Newsletter

In This Issue: 2 - President’s Corner 4 - Young Lawyers Section 6 - Fellows 15 - Announcements 32 - Employment Opportunitites

July 2018 - Issue 7 1 2018 President’s Corner - Reed A. Rasmussen

on reports that the individual has not actively participated in the committee. Please do not be offended if you have been removed from a committee assignment. We want to try to accommodate everyone who wants to actively participate.

We are going to try something new next year. Since a number of committees schedule meetings during the Bar Convention, we thought it would make more sense to get committee appointments done before the Bar Convention so new committee members would have an opportunity to participate in meetings held during the Bar Convention. Therefore, the committee preference forms will be available shortly after the first of the year. If you are interested in serving on a committee next s usual, there is a lot going on with the year, please let us know because we will be making State Bar. The committee assignments appointments before next year’s Bar Convention. are set forth in the Newsletter. Executive ADirector Andy Fergel, President Elect Steve One of the committees that will be experiencing Huff, Strategic Plan Coordinator Beth Overmoe some changes is the Law School Committee. In and I recently had a lengthy meeting to go over addition to its traditional functions, we have the committee assignments for the upcoming requested that committee also help in fundraising year. We attempt to keep the membership of the for law school scholarships. We want to do all we committees at a reasonable number. We also can to make sure the USD Law School can remain attempt to accommodate those members who competitive with the other law schools in the region. submit committee preference forms. Those forms are extremely helpful. Although there are certainly There is one issue which was brought to my exceptions, we try to limit most individuals to two attention concerning the Bar Convention that committees. We cannot always accommodate a needs to be addressed. If you attended the banquet, person’s first preference for a committee placement. you probably noticed that there were a large We do, however, try to put everyone who requests a number of empty seats. There were approximately committee assignment to be placed on at least one 175 people who said they were coming that did of the committees they have requested. If there is not show up for the banquet. This resulted in the anyone who requested to be on a committee and State Bar spending about $7,500 for uneaten meals. received no committee assignment, please let me Part of this might be due to the heavy rain that was know and we will make sure we get you put on one. falling during the banquet. Nevertheless, for next year’s Bar Convention, if you sign up to attend the As part of the process, we also remove people from banquet, please do everything you can to make sure committees. This sometimes occurs at the request you attend. If something happens that will make of the committee member and other times based 2 you unable to attend, please let the Bar office know Another successful Trial Academy was held during President’s Corner - Reed A. Rasmussen as far in advance of the banquet as possible. the week of July 9. A report from Tom Welk regarding the Trial Academy is contained in the The Lawyer Referral Service is getting up and Newsletter. I encourage you to review it. running. An enrollment agreement is contained in the Newsletter. If you are interested in being Assuming I can get cooperation from the Bar part of the Lawyer Referral Service, please fill out Commission, each month we are going to be the enrollment agreement and return it to the State featuring one of the Bar Commissioners who will Bar office. We have high hopes that this will be a tell you something about themselves and let you successful program. know why they have been active in the State Bar. Kellen Willert stepped forward and agreed to be As had been previously reported, State Bar dues can the first volunteer. I hope you will find Kellen’s now be paid by credit card through Law Pay. My comments interesting. (See page 9) firm recently signed up with Law Pay. We believe it is going to be very helpful to us in getting bills Finally, with regard to my photograph, last month a paid. It is also convenient for clients. If you have recent photograph of me accompanied my report. I not looked into the program, I would encourage looked at that photograph and said I looked awfully you to do so. old. My wife reminded me that I am old. I decided I did not want to subject my loyal readers to that As has also been previously reported, with the photograph for the next ten months. Therefore, hiring of the new Executive Director, the decision I found a photograph that proves to those who was made to hire a contract lobbyist. Interviews of doubted it that I once had hair. Future issues of the potential lobbyists are being conducted on August Newsletter will feature other photographs of me, 21. At this point, it is undetermined how long the assuming I can find any. Bar will need the contract lobbyist. That will be a decision to be addressed in later years. Reed Rasmussen [email protected] 605-225-5420

3 by: Tamara Nash, YLS President

Happy August, question, you can help in several ways. First, you can lend us your time. Please volunteer your time he new YLS Board of Directors met last toward public service this year or volunteer to be month. During our meeting we shared a mentor with the Hagemann- Morris Mentorship our ideas and plans for the Section. We program. You can lend your voice. Please spread Talso spent a lot of our time brainstorming how the word about all the good things the SD YLS is to improve our programming and initiatives to doing both at home and nationally. If you know a better suit the needs of the Section. Each of us young lawyer in your office, encourage them to get set a goal for the bar year. Our goals ranged from plugged into the Section! Lastly, you can lend your utilizing social media more efficiently to providing ideas! If you have a CLE idea or legal clinic idea outstanding CLE programming to working with you have been hanging on to, we want to know! technology to establish institutional knowledge. We want to implement programs and initiatives While we all had different goals that matched that you would like to be a part of. our different plans and personalities, there was a common thread that connected each goal. Each There are numerous ways to be involved with the of us are looking for ways to engage with Section Section, please pick the way that best suits your membership. With that, we set our theme for the schedule and talents! year…ENGAGE! Before I leave you, I would like to tell you what the We hope to look toward this theme in all that SD YLS is up to for the month of August. we do. However, there are three specific ways we would like to improve engagement. First, we 1L Orientation Lunch- On August 7th the hope to spark the spirt of engagement in you, our YLS will continue the standing tradition of membership. We want to implement programs hosting lunch for the incoming 1L class. and initiatives that inspire you to attend and This lunch serves as an opportunity for the volunteer. Second, we want to focus on leadership YLS to welcome the 1Ls to the USD family engagement. More specifically, we, the Board of and also inform our newest members about Directors, hope to hold each other accountable the benefits of Section membership. Any by being plugged in and ready to work toward young lawyers in the Vermillion area are our mission. And lastly, we hope to engage with welcome to join us for lunch at noon. technology on a level that is on par for the year 2018. We will aim to use technology to make your YLS Survey- the YLS will be sending out a attendance and participation easier than ever brief survey to all young lawyers in the before. state. The purpose of the survey is to gauge what activities young lawyers currently How can you plug into the SD YLS? Good 4 attend and learn what programming young In closing, I encourage you to reach out to any of lawyers desire to see implemented. Please our Board members to voice your concerns and take the time to fill out this brief survey! ideas. Your 2018-2019 Board of Directors are:

President- Tamara Nash (Sioux Falls) Vice-President – Nathan Chicoine (Rapid City) Secretary/Treasurer – Carrie Srstka (Pierre) 1st Circuit Representative – Justin Johnson (Mitchell) 2nd Circuit Representative – Anthony Sutton (Sioux Falls) 3rd Circuit Representative – Brittany McKnight (Brookings) 4th Circuit Representative – Nicholas Peterson (Spearfish) 5th Circuit Representative – Ryan Dell (Aberdeen) 6th Circuit Representative – Holly Farris (Pierre) 7th Circuit Representative – Kassie Shiffermiller (Rapid City) At Large Representative – Kelsey Knoer (Sioux Falls) Law Student Representative – Jenna Schweiss (Vermillion)

Kindest regards, Tamara P. Nash

Learn Lead Network Serve

5 www. findalawyerinsd.com

6 7 Fellows of the South Dakota Bar Foundation

Foundation funds go to very important projects, including: Legal Services Programs in SD, Rural Lawyer Recruitment, SD Public Broadcasting of Legislative Sessions, SD Guardianship Program, Teen Court, Ask-A-Lawyer and Educational videos on ageing, substance abuse and mental health issues.

