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Scott R. Swier
About Scott
Biography
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 the Governor's Office, the Attorney General's Office, the Secretary of State's Office, the Department of Education, the Department of Revenue and Regulation, the Department of the Environment and Natural Resources, and the 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, the Associated 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 on the topics of estate planning, automobile and motorcycle accidents, school law, scientific evidence, and business law. Scott's book, The South Dakota School Law Deskbook, is considered the premier resource for every school administrator, school board member, and school attorney in the state. In January 2015, Scott was featured on the cover of Sioux Falls BizNOW Magazine.
Scott earned his Bachelor of Arts degree, magna cum laude, from Mount Marty College in Yankton. He earned his Juris Doctor from the University of South Dakota School of Lawwhere he served on the Board of Editors for the South Dakota Law Review.
Practice Areas
4
Practice Areas
Fees and Rates
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Chat withLicenses
Licensed in Nebraska for 24 years
State: Nebraska
Acquired: 2001
Licensed in South Dakota for 28 years
State: South Dakota
Acquired: 1998
Lawyer disciplined by state licensing authority in 2020
Location
Swier Law Firm, Prof. LLC
202 N. Main Street, Avon, SD, 57315
Swier Law Firm, Prof. LLC
2121 W. 63rd Place, Suite 200, 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
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Scott R. Swier's Reviews
Showing 1 - 5 of 12 client reviews from Avvo
Posted by Beth | February 20, 2020 | Hired Attorney
This review is from a person who hired this attorney.
Great Lawyer and Person
Scott is an amazing attorney. After I lost my husband he helped me with a lot of life changes. His caring and compassion was more than I ever expected. I can’t thank him enough for everything he did tie me.
Posted by Joshua | November 21, 2019 | Consulted Attorney
This review is from a potential client who consulted with this attorney.
Student of DWU
I sat through 3 days of lecture I’ve by Mr Swier and was in awe the entire time. I loved his passion for what he does and his knowledge of his practice. I learned so much. Thank you Mr Swier for taking time out of your busy schedule and spending it with we Wesleyan students.
Scott Swier
Replied last November 22, 2019Thank you for your great review and kind words, Joshua! It was a pleasure to visit with you and your class - I'm excited to see all the success your hard work brings you. Please don't hesitate to reach out to me if you need help. Scott
Posted by Brian | May 30, 2019 | Hired Attorney
This review is from a person who hired this attorney.
Outstanding Attorney
Scott Swier took the time to listen to my personal situation and needs and then explained the law and how it applied to my last will, living will and dynasty trust. He then rendered sound legal advice at a very reasonable rate, answered all of my follow on questions promptly and with ease, produced t...
Posted by Sue | March 4, 2019 | Hired Attorney
This review is from a person who hired this attorney.
Initial Meeting
Mr. Swier was very helpful and gracious answering our questions and addressing our concerns. He reassured us that he would be able to help us with our case and gave us relief from the pressure of the situation.
Scott Swier
Replied last March 5, 2019Thank you for your 5 star review, Sue. It really was a pleasure to visit with you and I look forward to working with you. Have a great day, Scott.
Posted by Tracey | June 19, 2017 | Hired Attorney
This review is from a person who hired this attorney.
Title IV issue
Scott was very good about getting back to us and easing our worries. He told us that he would take care of the situation and he came through. Thanks for everything!
Scott R. Swier's Lawyer Endorsements
"Scott Swier is not only an experienced and knowledgeable estate planning attorney, he is a generous and caring person who goes out of his way to help others."
"Scott is an incredible asset to the legal community. His clients are well served by his experience and extensive knowledge."
"With Scott's years of experience and knowledge of South Dakota law, each client is given first rate legal advise. Scott connects with his clients, is a great leader of his firm, and surrounds himself with like-minded people. He is truly one-of-a-kind."
"Scott is an incredible attorney with years of experience and a wealth of information. He is a great leader, always willing to explain legal issues, and is very approachable. I definitely recommend Scott!"
"Scott is an incredible person, attorney, and mentor. He is kind, genuine, very knowledgeable and always willing to listen to a new idea. He loves to connect with his clients and always works for their best interest."
"I have know Scott and his office staff for several years and I am deeply impressed. In 37 years of law practice I have met all types of attorneys from the worst to the best. Scott and his office rank at the very top. His knowledge of the law, his passionate representation for clients and community, and his supportive and embracing office support are a marvel to behold."
"Scott Swier is a tremendously entrepreneurial, smart lawyer. He has become the "go to"guy in several practice areas and of course, wrote the book on education law that is used all over the state. Importantly, Scott has built a team of really good lawyers who now serve the public in a number of different practice areas. Reach out to him. You won't be disappointed."
