDowell v. Citicorp U.S.A., et al., 734 N.W.2d 14 (SD 2007)Affirmed on Appeal

See all Legal Cases 

Publications

Publication NameTitleDate
South Dakota School Law NotesEditor In Chief2015
BookEstate Planning in South Dakota2014
South Dakota Law ReviewThe South Dakota Public Dispute Resolution Procedure and Public Records Act: A Fundamental Change in South Dakota Law2010
South Dakota Law ReviewDaubert, Kumho, and Its Impact on South Dakota Jurisprudence (with Honorable Janine M. Kern)2004
South Dakota Trial Lawyers BarristerThe Admissibility of Expert Testimony in South Dakota After Daubert, Kumho, Hofer, and Guthrie2004
North Dakota Trial Association PleaderDaubert, Kumho and the South Dakota Supreme Court's Most Recent Rulings Regarding "Reliability" and "Relevancy"2001
Newsletter of the South Dakota Defense Lawyers AssociationUnited States Supreme Court Extends Daubert Ruling in Kumho Tire Co. v. Carmichael1999
South Dakota Law ReviewDaubert v. Merrell Dow Pharmaceuticals, Inc.: "Gatekeeping" or Industry "Safekeeping"? (with Honorable Janine M. Kern)1998
South Dakota Law ReviewThe Employee/Independent Contractor Dichotomy in South Dakota for Unemployment and Workers' Compensation Purposes: An Examination and Suggested Analytical Framework1998
South Dakota Law ReviewThe Tenuous Tale of the Terrible Termites: The Federal Arbitration Act and the Court's Decision to Interpret Section Two in the Broadest Possible Manner: Allied-Bruce Terminix Companies, Inc. v. Dobson1996

Education

School NameMajorDegreeGraduated
University of South Dakota School of LawLawJD - Juris Doctor1997
Mount Marty CollegeInterdisciplinary Social ScienceBA - Bachelor of Arts1994

Speaking Engagements

Conference NameTitleDate
School Administrators of South Dakota - Spring Legal Conference9 Fundamentals of Search & Seizure Law for South Dakota School Administrators2015
School Administrators of South Dakota - Spring Legal ConferenceStudent Due Process in South Dakota2015
School Administrators of South Dakota - Spring Legal ConferenceStudent Privacy and Online Accounts2015
School Administrators of South Dakota - Spring Legal ConferenceTexting, Sexting, Cyber Bullying and Other Liability Issues Facing South Dakota's Schools in Today's Technological Landscape2015
Swier Law Firm - 2014 Estate Planning SeminarEstate Planning Basics in South Dakota2014
Aspiring or Perspiring - South Dakota Superintendents' ConferenceLegal Issues for South Dakota's School Superintendents2013
South Dakota State Bar Association - Wind Energy in South DakotaWind Energy in South Dakota - Land Owner Associations2010
Associated School Boards of South Dakota/School Administrators of South Dakota Annual ConventionA Whole New World for Public Records in South Dakota2010
South Dakota State's Attorney's Association Spring Conference2009 Legislative Update2009
South Dakota State Pharmacists' Association Annual MeetingPrescription Drug Monitoring in South Dakota – A Primer2009
South Dakota State Medical Association - Council of Physicians' MeetingPrescription Drug Monitoring in South Dakota – A Primer 2009.2009
South Dakota Municipal League Spring WorkshopSouth Dakota Open Records Law2009
South Dakota Municipal League - Elected Officials WorkshopOpen Meetings, Executive Session & Open Records2009
South Dakota Association of County Commissioners and County Officials Annual ConventionThe South Dakota Public Records Act2009
City of Rapid City and Pennington County Summer SeminarA Whole New World for Public Records in South Dakota2009
Associated School Boards of South Dakota/School Administrators of South Dakota Annual ConventionThe Presumption of Openness: What it Means for South Dakota’s School Districts2009
South Dakota Sheriff's Association Annual ConventionPublic Records – Dispute Resolution Procedure2008
South Dakota Municipal League Annual MeetingPublic Records – Dispute Resolution Procedure2008
MADD National ConferenceInnovations In Drunk Driving Enforcement2008
National Business Institute SeminarFind it Fast and Free on the Internet: Advanced Internet Strategies for South Dakota Legal Professionals2005
DAKOTAFESTWind Energy in South Dakota2002
Mid-West Electric Consumers Association Annual ConferenceWind Energy Legal Issues2001
South Dakota Defense Lawyers Association Fall SeminarDaubert, Kumho, and the South Dakota Supreme Court’s Most Recent Rulings Regarding “Reliability” & “Relevancy”2000
South Dakota Trial Lawyers Association Excellence in Advocacy SeminarThe Daubert Opinion & Expert Testimony Admissibility (with Honorable Janine M. Kern)1997