Full Name Address City State Zip Code

I would like to contribute:  in Lump Sum  Annually  Semi-Annually  Quarterly  Monthly

 Life Patron Fellow – $100,000 or more, cumulative.  Sustaining Life Fellow – $50,000 or more, cumulative.  Life Fellow – $25,000 or more, cumulative.  Diamond Fellow – over $10,000, cumulative.  Platinum Fellow – $10,000, cumulative.  Gold Fellow – $5,000, cumulative.  Silver Fellow – $1,000 per year.  Fellow – $500 per year.

In Memoriam Donations in memory of a lawyer or judge may be made and will be deposited in the endowment fund. Such donations will be combined to qualify the deceased lawyer/judge as a fellow.

Today I am sending $ ___ (amount) to begin my gift. I am paying ___ by check, ___ by credit/debit card.

Credit/Debit Card Payments: Name on Card (if different than above) ______Address Tied to Card (if different than above):

Card Number: ______Expiration Date: CVV: ______

*Alternatively, you can call The State Bar (605-224-7554) to setup your payment(s).

8 Kellen Willert At the time I came onto the Commission, I had kids Bar Commissioner, 4th Circuit aged 3, 4, and 8…with school, Scouts, 4-H, sports, et cetera, it wouldn’t get any easier to dedicate more time I’m Kellen Willert, and I practice in God’s country, a/k/a and be more involved in our Bar until my kids were out Belle Fourche, at Bennett Main Gubbrud & Willert, of school. So, I thought “why wait”. My partners signed P.C. I don’t know that I can say my practice has a main off on the idea and then I called Bob and asked him focus, as I end up practicing in many areas of the law what his thoughts were and, like he does in mentoring including general civil litigation, family law, municipal so many others, he helped me understand what I was law, transactional work, estate planning and probate, asking for and getting myself into and then told me and real property. Additionally, I get to do military law “good luck”. for the South Dakota Army National Guard. I’m also the Bar Commissioner for the 4th Circuit. Being a Commissioner has been a fantastic experience. I’ve met others I likely would not have otherwise met I left the Bar Commissioners’ July meeting with joy - not or socialized with, learned a lot, and have had the merely because the meeting was over, but because this opportunity and privilege to be a small part of steering is a great time to be involved with our Bar. Tom Barnett our Bar into the future. Overall, it’s been rewarding and leaves a legacy that will last as long as our organization. enjoyable. Andy Fergel is stepping in as Executive Director and will expand on what Tom has accomplished and mold a Involvement in our Bar has positively impacted my lasting legacy of his own. career by further educating me on how our profession is regulated, administered, and perceived, and it has Like I said, this is a great time to be involved with our given me networking opportunities that are unavailable Bar - not “the” Bar, “our” Bar. We are all in this together, outside of our Bar. and we are collectively in a position to create a culture that fosters a conscious enjoyment in the practice of Many people ask how they can get more involved in law. That culture starts on the micro level with each of our Bar and/or “what’s in it for me”. Just like many civic us zealously advocating for our respective clients while organizations, such as the Lion’s Club, involvement in also being civil, approachable, and personable with one our Bar should be based on what can we do to make this another. On the macro level, the culture is enhanced community or organization better versus what will the through our Bar and the various services it provides us community or organization do for us. Perhaps quoting as members. JFK is too cliché, but you all know what I’m talking about. Right now is a great time to get involved with our Bar. Getting involved can start with a phone call, email, In the coming issues, your Commissioners will be or good old fashioned face to face conversation. Find writing about why we got involved in our Bar and something that interests you and talk with someone how involvement has impacted our careers. Prior to that is involved in that area you’re interested in. Our becoming a Commissioner, my involvement with our Bar is very friendly and most members would welcome Bar was being on a committee that helped redraft some such conversations. legislation and attending a few CLE’s. That involvement was fostered by my partners, Max Main and Dwight Often times we get categorized into younger members Gubbrud. Now I’ve been on the Commission just over and older members. When it comes to involvement a year, have gotten my feet wet, and am having a great in our Bar, there are members that are involved and time. members that are not involved (other than paying dues). Both categories include older and younger I wanted to be more involved in our Bar and assumed members. Certainly, as we go through different seasons at some point I would get more involved. When my in our own lives our ability to be involved will fluctuate. respected predecessor, Bob Morris, was nearing the Regardless of what season of life you’re in, I encourage end of his term as 4th Circuit Commissioner, I looked you to maintain a level of involvement beyond just inward and determined that there was no reason to wait. paying dues and reading the newsletter. 9 If you’re a member that is not involved, consider If you’re a member that is involved, find another becoming more involved in some respect. Our Bar offers member and personally invite them to join you with opportunities for both social involvement as well as whatever Bar function you’re involved in or, at least, business/law practice involvement, and you can choose talk to them about how your involvement in our Bar the balance that’s right for you. There are many ways to has positively impacted your practice. Articles like this get involved whether it’s being on an active committee will not boost member involvement nearly as much as a or section, attending and/or presenting CLE’s, attending personal invitation. mixers, volunteering for the Hagemann-Morris Mentorship Coin Program, taking an Access to Justice case, and/or attending our annual convention.

10 WALK-IN FAMILY LAW CLINIC

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Dear State Bar Members:

I am pleased to report that the Trial Academy was completed at the University of South Dakota School of Law from July 9 through July 13, 2018. Twenty-four participants had the experience of an intensive week of learning skills utilized in a jury trial from opening statement to examination of lay and expert witnesses to a closing argument. The following persons attended the Trial Academy:

• Nicolaus Michels (Pierre) • Amanda Work (Winner) • Jordan Feist (Sioux Falls) • Justin Goetz (Brookings) • Brian Zielinski (Sioux Falls) • Stuart Hughes (Sioux Falls) • Brendan F. Pons (Sioux Falls) • Joseph Meader (Sioux Falls) • Mitchell W. O’Hara (Sioux Falls) • Joel Rische (Sioux Falls) • Catherine Chicoine (Rapid City) • Rae Ann Red Owl (Pine Ridge) • Emily Maurice (Sioux Falls) • Nicole J. Griese (Sioux Falls) • Susan Yexley Jennen (Bradley) • Jennifer English (Salem) • Nathan R. Chicoine (Rapid City) • Joshua R. Brown (Sioux Falls) • Benjamin D. Tronnes (Rapid City) • Ashley Anson (Mitchell) • Lacy End-of-Horn (Flandreau) • Amy Jo Janssen (Kennebec) • Paul Coppock (Sioux Falls) • Chad Boelhower (Sioux Falls)

The faculty this year consisted of Heather Lammers-Bogard, Jim Roby, Lonnie Braun, Bob Morris, Clint Sargent, Renee Christensen, Shawn Nichols and Jana Miner. We all owe these lawyers a great debt of gratitude for helping our younger lawyers hone their advocacy skills. These lawyers gave one week of their time without compensation plus intense preparation and their mentorship in helping our younger lawyers.

The Trial Academy could not have taken place without a number of people. Firstly, the National Institute of Trial Advocacy (NITA) again provided the materials and faculty training for the product liability factual case study. Mark Caldwell, who has been the NITA contact for the Trial Academy since 2005 again provided valuable faculty training prior to the commencement of the Trial Academy. In addition, the administrative function of the Academy in collecting, distributing materials, arranging housing and meals for the participants was spearheaded by Devra Hermosilla of the USD Law School and her able assistant, Lanae Romey, who we thank for their efforts.

The co-trial directors for the Trial Academy were Dave Gienapp and Dick Casey, who will be taking over Dave’s duties. These two lawyers provided the “hands-on direction” during the Academy.

12 We also need to give a huge “shout out” to Stephanie Pochop and Lonnie Braun, South Dakota Chapter American Board of Trial Advocates (“ABOTA”) members, who worked tirelessly to try to recruit a full class of participants. Contacts were made with judges, lawyers and various organizations to recruit participants.

With the conclusion of this class, 160 young lawyers have participated in the Trial Academy since inception in 2005. This year we were able to provide seven scholarships. This brings the total scholarships provided to 52.