"Scott is an excellent attorney who really cares about his clients. His passion to serve his clients and his community is evident in everything he does. I am proud to endorse him and urge anyone seeking a great attorney to reach out to him."
"Scott is an excellent leader and lawyer. I heard Scott speak at a practice development seminar. And it was truly inspiring to see what Scott has done in such a little time. Not only for himself and his family, but for his clients. I endorse this lawyer."
"Scott is very professional and takes his clients' interests very seriously."
"Scott keeps his client's best interests in mind at all times. He is very knowledgeable about the law."
Colleen Scrocca
Estate planning lawyer
Dennis Schuster
Family lawyer
Francine Love
Business lawyer
Jacob Fischer
Agriculture lawyer
Brooke Swier Schloss
Family lawyer
Michael Henderson
Appeals lawyer
Experience
Professional misconduct
This lawyer was disciplined by a state licensing authority in 2020.
Suspension issued in SD, 2020
updated on 05/05/2023Suspension means an attorney lost his or her license to practice law for a period of time. The attorney typically returns to practicing law when the suspension expires.
Honors
2005
Ten Outstanding Young South Dakotans, South Dakota Jaycees
2002
South Dakota Young Lawyer of the Year, South Dakota Bar Association
1998
Outstanding Young Alumni Award, Mount Marty College
Work Experience
2010 - Present
Founder and Managing Member, Swier Law Firm, Prof. LLC
2008 - 2010
Assistant Attorney General/Director of Legislative Affairs, South Dakota Attorney General's Office
1998 - 2008
Attorney, Private Practice
1997 - 1998
Law Clerk, South Dakota - Seventh Judicial Circuit
Associations
2018 - Present
Dakota Wesleyan University Board of TrusteeTrustee
2010 - Present
University of South Dakota School of LawAdjunct Professor
1998 - Present
South Dakota State Bar AssociationMember
2011 - 2015
Mount Marty College Board of TrusteesMember
2007 - 2008
South Dakota Attorney General's Open Government Task ForceMember
2005 - 2005
South Dakota Trial AcademyGraduate
2005 - 2007
South Dakota Voices for ChildrenChairperson
2003 - 2004
Mount Marty CollegeAdjunct Professor
2001 - 2015
Nebraska State Bar AssociationMember
1996 - 1997
South Dakota Law ReviewBoard of Editors
Sample of Legal Cases
O'Neill v. O'Neill, 876 N.W.2d 486 (SD 2016)
Reversed in Part
Rush v. Rush, 866 N.W.2d 556 (SD 2015)
Reversed
Qwest Communications Corporation v. Free Conferencing Corporation, 2014 WL 5782543
Judgment for Free Conferencing Corporation
State of South Dakota v. Klaudt, 772 N.W.2d 117 (SD 2009)
Affirmed on Appeal
Flandreau Santee Sioux Tribe v. State of South Dakota; Governor Michael Rounds; Attorney General Larry Long (D.S.D. 2009)
State's Motion for Judgment on the Pleadings Granted in Part and Denied in Part
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
EMCASCO Insurance Company v. Diedrich, 394 F.3d 1091 (8th Cir. 2005)
Affirmed on Appeal
Diana Hicks v. Gayville-Volin School District, 668 N.W.2d 69 (SD 2003)
Affirmed on Appeal
Education
1997
University of South Dakota School of Law
JD - Juris Doctor
1994
Mount Marty College
BA - Bachelor of Arts
Speaking Engagements
2016
South Dakota Association of School Business Officials
The Changes to FLSA's Overtime Rules and Its Impact in South Dakota Schools
2016
School Administrators of South Dakota Webinar
From Facebook Postings to National Anthem Protests - A First Amendment Guide for South Dakota's School Administrators
2016
School Administrators of South Dakota Webinar
Open Enrollment & Special Education Students - A Guide for South Dakota's School Administrators
2016
School Administrators of South Dakota - Summer Conference
Responding to a Crisis for School Administrators
2016
School Administrators of South Dakota - Summer Conference
10 Tips for School Superintendents in South Dakota
2016
School Administrators of South Dakota - Spring Legal Seminar
5 Fundamentals of South Dakota's Open Meetings Law
2016
School Administrators of South Dakota - Spring Legal Seminar
Child Custody Law for School Administrators
2016
School Administrators of South Dakota - Spring Legal Seminar
Social Media and School Employees
2016
School Administrators of South Dakota - Spring Legal Seminar
Responding to a Subpoena
2016
Associated School Boards of South Dakota/School Administrators of South Dakota - Joint Convention
