How to sue your lawyer in South Dakota.

SDCL 15-2-14.2 governs. It says an action against a licensed attorney for malpractice, error, mistake, or omission, whether based upon contract or tort, can be commenced only within three years after the malpractice, error, mistake, or omission occurred. In South Dakota, a legal malpractice lawsuit must be filed within 3 years after the lawyer's error occurred, whether the claim is based on contract or tort.

The occurrence rule

The South Dakota Supreme Court has consistently held that SDCL 15-2-14.2 is an "occurrence rule" rather than a discovery rule or date-of-damage rule. In Keegan v. First Bank of Sioux Falls (1994), the court explained that, absent the lawyer's fraudulent concealment, the limitations period begins at the time of the alleged negligence, not when the negligence is discovered or the consequences are felt. That is one of the strictest rules in the country, and it is why South Dakotans who suspect a problem should not wait.

Here is how that plays out. If a lawyer drafted a faulty contract or will in June 2023, the three years generally ran out in June 2026, even if the defect only surfaced in 2027 when someone tried to enforce the document. Unless the lawyer actively concealed the error, or kept working on the same matter in a way that triggers continuous representation, a claim filed after that date is likely barred. The fact that you had no idea anything was wrong does not, by itself, save the claim under South Dakota law. That is also why it pays to have a second lawyer review important documents early rather than after a problem appears.

Continuous representation

South Dakota does recognize continuous representation, first borrowed from the medical continuing-treatment rule in Schoenrock v. Tappe (1988). Under Keegan, the doctrine applies when there are clear indicia of an ongoing, continuous, developing, and dependent relationship, and the lawyer's later work is for the same or related services, not just a general relationship. Under Keegan v. First Bank of Sioux Falls, continuous representation can toll South Dakota's 3-year malpractice deadline only if the continuing representation occurs within the 3-year period. Compare this with other states on our statute of limitations page.

South Dakota treats legal malpractice as negligence. In Hamilton v. Sommers (2014), the Supreme Court restated that a negligence plaintiff must prove duty, breach of that duty, proximate and factual causation, and actual injury. In a litigation case, causation usually means the case within a case. Losing is not malpractice by itself; read what is not legal malpractice.

Experts and the standard of care

South Dakota does not require a certificate of merit to file. In practice, you will need an expert witness to explain the standard of care. Hamilton v. Sommers shows why that matters: the trial court struck a Minneapolis lawyer's opinion because it rested on a national standard and granted summary judgment. In Hamilton v. Sommers (2014), the South Dakota Supreme Court said a statewide focus on the standard of care will usually be appropriate, but reversed the striking of an expert who relied on a national standard for a conflict of interest claim. Choose an expert who can speak to how South Dakota lawyers practice. See our expert witness guide.

Many states require a former criminal defendant to be exonerated, or to prove actual innocence, before suing a defense lawyer. We did not find a published South Dakota Supreme Court decision settling that question. As of 2026, whether South Dakota requires exoneration before a criminal defense malpractice suit is unsettled.

What is settled is the clock: SDCL 15-2-14.2 runs from the lawyer's error, and South Dakota has no discovery rule. A post-conviction case can easily take longer than three years, so talk to a malpractice lawyer early. See criminal defense malpractice.

South Dakota has no statewide fee arbitration program for clients. The State Bar's discipline guidance says fee matters are not often a basis for discipline because they usually do not involve ethics, and that fee controversies may be resolved by court action. The exception is a fee that is illegal or clearly excessive, which can be an ethics issue. Start with a frank conversation with the lawyer, and if that fails, consider small claims court or a civil claim. See also our fee dispute guide.

If a lawyer stole from you, the State Bar of South Dakota Client Security Fund makes limited reimbursements for losses caused by a lawyer's dishonest acts. It is a remedy of last resort: the loss cannot arise from negligence or malpractice or be covered by insurance, and the lawyer generally must have died, been disbarred or suspended, surrendered the license, or left the state. The South Dakota Client Security Fund's published maximum payment for a single claim is $10,000, and payments are a matter of grace, not right. Claim forms come from the State Bar in Pierre. See how client protection funds work.

South Dakota does not require malpractice insurance, but under Rule 1.4(c) a lawyer without coverage of at least $100,000 must put "This lawyer is not covered by professional liability insurance" (or the firm version) on the letterhead and in every written communication with a client. Check your lawyer's letters.

Lawyer discipline in South Dakota runs through the Disciplinary Board of the State Bar, the Attorney General, and the South Dakota Supreme Court. You file by sending a signed letter to the Disciplinary Board, State Bar of South Dakota, 111 W. Capitol Ave. #1, Pierre, SD 57501, describing all the facts with names, dates, addresses, and documents.

The Bar is direct about the limits. A mistake or error of judgment is not a cause for discipline, and if a lawyer's actions cost you money, that is a matter for a lawyer in private practice, not the Disciplinary Board. A bar grievance does not pause the three-year deadline. See legal malpractice vs. a bar complaint.

1. Date the error itself. South Dakota counts from the mistake, not from when you found out.
2. Map your lawyer's later work. If the same lawyer kept handling the same matter, continuous representation may help, but only inside the three years.
3. Get your file (here is how) and look for any insurance disclosure on the letterhead.

If you think your lawyer's mistake cost you, a free case review takes about two minutes and can connect you with an independent attorney in South Dakota who handles legal malpractice claims.