Finally, the Trial Academy could not be conducted with the sustained financial support of the South Dakota Trial Lawyers, South Dakota Defense Lawyers and the South Dakota ABOTA chapter, who collectively have contributed over $50,000.00, plus ALPS, the professional legal malpractice carrier, who contributed $5,000.00 in “seed money.”

This Project demonstrates how collaboratively our Bar works together with the USD Law School, and NITA to provide our younger lawyers with skills necessary to provide competency to serve our clients.

Thomas J. Welk South Dakota Trial Academy

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State Bar of South Dakota, The Committee on Continuing Legal Education, Joseph Dylla, Chair The First National Bank in Sioux Falls, Joshua Rubenstein, Speaker And The Sioux Falls Estate Planning Council Ramkota Hotel, Sioux Falls Friday, September 28, 2018

Estate Planning 8:00am – 8:30am Registration (Free to Active Members, all others $100)

8:30am – 11:45am Program

Joshua S. Rubenstein is national head of his firm's Trusts and Estates practice and national chair of the Private Client Services group. He also is a member of the firm's Board of Directors and the Diversity Committee.

Josh advises businesses and private individuals, including high net worth individuals, senior executives, Professionals, entrepreneurs, artists and others with unique intellectual property interests. He handles a wide variety of private matters for these clients on a local, national and international level, including personal and estate planning, the administration of estates and trusts, and contested Surrogate's Court and tax proceedings. He has counseled clients in trust and estates matters for more than 30 years, building relationships with those who value and rely upon his advice. He is a popular choice among clients for "complicated multijurisdictional trust and tax work" and is regarded as a "pragmatic technician"who "will cut to the chase" (Chambers USA).

Josh's clients say he is "a real polymath – not just a great lawyer, but a great chap to deal with and a safe pair of hands," adding that he is “very able technically and very user-friendly” while also being “very good at getting down to the essence of what needs to be resolved and getting it done” (Chambers USA). Globally, he is “very highly rated for his cross-border work and is very active on the international trust scene as the treasurer of the International Academy of Estate & Trust Law” (Chambers Global). He focuses on creating sophisticated, yet uncomplicated, solutions for clients. Josh finds unforeseen problems and uses an interdisciplinary approach to resolve those problems, bringing in members of teams that deal with taxes, real estate or corporate and other transactional areas of the law, as necessary.

Josh is a former adjunct professor at Brooklyn Law School and is a frequent lecturer and author. He is regularly quoted in the media, with credits in The New York Times, The Wall Street Journal, New York Law Journal, Citywealth, Forbes, Kiplinger's, Crain's, The Washington Post, FOX News, Bloomberg News and CNBC. The Katten Trusts and Estates practice has earned recognition from Society of Trust and Estate Practitioners (STEP) for Best North American Private Client Team (2011, 2012) and from Citywealth for International Law Firm – USA (2012, 2013) under Josh's leadership. Clients note that within the Trusts and Estates practice, Josh is "spectacular" and "clearly the star of the Trusts and Estates team" (U.S. News – Best Lawyers® "Best Law Firms").

Register online at www.statebarofsouthdakota.com

1 14

ENROLLMENT AGREEMENT ‘—–Šƒ‘–ƒƒ™›‡”‡ˆ‡””ƒŽ‡”˜‹ ‡ State Bar of South Dakota, ƒ‹Ž ‘’Ž‡–‡†ˆ‘”ƒ†’ƒ›‡––‘ǣ The Committee on Continuing Legal Education, Joseph Dylla, Chair –ƒ–‡ƒ”‘ˆ‘—–Šƒ‘–ƒǦ The First National Bank in Sioux Falls, Joshua Rubenstein, Speaker ʹʹʹƒ•–ƒ’‹–‘Ž˜‡—‡ǡ͓͵ And The Sioux Falls Estate Planning Council ‹‡””‡ǡͷ͹ͷͲͳ Ramkota Hotel, Sioux Falls ”’ƒ›‘Ž‹‡ƒ–ǣ™™™Ǥˆ‹†ƒŽƒ™›‡”‹•†Ǥ ‘

Friday, September 28, 2018 1. I am an active member in good standing ˆ›‘—’ƒ› of the‘Ž‹‡ǡ• ƒ ƒ†‡ƒ‹Ž–Š‹• ‘’Ž‡–‡†ˆ‘”–‘ǣˆ‹†ƒŽƒ™›‡”̷•†„ƒ”Ǥ‡–8. Enclosed is the total amount of $50, to cover State Bar of South Dakota. the registration fee for the following Practice  Panels: 2. I wish to be a member of the South Dakota Lawyer Referral Service (“SDLRS”) and agree 1. ______to pay a $50 service fee on an annual basis. 2. ______Estate Planning 3. Once I receive notice that my payment to SDLRS was received and processed, I will 3. ______8:00am – 8:30am Registration (Free to Active Members, all others $100) create my referral profile at

www.findalawyerinsd.com. 9. I would like to add the following Practice 8:30am – 11:45am Program 4. The service fee is invoiced to participating Panels at the rate of an additional $20 per attorneys in August. I understand that failure panel: to pay the $50 fee within 30 days will result in 1. ______(add $20) Joshua S. Rubenstein is national head of his firm's Trusts and Estates practice and national chair of the a suspension of referrals until the fee is Private Client Services group. He also is a member of the firm's Board of Directors and the Diversity Committee. received. 2. ______(add $20) Josh advises businesses and private individuals, including high net worth individuals, senior executives, 5. In the event I am suspended from the SDLRS Professionals, entrepreneurs, artists and others with unique intellectual property interests. He handles a wide for nonpayment of the invoiced amount, I 3. ______(add $20) variety of private matters for these clients on a local, national and international level, including personal and agree that in order to be reinstated to the estate planning, the administration of estates and trusts, and contested Surrogate's Court and tax proceedings. SDLRS I will pay the balance owed. He has counseled clients in trust and estates matters for more than 30 years, building relationships with those 10. If any of the following occur, I hereby agree who value and rely upon his advice. He is a popular choice among clients for "complicated multijurisdictional 6. My practice is covered by Errors and to a suspension of referrals until final trust and tax work" and is regarded as a "pragmatic technician"who "will cut to the chase" (Chambers USA). Omissions Insurance totaling at least resolution of the matter: $100,000/$300,000. My policy is issued a. My license to practice law is suspended Josh's clients say he is "a real polymath – not just a great lawyer, but a great chap to deal with and a safe pair of through: for any reason; hands," adding that he is “very able technically and very user-friendly” while also being “very good at getting down to the essence of what needs to be resolved and getting it done” (Chambers USA). Globally, he is “very Name: ______. b. I transfer to inactive status for any highly rated for his cross-border work and is very active on the international trust scene as the treasurer of the reason; International Academy of Estate & Trust Law” (Chambers Global). He focuses on creating sophisticated, yet Dates of coverage: ______. c. Formal disciplinary proceedings are uncomplicated, solutions for clients. Josh finds unforeseen problems and uses an interdisciplinary approach to initiated against me; or resolve those problems, bringing in members of teams that deal with taxes, real estate or corporate and other Limits of coverage: $______$______. transactional areas of the law, as necessary. d. A criminal complaint is filed or an indictment returned against me alleging I will maintain such insurance at all times Josh is a former adjunct professor at Brooklyn Law School and is a frequent lecturer and author. He is regularly a serious crime as defined in SDCL 16- while participating in SDLRS. (You will be quoted in the media, with credits in The New York Times, The Wall Street Journal, New York Law Journal, 19-37. Citywealth, Forbes, Kiplinger's, Crain's, The Washington Post, FOX News, Bloomberg News and CNBC. The required to upload a pdf copy of your insurance Katten Trusts and Estates practice has earned recognition from Society of Trust and Estate Practitioners (STEP) declaration page to the SDLRS website to begin 11. In the event I receive a referral through the for Best North American Private Client Team (2011, 2012) and from Citywealth for International Law Firm – receiving referrals.) SDLRS that results in attorney fees, I