Social Media & Free Speech for School Employees
2015
School Administrators of South Dakota - Spring Legal Conference
9 Fundamentals of Search & Seizure Law for South Dakota School Administrators
2015
School Administrators of South Dakota - Spring Legal Conference
Student Due Process in South Dakota
2015
School Administrators of South Dakota - Spring Legal Conference
Student Privacy and Online Accounts
2015
School Administrators of South Dakota - Spring Legal Conference
Texting, Sexting, Cyber Bullying and Other Liability Issues Facing South Dakota's Schools in Today's Technological Landscape
2014
Swier Law Firm - 2014 Estate Planning Seminar
Estate Planning Basics in South Dakota
2013
Aspiring or Perspiring - South Dakota Superintendents' Conference
Legal Issues for South Dakota's School Superintendents
2010
South Dakota State Bar Association - Wind Energy in South Dakota
Wind Energy in South Dakota - Land Owner Associations
2010
Associated School Boards of South Dakota/School Administrators of South Dakota Annual Convention
A Whole New World for Public Records in South Dakota
2009
South Dakota State's Attorney's Association Spring Conference
2009 Legislative Update
2009
South Dakota State Pharmacists' Association Annual Meeting
Prescription Drug Monitoring in South Dakota – A Primer
2009
South Dakota State Medical Association - Council of Physicians' Meeting
Prescription Drug Monitoring in South Dakota – A Primer 2009.
2009
South Dakota Municipal League Spring Workshop
South Dakota Open Records Law
2009
South Dakota Municipal League - Elected Officials Workshop
Open Meetings, Executive Session & Open Records
2009
South Dakota Association of County Commissioners and County Officials Annual Convention
The South Dakota Public Records Act
2009
City of Rapid City and Pennington County Summer Seminar
A Whole New World for Public Records in South Dakota
2009
Associated School Boards of South Dakota/School Administrators of South Dakota Annual Convention
The Presumption of Openness: What it Means for South Dakota’s School Districts
2008
South Dakota Sheriff's Association Annual Convention
Public Records – Dispute Resolution Procedure
2008
South Dakota Municipal League Annual Meeting
Public Records – Dispute Resolution Procedure
2008
MADD National Conference
Innovations In Drunk Driving Enforcement
2005
National Business Institute Seminar
Find it Fast and Free on the Internet: Advanced Internet Strategies for South Dakota Legal Professionals
2002
DAKOTAFEST
Wind Energy in South Dakota
2001
Mid-West Electric Consumers Association Annual Conference
Wind Energy Legal Issues
2000
South Dakota Defense Lawyers Association Fall Seminar
Daubert, Kumho, and the South Dakota Supreme Court’s Most Recent Rulings Regarding “Reliability” & “Relevancy”
1997
South Dakota Trial Lawyers Association Excellence in Advocacy Seminar
The Daubert Opinion & Expert Testimony Admissibility (with Honorable Janine M. Kern)
Publications
2018
Magazine
Prairie Planning Magazine-Volume IV
2018
Magazine
Prairie Planning Magazine-Volume III
2017
2017
Magazine
Prairie Planning Magazine-Volume II
2017
Magazine
Prairie Planning Magazine-Volume I
2016
2016
South Dakota School Law Notes
Editor
2016
2014
2010
South Dakota Law Review
The South Dakota Public Dispute Resolution Procedure and Public Records Act: A Fundamental Change in South Dakota Law
2004
South Dakota Law Review
Daubert, Kumho, and Its Impact on South Dakota Jurisprudence (with Honorable Janine M. Kern)
2004
South Dakota Trial Lawyers Barrister
The Admissibility of Expert Testimony in South Dakota After Daubert, Kumho, Hofer, and Guthrie
2001
North Dakota Trial Association Pleader
Daubert, Kumho and the South Dakota Supreme Court's Most Recent Rulings Regarding "Reliability" and "Relevancy"
1999
Newsletter of the South Dakota Defense Lawyers Association
United States Supreme Court Extends Daubert Ruling in Kumho Tire Co. v. Carmichael
1998
South Dakota Law Review
The Employee/Independent Contractor Dichotomy in South Dakota for Unemployment and Workers' Compensation Purposes: An Examination and Suggested Analytical Framework
1998
South Dakota Law Review
Daubert v. Merrell Dow Pharmaceuticals, Inc.: "Gatekeeping" or Industry "Safekeeping"? (with Honorable Janine M. Kern)
1996
South Dakota Law Review
The 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. Dobson
Languages
English