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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 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. In January 2015, Scott was featured on the cover ofSioux Falls BizNOW Magazine.

Scott received his Bachelor of Arts degree, magna cum laude, from Mount Marty College in Yankton. He received 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


  1. Education: 35%
    Less than 1 year
  2. Lawsuits & Disputes: 25%
    Less than 1 year
  3. Litigation: 25%
    Less than 1 year
  4. Estate Planning: 10%
    Less than 1 year
  5. Divorce: 5%
    Less than 1 year


Payment types:

Cash, Check

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Contact info

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



SDAuthorized to practice law199811/30/2012
We have not found any instances of professional misconduct for this lawyer.
Avvo contributions
Legal answers
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. LLC2010 - Present
Assistant Attorney General/Director of Legislative AffairsSouth Dakota Attorney General's Office2008 - 2010
AttorneyPrivate Practice1998 - 2008
Law ClerkSouth Dakota - Seventh Judicial Circuit1997 - 1998
Association namePosition nameDuration
University of South Dakota School of LawAdjunct Professor2010 - Present
South Dakota State Bar AssociationMember1998 - Present
Mount Marty College Board of TrusteesMember2011 - 2015
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 - 2015
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 
Publication nameTitleDate
South Dakota School Law NotesEditor2016
BookThe South Dakota School Law Deskbook2016
BookEstate Planning for Farmers and Ranchers in South Dakota2015
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
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 - Summer ConferenceResponding to a Crisis for School Administrators2016
School Administrators of South Dakota - Summer Conference10 Tips for School Superintendents in South Dakota2016
School Administrators of South Dakota - Spring Legal Seminar5 Fundamentals of South Dakota's Open Meetings Law2016
School Administrators of South Dakota - Spring Legal SeminarChild Custody Law for School Administrators2016
School Administrators of South Dakota - Spring Legal SeminarSocial Media and School Employees2016
School Administrators of South Dakota - Spring Legal SeminarResponding to a Subpoena2016
Associated School Boards of South Dakota/School Administrators of South Dakota - Joint ConventionSocial Media & Free Speech for School Employees2016
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