USA (2012, 2013) under Josh's leadership. Clients note that within the Trusts and Estates practice, Josh is understand it is strongly encouraged I "spectacular" and "clearly the star of the Trusts and Estates team" (U.S. News – Best Lawyers® "Best Law 7. I will promptly inform the State Bar of South contribute 7% of those fees to the SD Bar Firms"). Dakota Bar of any change in my address or phone number. Foundation. Register online at www.statebarofsouthdakota.com

 Šƒ˜‡”‡ƒ†–Š‡ˆ‘”‡‰‘‹‰ƒ†Š‡”‡„› ‡”–‹ˆ›–Šƒ––Š‡ƒ•™‡”•ƒ”‡ ‘’Ž‡–‡ƒ†–”—‡–‘–Š‡„‡•–‘ˆ› ‘™Ž‡†‰‡Ǥ  ƒ‡ǣ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ 1  ȋ‹‰ƒ–—”‡Ȍ ȋ”‹–‘”›’‡Ȍ  15 ƒ–‡ǣ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴‡„‡”‘Ǥǣ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴‘—– Ž‘•‡†ǣ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴  PANEL & SUB-PANEL LIST South Dakota Lawyer Referral Service

BANKRUPTCY CONSUMER & DEBT EMPLOYMENT

 Business  Collection Practices &  Civil Service Bankruptcy(Creditor) Creditor Harassment  Employee Benefits  Business Bankruptcy  Car repair/lemon law  Employer Representation (Debtor)  Credit Reports  Employment Contracts  Personal Bankruptcy  Debt Collections (Creditor)  Employment Discrimination (Creditor)  Debt Collection (Debtor)  Medical Leave  Personal Bankruptcy  Identity Theft  Non-compete/Non-disclosure (Debtor)  Predatory Lending Practices Agreements  Small Claims Court  Professional Licensing BENEFITS & ADMINISTRATION  Unfair and Deceptive Sales  Safe Working Conditions  Medicaid/Medicare and Practices  Separation Agreement  Municipal or Local  Sexual Harassment CRIMINAL Government  Wage and Labor Standards  Professional Licensing  Appeals  Whistleblower  Social Security  Criminal Record  Wrongful Termination  State Government  DWI/DUI FAMILY  Unemployment  Drugs  Utilities  Federal Criminal Defense  Adoption  Veterans Benefits  Felony (non-homicide)  Alimony/Marital Support  Homicide  Annulment BUSINESS  Juvenile Delinquency  Child Abuse and Neglect  Antitrust litigation  Misdemeanor  Child Support and Custody  Business dissolution  Probation Violation  Divorce (complex/contested)  Business formation  Property Forfeiture  Divorce (simple/uncontested)  Business litigation or dispute  Traffic  Domestic  Buy-sell agreements Violence/Protection Order DISPUTE RESOLUTION  Compliance (Petitioner)   Contracts  Arbitration Domestic  Franchise Agreements or  Mediation Violence/Protection Order purchase of franchise (respondent)  Gaming Law EDUCATION  Emancipation  Non-profit formation  Family Mediation  Academics  Online business law  Guardianship  Access (including bilingual  Partnership agreements  Conservatorship and testing)  Securities  Interstate/International  Bullying  Trade regulation  Name Change  Discipline (including   Parental Rights Termination Business mediation Expulsion and Suspension)  Paternity  Special Education &  Post-nuptial Agreement Learning Disabilities  Pre-nuptial Agreement  Teachers and Other  Separation Educational Professionals  Visitation

16 HOUSING & APARTMENT LOBBYING REAL ESTATE

 Home  Federal  Commercial real estate PANEL & SUB-PANEL LIST Construction/Improvement  State litigation South Dakota Lawyer Referral Service  Housing Discrimination  Commercial real estate  Landlord Representation PERSONAL INJURY & RIGHTS transactions  Mortgage Foreclosures (Not VIOLATIONS  Condemnation, eminent Predatory Lending)  Accountant Malpractice domain & annexation   Predatory Mortgage Lending (Defendant) Land Use & Zoning Practices  BANKRUPTCY CONSUMER & DEBT EMPLOYMENT  Accountant Malpractice Natural Resources  Tenant Representation (Plaintiff)  Neighborhood, Coop &  Business  Collection Practices &  Civil Service  Animals Condominium Associations Bankruptcy(Creditor) Creditor Harassment  Employee Benefits IMMIGRATION   Assault and Battery Residential real estate  Business Bankruptcy  Car repair/lemon law  Employer Representation  Asylum (Defendant) litigation (Debtor)  Credit Reports  Employment Contracts   Consular Practices  Assault and Battery (Plaintiff) Residential real estate  Personal Bankruptcy  Debt Collections (Creditor)  Employment Discrimination  Criminal Issues  Auto Collision (Defendant) transactions (Creditor)  Debt Collection (Debtor)  Medical Leave  Employer Sanctions  Auto Collision (Plaintiff)  Personal Bankruptcy  Identity Theft  Non-compete/Non-disclosure TAX  Employment-based  Civil Rights (Debtor)  Predatory Lending Practices Agreements immigration  Discrimination  Business  Small Claims Court  Professional Licensing BENEFITS & ADMINISTRATION  Family-based immigration  False Arrest/false  Personal  Unfair and Deceptive Sales  Safe Working Conditions  Investors imprisonment  Estate Tax  and Practices  Separation Agreement Medicaid/Medicare  Naturalization  Jail/Prison Injuries  Tax Litigation/Audits   Sexual Harassment Municipal or Local  Juvenile Status  Legal Malpractice CRIMINAL  Wage and Labor Standards Government  Removal Defense (Defendant) WILLS, TRUSTS, ELDER  Professional Licensing  Appeals  Whistleblower  Legal Malpractice (Plaintiff)  Conservatorship  Social Security  Criminal Record  Wrongful Termination INDIAN LAW  Libel, Slander, or  Elder Abuse/Neglect  State Government  DWI/DUI FAMILY  Business harassment (Defendant)  Estate Administration  Unemployment  Drugs   Family Law Libel, Slander, or  Estate Court/Probate  Utilities  Federal Criminal Defense  Adoption harassment (Plaintiff)  Federal Government  Estate Planning  Veterans Benefits  Felony (non-homicide)  Alimony/Marital Support   Housing Medical Malpractice  Estate Tax  Homicide  Annulment (Defendant) BUSINESS  Land  Guardianship  Juvenile Delinquency  Child Abuse and Neglect  Medical Malpractice  Probate/Will  Living Will/Advanced   Misdemeanor  Child Support and Custody (Plaintiff) Antitrust litigation  Tribal Court Directive   Probation Violation  Divorce (complex/contested)  Negligence (Defendant) Business dissolution  Tribal Enrollment/Status  Medicaid/Medicare/Nursing   Property Forfeiture  Divorce (simple/uncontested)  Negligence (Plaintiff) Business formation  Tribal Government Home Planning    Business litigation or dispute Traffic  Domestic Police misconduct  Power of Attorney   Buy-sell agreements Violence/Protection Order INSURANCE Product liability (Defendant)  Simple Will DISPUTE RESOLUTION (Petitioner)   Compliance Product liability (Plaintiff)  Specialty Trusts   Automobile/Property   Contracts  Arbitration Domestic Property Damage  Estate Dispute (Petitioner) Violence/Protection Order Insurance (Defendant)  Franchise Agreements or  Mediation  Estate Dispute (Respondent) (respondent)  Bad Faith  purchase of franchise Property Damage (Plaintiff)   Employer-provided insurance Trust Dispute (Petitioner)  Gaming Law EDUCATION  Emancipation  Slip, trip and fall (Defendant) (disability, health, life,  Trust Dispute (Respondent)  Non-profit formation  Family Mediation  Slip, trip and fall (Plaintiff)  Academics accident)  Online business law  Guardianship  Toxic tort (Defendant) WORKERS COMPENSATION  Access (including bilingual  Health Insurance  Partnership agreements  Conservatorship  Toxic tort (Plaintiff) and testing)  Homeowner Insurance  Federal Employee  Securities  Interstate/International  Wrongful death or  Bullying  Life Insurance  Private Employee  Trade regulation  Name Change catastrophic injuries  Discipline (including  Private Employer   Parental Rights Termination (Defendant) Business mediation Expulsion and Suspension) INTELLECTUAL PROPERTY  Paternity  Wrongful death or  State Employee  Special Education &  Post-nuptial Agreement  Copyrights catastrophic injuries Learning Disabilities  Pre-nuptial Agreement  Patents (Plaintiff)  Teachers and Other  Separation  Trademarks Educational Professionals  Visitation

17 JOIN US. September 13 & 14, 2018 9:00AM-3:00PM Hot Springs & Rapid City, SD Dear South Dakota Bar Member: The University of South Dakota School of Law Veterans Legal Education Group is holding a two-day drop in clinic for veterans on the west side of the state. On September 13, 2018, VLEG will be at the VA Hospital located in Hot Springs, SD (500 North 5th Street). The time of the clinic will be from 9:00AM to 3:00PM. We hope to reach nearly 30 veterans this day.

The second day, September 14, 2018, will be at the VFW in Rapid City, SD (420 Main Street). The time of this clinic will also be from 9:00AM to 3:00PM. We hope to reach an additional 40 veterans on day two of the clinic.

We currently have law students planning to attend both days. We are in need of attorneys for both days. If you would like to volunteer or have any questions about the clinics, please reach out to me at [email protected] or by cell phone at 605-380-0812.

We continue to appreciate all of the support from the State Bar of South Dakota Veterans Committee, Young Lawyers Section, and our volunteer attorneys. This project would not be possible without you.

Sincerely, Austin Schaefer President, Veterans Legal Education Group USD SCHOOL OF LAW VETERANS LEGAL EDUCATION GROUP volunteer 18 JOIN US. LAWYERS CONCERNED FOR LAWYERS September 13 & 14, 2018 9:00AM-3:00PM LAWYERS ASSISTANCE COMMITTEE Hot Springs & Rapid City, SD Your Bar Leadership has been concerned that members needing help with chemical dependency or mental health issues may be reluctant to call Dear South Dakota Bar Member: State Bar Headquarters to inquire where to seek help. Phone calls The University of South Dakota School of Law Veterans Legal seeking help for themselves or a loved one or a partner have always and will continue to be kept strictly confidential. That said, Bar Leadership Education Group is holding a two-day drop in clinic for veterans has determined that a referral agency independent of the State Bar on the west side of the state. On September 13, 2018, VLEG staff may reduce any reluctance to call. Thus, beginning July 1st, we have entered into a contract with Disability Rights South Dakota. will be at the VA Hospital located in Hot Springs, SD (500 North Both LCL and LAC committees have provided names and contact 5th Street). The time of the clinic will be from 9:00AM to information for referrals. You will be provided with the names and phone numbers and proceed to call whomever you select from the 3:00PM. We hope to reach nearly 30 veterans this day. appropriate list.

Disability Rights South Dakota: 605-224-8294 or The second day, September 14, 2018, will be at the VFW in toll free 800-658-4782 Phone calls to Disability Rights of SD are kept strictly confidential. Rapid City, SD (420 Main Street). The time of this clinic will also be from 9:00AM to 3:00PM. We hope to reach an additional 40 veterans on day two of the clinic.

We currently have law students planning to attend both days. Caribou Coffee Club We are in need of attorneys for both days. If you would like to A group of Sioux Falls and Rapid City area attorneys are holding volunteer or have any questions about the clinics, please reach informal peer-led meetings of lawyers who have faced or are dealing out to me at [email protected] or by cell phone with depression, anxiety and/or similar issues. Attendance is limited to lawyers. at 605-380-0812. The groups generally meet twice a month and have confidentiality policies. For more information or to receive We continue to appreciate all of the support from the State Bar blind copies of group announcements, send an email to: [email protected] of South Dakota Veterans Committee, Young Lawyers Section, and our volunteer attorneys. This project would not be possible without you.

Sincerely, Austin Schaefer President, Veterans Legal Education Group USD SCHOOL OF LAW VETERANS LEGAL EDUCATION GROUP volunteer **The Caribou Coffee Club is not affiliated with The State Bar of 19South Dakota, the Second Circuit Bar Association, or the Pennington County Bar Association. YOU are NOT To: All Members of The State Bar of South Dakota Alone From: Tom Barnett

We all have problems. And, most often, we manage to solve them ourselves, but sometimes we can’t handle them alone. Recognizing that attorneys can develop personal problems that may jeopardize their health, family structure or employment, the State Bar of South Dakota provides members with the Sand Creek Member Assistance Program. Sand Creek is a confidential telephonic counseling service that can help members solve personal and work related problems before they grow into serious and costly crises. Employee Assistance Services (EAP) are provided by a staff of professional counselors, clinical psychologists, and social workers skilled at helping you identify and hand handle problems such as marital and family issues, chemical dependency, mental and emotional disorders and educational or career problems. Free confidential telephonic services provided to you by Sand Creek include: problem assessment, action planning, and follow up along with 24-hour crisis Go to www.sandcreekeap.com telephone services. To access these services - see the box to your right. Click the Work Life Wellness Login Link The Sand Creek website, www.sandcreekeap.com, Our Company ID is sbsd1 is a useful resource designed to help make your life easier. On the website you will find: Child care and Or call 800-632-7643 elder care referrals; hundreds of articles on important Monday-Friday, 7:30am-5pm CT mental and emotional health issues; work-related resources to help manage stress, cope with job changes or deal with a difficult boss; wellness resources Immediate, Confidential Support including a comprehensive exercise, nutrition and 24 hours a day/7 days a week: healthy living portal that has hundreds of articles, recipes and tips for 888-243-5744 healthy living. Confidentiality is the bedrock of a Member All discussions and services are kept strictly confidential. Assistance Program. All discussions and services are kept strictly confidential. The State Bar of South The State Bar of South Dakota will not know you are Dakota will not know that you are using the services. using the service. These services are FREE. You are We encourage you to use this valuable benefit. encouraged to use this valuable benefit. Sand Creek is a HIPPA compliant service. 20 Morgan Theeler LLP Kennedy Pier & Loftus, LLP is pleased to announce that is pleased to announce that M. Lorena Tamayo has become an associate with the firm Tyler P. Matson and effective May 1, 2018. Nicole M. Brandt joined our firm as Associate attorneys. 1718 N. Sanborn Blvd. P.O. Box 1025 322 Walnut Street Mitchell, SD, 57301 Yankton, SD 57078

Telephone: (605) 996-5588 Telephone: (605) 65-3000 Facsimile: (605) 996-6129 Facsimile: (605) 65-2670

www.yanktonlawyers.com

Register here!

21 22 23 24 In June, Cutler Law Firm Partner Nichole Mohning spent a week volunteering with Community Health Initiative (CHI) Haiti. Nichole was part of a team Lawyers Who Serve of volunteers compromised of medical providers and non-medical volunteers from across the United States as well as Haitian doctors and staff. The team

It was a privilege to get to know and work with them,” said Mohning.

What is so rewarding about working with CHI is its mission to work with people in the communities to create the infrastructure and tools necessary for them to provide for themselves. It is a partnership with the goal to not be needed. While the circumstances are certainly very different, its mission is similar to how Mohning approaches her relationship with clients. Mohning conducted medical clinics works proactively with in the villages of Do Digue employers to identify and Fondol which are located needs and risks and about an hour northwest of Port-au-Prince.

CHI is a nonprofit organization based out of Coralville, Iowa with jointly design a mission of partnering with the rural Haitian and implement communities to identify needs and implement solutions with solutions. Along with providing continuous primary the goal that health care by conducting several medical and surgical legal counsel clinics each year in these villages, CHI has assisted will not be with water treatment, latrines and recycling programs. needed to defend claims at Mohning primarily assisted with obtaining medical a later date. histories from the patients and entering data in the electronic medical records system. The non-medical "The term volunteers were also trained to assist in performing life-changing basic treatment such as conducting blood sugar and is often over lab tests, taking blood pressures and giving injections. used, but there The team saw nearly 1,700 patients over five days. is really no other way to describe the experience," said Mohning. "I look forward to returning to Haiti in the “I was honored to be a part of such a dedicated and future and continuing to find ways that I can use my talented group of doctors, nurses, volunteers and staff skills to help carry on the mission of CHI." from the United States and Haiti. It was amazing to see the level of care being provided in the most basic of Mohning joined Cutler Law Firm in 2008 and practices environments. The area we worked in was incredibly primarily in the area of employment law. Cutler Law beautiful, yet tough given the terrain and poverty. The Firm, LLP is a full-service law firm based in downtown people of this region are equally beautiful and tough. Sioux Falls. 25 For more than 25 years, SD lawyers have made the USD School of Law the beneficiary at the golf outing in conjunction with the State Bar’s Annual Meeting. Over the years, the law school has benefited in excess of $100,000.

Thank you, SD lawyers, golfers, and ALPS, for your continued support.

Dean Tom Geu, the USD School of Law, and the USD Foundation

DeRouchey Agricultural and Legal Consulting, LLP William Moss, Psy.D. 34 years Farm Business Instructor at Mitchell Tech 3 years of Ag Lending Clinical Psychologist - Located in Rapid City 8 years Research, Deposition, Testifying (605) 645-0371 Expert witness on agricultural issues Psychosexual Evaluations - Custody Roger DeRouchey Phone: 605‐770‐8080 Competency - Mitigating Factors 700 Broad Street Alexandria, SD 57311 Juveniles – Adults – Older Adults www.deroucheyagriculturallegalconsulting.com/services.html

26 The Justice Squad Thank you to the following attorneys for accepting a pro bono or modest means case from Access to Justice, Inc., this month! You are now a member of the the A2J Justice Squad - an elite group of South Dakota lawyers who accept the responsibility to defend justice, uphold their oath and provide legal representation to those who need it.

ACCEPTED A CASE IN JULY 2018 Brad Reynolds Steve Huff* ACCEPTED A CASE IN JUNE 2018 And thanks to: Rena Hymans Kellen Willert* Scott Moses Mary Ash Susan Jennen Rebekkah Steinwand Jodi Brown** for his help answering questions on SD Free Scott Swier Linda Lea Viken David Larson Legal Answers this Michael Henderson month! Brooke Swier Schloss Jessica Hegge Daniel Pahlke Samuel Nelson * indicates Bar Commissioner Sam Woodall ** indicates mentor attorney Marli Schippers Travis Jones

It's a LEGAL SUPERHERO!!!! Is it a Or a DeRouchey Agricultural and Legal Consulting, LLP bird? plane?? 34 years Farm Business Instructor at Mitchell Tech 3 years of Ag Lending 8 years Research, Deposition, Testifying Expert witness on agricultural issues Roger DeRouchey Phone: 605‐770‐8080 Are you interested in becoming a legal superhero and member of the 700 Broad Street Alexandria, SD 57311 A2J Justice Squad? Please send a message to Denise Langley at: www.deroucheyagriculturallegalconsulting.com/services.html [email protected]. 27 To register your firm, please visit http://www.statebarofsouthdakota.com and click on Access to Justice

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ATTPRO_ 321304 State Bar News Ad_RhodesAnderson.indd 1 28 2/23/17 10:09 AM An Overview of Common Legal Issues re Immigration Part 4 | SD State Bar Immigration Law Committee

Immigration law and immigration consequences become relevant in other areas of law when non- citizen clients are involved. To assist other practitioners, the immigration committee has put together general information on some of these situations. The committee’s goal is to generate awareness of some of the more common non-immigration legal issues that are problematic for the client’s status or future status options. Please see previous editions of the bar newsletter for an introduction to this series of articles.

Child Abuse/Neglect The immigration consequences of abuse and neglect proceedings depend on your client’s immigration status. For legal permanent Prior Topics residents and other lawfully admitted aliens, caution is required; for aliens without legal admission the United States, abuse and neglect • July Newsletter: proceedings make your client deportable. The federal statute International Adoption pertaining to removal of legal permanent residents and other lawfully and Hague Convention admitted aliens can be found at 8 C.F.R. § 1227. The statute requires • June Newsletter: a conviction for the LPR or lawfully admitted alien to be put into Firearms Offenses, removal proceedings. A conviction will result in removal proceedings Hunting Violations and for any non-U.S. citizen. Affidavits of Support Abuse and neglect proceedings are civil proceedings rather than criminal. For a non-U.S. citizen parent, abuse and neglect proceedings • May Newsletter: are preferable to a criminal case. If the parent has not been legally Types of Immigration admitted to the United States, this can lead to removal. Although a Statuses legal permanent resident should not be put into removal proceedings because of child abuse or neglect proceedings, these proceedings can Upcoming Topics affect the alien’s citizenship application. A legal permanent resident is required to prove “good moral character” for at least 5 years before • Protection Orders filing for citizenship. Failing to protect children from abuse or neglect • Divorce is an issue of “good moral character.” • Involuntary Termination of Parental Rights Criminal Offenses Abuse and neglect proceedings can lead to the termination of parental rights. The termination of parental rights by itself would not automatically cause problems for a non-citizen. It can cause problems for the non-citizen parent that actively abused or neglected the child. The non-citizen parent and the attorney representing that parent need to be wary of any findings of fact and conclusions of law in which a court determines that the parent abused or neglected the child. Voluntary termination of parental rights should not be a problem for the non-citizen parent’s status or future status options.

29 Don’t Miss Out! Thursday & Friday The 2017 Tax Act has complicated closely-held entity November 29 & 30, 2018 planning and turned estate planning on its head. Meeting in a NEW location! This year’s Institute presents detailed discussions of these new rules Embassy Suites and and planning recommendations that are a must for all advisors. Conference Center LaVista, Nebraska

• Three hours from nationally renowned speaker Stephen Akers covering post-mortem tax planning issues and how to structure trustee powers to avoid tax catastrophes. • Three hours from nationally renowned speaker and Great Plains favorite Stephanie Loomis-Price covering the art of reviewing an appraisal, ethically Registration Fee Discounts: protecting privileges, avoiding tax problems at the formation of a family business and how a tax litigator views planning for a family business owner. n Early Registration $450 if Stephanie will be joined by Stephen Liss, a national tax expert. received by November 6 • An in-depth review of federal tax law changes, including a specific presentation on the new Section 199A. n $510 thereafter • A full discussion on recent developments in Section 355 tax-free spin-offs. n $345 for participants with • Detailed analysis of the recent Wayfair decision and the implications for multi- state companies. 5 or fewer years in practice • A look at Nebraska and Iowa state tax and economic development updates. Online registration to open • A review of current developments in income, estate and gift taxes, presented by by October 1 local tax experts. • By continued demand, a lengthened presentation on current tax issues and planning opportunities for farmers. For more information go to • A practical and valuable ethics presentation from University of Nebraska professor www.greatplainstax.org Janet Near. Two hours of the Institute are expected to qualify for ethics credit. or contact the Program Manager Continuing professional education sponsored by the Great Plains Federal Tax Institute, Inc. at 402-483-4234

Dr. Matthew Bunkers of Northern Plains Weather Services is a certified consulting meteorologist (CCM) and forensic meteorologist with over 25 years of weather analysis and forecasting experience. He can provide reports, depositions, and testimony in the areas of weather and forecasting, severe summer and winter storms, flooding, applied climatology and meteorology, agriculture meteorology, and statistics. More information is provided at http://npweather.com, and you can contact Matt at [email protected] or 605.390.7243.

30 Cybercrime and Social Engineering offered, the best advice is to decline it or suggest that Mark Bassingthwaighte, Esq. the referral fee be refunded to the client because referral fees are too easily viewed by the client as Lawyers make referrals. It’s something that comes payment for legal advice to have them work with the with the territory. For some, making a referral is other attorney. almost a daily occurrence. They are often made after If your practice is to accept referral fees, proceed work is declined. Staff may make them in response fully aware of the risk involved and be up front to a cold call or give one to a client who needs a with the client about the arrangement. Remember, service that the firm doesn’t provide. Referrals are when you share fees you share liability. Rule 1.5 sometimes made during dinner conversations, at of the Model Rules of Professional Conduct states social events, or after a presentation given to the that a division of a fee can only occur if the division general public. Names may be passed along to is in proportion to the services performed and family members, friends, a colleague, and to good the client agrees in writing. In addition, the fee clients. After all, we do want to make sure our good must be reasonable and each lawyer will assume clients are well taken care of! Too often however, joint responsibility for the representation. This referrals seem to be made without any thought of the rule clearly requires that a referring attorney who potential malpractice exposure. Is such casualness will be accepting a referral fee inform the client of justifiable? Unfortunately, the answer is sometimes the presence of the referral fee and obtain written no. consent to the fee division. Given all this, it would seem to be prudent to stay in contact with the other Nationwide, malpractice coverage statistics vary attorney in order to monitor critical dates and see geographically and over time due to any number of that work is completed on time because there is no reasons. Some lawyers do not feel that malpractice free lunch here. coverage is necessary. They prefer to protect their assets in other ways. Others simply can’t afford the Two side notes are in order. First, prior to ever coverage, particularly during economic hard times. I making a referral where a referral fee is expected, have even had a few lawyers tell me that they believe consider making certain that the attorney you are having malpractice coverage simply invites claims. referring to has malpractice insurance in place and As they see it, if they have no insurance no one will that the limits are adequate for the size of the matter bother suing them. Regardless, this is a roundabout being referred. Do not accept verbal verification way of sharing that contrary to popular belief not all of coverage. There are attorneys who will say they lawyers are insured for malpractice. In fact in a few are insured in order to obtain the business. Ask the states the percentage of uncovered lawyers has been other attorney for a copy of the declaration page to estimated to be as high as 50%. This reality begs the the malpractice policy prior to ever making this kind question of what would happen if a lawyer made a of referral. Second, occasionally an attorney who referral to another lawyer who was uninsured and has recently been disbarred will seek to refer clients that lawyer eventually made a mistake? Might the and request a referral fee. If the referral happened to referring lawyer be exposed? You bet. There are be made while this attorney was in good standing ways that liability can be found. It’s a hunt for a deep with the bar, payment of the referral fee would be pocket and it will be framed as negligent referral. acceptable. If this attorney is seeking to make the The good news is that avoiding this type of claim is referral and asking for a fee after being disbarred, the relatively easy. payment of a referral fee would be prohibited under Model Rule 5.4(a) which prohibits the sharing of fees The most dangerous type of referral is one that with a non-attorney. results in a referral fee and it doesn’t matter if the fee was expected or simply offered as a gift. Acceptance That said, acceptance of a referral fee is not the of the fee can and will bring to the referring attorney only method of creating a liability from a referral. liability for the other attorney’s work. If a fee is Referrals to specific lawyers or a referral made with 31 a promise such as “Attorney X is the finest personal when an attorney refers a client to another attorney injury plaintiff attorney in the area and always or, perhaps more frequently, to another professional. gets great results” can also create liability. To avoid Making matters worse, words of assurance are also exposure for a negligent referral claim, the rules are often shared with the client in this situation perhaps simple. When referring anyone to another lawyer as a way to make sure the client follows through. To always provide a minimum of three names and make underscore this concern, consider an estate planner no promises. Of course, suggesting the individual who regularly refers clients to the same CPA and is contact a state or local bar referral service would be surprised to learn, after the CPA has made an error, another very safe practice. the CPA has no errors and omissions coverage. The client, now harmed, may very well look to the Sometimes, however, we do wish to make a specific estate planning lawyer for a recovery based upon referral if for no other reason than to see that a good her legal advice to work with that particular CPA. client is properly taken care of. If negligent referral Here, following the above advice becomes even claims are a concern for you, consider documenting more important. The same rules should apply adequate malpractice coverage by asking the other whenever making a referral to an existing client. lawyer for a copy of the declarations page to her Always provide a minimum of three names, make malpractice policy prior to making a specific no promises, and verify that an errors and omissions referral. Why? It’s because one shouldn’t run with policy is in place if a specific referral is preferred. assumptions. Negligent referral claims are about coverage, not competency. Competent lawyers can Remember that these rules not only apply to and sometimes do make a mistake or miss a deadline referrals made after work is declined. They also apply and again, not all lawyers are insured. to referrals made at a dinner party, in an e-mail to a friend, in response to an e-mail from someone One other type of attorney referral that can contacting you as a result of a visit to your firm’s potentially create a serious problem is the referral website, in a casual conversation following a public made to an officemate in an office-sharing situation. presentation, on a chat site, or in response to an By their very nature office sharing arrangements inquiry over the phone. create added vicarious liability for every lawyer in the space. A simple referral to an officemate just The next issue concerns staff. Occasionally a firm increases the difficulty of avoiding this liability will have a sound referral policy in place that all should a claim ever arise. In this situation it is attorneys understand and follow yet a staff member particularly important to give a minimum of may be completely unaware of the reason the policy three names. It is fine to include an officemate in is in place and thus not follow the rules in every this list. Just be certain to disclose that one of the instance. There is no ill will here, just an honest names provided is an attorney in the suite, make no desire to try and see that clients get the best help promises about the suitemate, and be certain that the possible. Their motivation is to provide good service. client understands that this attorney is completely This staff person will make a specific referral to an independent. It would also be advisable to document attorney or other professional whom they know and how this referral was made in some fashion. Finally think highly of blissfully unaware of the associated never make a referral to an officemate who is risks. For clients who are upset, staff may even try uninsured or underinsured. This risk simply isn’t to reassure them by making certain “harmless” worth it. promises about the receiving attorney. “Attorney X is a very good attorney and well respected by our firm.” Now here is the interesting twist to the issue of If attorney X misses a statute date and is uninsured negligent referral. Many referrals are made to non- or underinsured, the client may not agree with the clients. A lawyer’s duties to non-clients are minimal statement that attorney X is a good lawyer and they and thus negligent referral claims arising out of such may want to hold the firm liable for their loss. referrals are few and far between. The real concern is 32 Make certain that all staff understand your firm’s these links. The disclaimer should simply state that policy and procedure for referrals and also the the firm has provided these links for the convenience reasons why such a policy is in place. Develop a of users of the site and that these links do not referral list with three names for the various types of constitute an endorsement of the linked websites, or matters the firm will refer out and make it available of the information, products, or services contained to everyone in the office. If this list doesn’t cover a therein. referral request, have the staff pass the matter on to one of the attorneys, politely decline by stating the In reality negligent referral claims are not a firm does not make referrals, or have staff refer to significant problem for malpractice carriers. Yet the state or local bar referral line. when they arise, and they do, these claims can be costly. Given that the actions that can be taken to Last but not least, an often overlooked source of avoid this type of claim are highly effective and potential liability for negligent referral claims may quite minimal, there really is no reason not to take come from links on your firm’s website. If there are the prudent course of action and follow the advice links to other sites, an appropriate external links shared here. disclaimer should be prominently displayed near

33 Donald E. Covey both as an attorney and a citizen, by participating in Rotary, the Winner School Board, Winner Investment Club, several conservation districts, church council, and many others too numerous to mention.

One of his proudest accomplishments was his work on the committee that brought medical professionals to rural areas. Don took time away from his practice to share his beautiful signing voice at many funerals and weddings and also participated in several barbershop choruses.

Don leaves behind his loving wife, four children and their spouses, ten grandchildren, five siblings, and many nieces, nephews, cousins, and friends. He was preceded in death by many esteemed colleagues who shared his passion for, dedication to, and courage in defending the rule of law.

Donald E. Covey, 73, of Winner, S.D. passed away Monday, June 11, 2018.

Don graduated from USD in ‘67 with a B.A. in Government and in ’73 with a J.D. Don proudly served as copy editor of the law review. After graduation, he worked as one of the first law-trained magistrates in South Dakota and then entered private practice. He practiced for 41 years in Winner, S.D., taking his turn as Tripp County State’s Attorney and as court appointed defense counsel in Tripp and many other counties. He also practiced in federal court.

He served on numerous SD State Bar and Rosebud Bar committees, including the Ethics and ALPS Committees.

In addition to his dedication to the practice of law (he carried a copy of the United States Constitution with him), Don was dedicated to serving his community, 34 State Bar of South Dakota Committee Assignments 2018-2019

ADMINISTRATIVE LAW Olivia Siglin, Vermillion Eric Hanson, Sioux Falls Mallori Barnett, Pierre Marilyn Trefz, Vermillion Ann Hoffman, Sioux Falls Steve Blair, Pierre Linda Lea Viken, Rapid City Meghann Joyce, Sioux Falls Megan Borchert, Pierre Cesar Juarez, Sioux Falls Niclas Dahlvang, Wessington Springs ASK A LAWYER Jessica Larson, Rapid City Ryan Darling, Blunt Reece Almond, CH, Sioux Falls Sarah Richardson Larson, Sioux Falls Catherine Duenwald, Pierre Chris Christiansen, Vice-CH, Rapid City Melissa Neville, Aberdeen Kristen Edwards, CH, Pierre McLean Thompson Kerver, CH, Rapid City Hon. Craig Pfeifle, Rapid City Kody Kyriss, Pierre Pamela Reiter, Sioux Falls Ashley McDonald, Sioux Falls BUSINESS LAW Victoria Reker, Sioux Falls Amber Mulder, Sioux Falls Amy Arndt, Co-CH, Sioux Falls Carrie Sanderson, Sioux Falls William Nevin, Pierre Frances Becker, Rapid City William Sims, Sioux Falls John Richter, Pierre James Cremer, Sioux Falls Jason Sutton, CH, Sioux Falls J.G. Schultz, Sioux Falls Thomas Deadrick, Pierre Jennifer Williams, Rapid City Rosa Yeager, Pierre Michael Diedrich, Rapid City Judith Zeigler, Sioux Falls Brian Zielinkski, Sioux Falls Matthew Dorothy, Harrisburg Amanda Engel, Sioux Falls CRIMINAL LAW AGRICULTURAL LAW Eric Erickson, Sioux Falls Jason Adams, Co-CH, Sioux Falls Elliot Bloom, Rapid City Patrick Goetzinger, Rapid City James Billion, Sioux Falls Barbara Braley, Parkston Gregg Greenfield, Sioux Falls Paul Brankin, Rapid City Brian Donahoe, Sioux Falls Chad Hansen, Dell Rapids Philip Carlson, Co-CH, Pierre Craig Evenson, Clear Lake Curtis Jensen, Rapid City Linton Clarke, Rapid City Jacob Fischer, Corsica Darrell Jesse, Dakota Dunes Wenzel Cummings, Pierre Amanda Gaikowski, Sioux Falls Thomas Johnson, Sioux Falls Melissa Fiksdal, Sioux Falls Stacy Hegge, Pierre Andrew Knutson, Co-CH, Rapid City Koln Fink, Sioux Falls Benjamin Kleinjan, Brookings Richard Kolker, Groton Raleigh Hansman, Sioux Falls Craig Krogstad, Sioux Falls Paul Lewis, Flandreau George Johnson, Gregory David Larson, Chamberlain Seth Lopour, Sioux Falls Ryan Kolbeck, Sioux Falls Jason Shanks, Sioux Falls David Lust, Rapid City Joseph Kosel, Lead Danny Smeins, Britton Carey Miller, Sioux Falls Hon. Heidi Linngren, Rapid City Kelsea Sutton, Burke Richard Moe, Sioux Falls Katie Mallery, Sioux Falls Jeffrey Swett, Rapid City Heath Oberloh, Sioux Falls Kenneth Meyer, Madison Michael Traxinger, CH, Aberdeen Erika Olson, Rapid City Janet Olson, Sioux Falls Paul Tschetter, Sioux Falls John Raforth, Rapid City Robert Pasqualucci, Rapid City Todd Wilkinson, De Smet David Rezac, Sioux Falls N. Bob Pesall, Flandreau Timothy Thomas, Rapid City Amber Richey, Deadwood ALTERNATIVE DISPUTE RESOLUTION Bobbi Thury, Sioux Falls Lara Roetzel, Rapid City Holly Behrens, Sioux Falls Matthew Tobin, Sioux Falls Jason Rumpca, Sioux Falls Patrick Burns, Minneapolis, MN Rodrick Tobin, Aberdeen Traci Smith, Sioux Falls Corey Denevan, Sioux Falls Paul Tschetter, Sioux Falls Jeffery Tronvold, Pierre Charles Dorothy, Sioux Falls Jordan Veurink, Sioux Falls Daniel VanGorp, Philip Catherine Duenwald, Pierre TJ Von Wald, Sioux Falls Hon. David Gienapp, Madison CONTINUING LEGAL EDUCATION Amanda Work, Winner Chet Groseclose, Sioux Falls Tara Adamski, Pierre Katie Johnson, Beresford Stanton Anker, Sioux Falls Matt Konenkamp, Pierre Thomas Clayton, Sioux Falls Gregg Magera, Aberdeen Meghan Dilges, Pierre Michael McKnight, CH, Sioux Falls Greg Eiesland, Rapid City Greg Peterson, Aberdeen Alecia Fuller, Rapid City 1 35 DEBTOR-CREDITOR Nicole Emerson, Sioux Falls Lindsey Quasney, Sioux Falls Thomas Ashby, Omaha, NE Greg Erlandson, Rapid City Michael Snyder, Sioux Falls Laura Ask, Sioux Falls Marc Feinstein, Sioux Falls Gary Thimsen, Sioux Falls Patrick Dougherty, Sioux Falls Lonald Gellhaus, Aberdeen Keith Gauer, Sioux Falls Karen Gourley, Sioux Falls FAMILY LAW Sara Greff-Dannen, Sioux Falls Lindsey Harris, Sioux Falls Beth Baloun, Sioux Falls Robert Hayes, Sioux Falls John Heisler, Sioux Falls Jeff Beck, Sioux Falls Eric Kerkvliet, Sioux Falls Hon. Janine Kern, Rapid City Gregory Brewers, Sioux Falls John Mullen, Sioux Falls Hon. David Knoff, Yankton Mary Burd, Sioux Falls Robert Nelson, CH, Sioux Falls Gregory Litton, Rapid City Margaret Gillespie, Sioux Falls Lee Ann Pierce, Brookings Lisa Maguire, Sioux Falls Jennifer Goldhammer, Brookings John Richter, Pierre Robert Martin, Rapid City Thomas Keller, Sioux Falls Eric Ronke, Sioux Falls Martin Oyos, Sioux Falls Kristen Kochekian, Redfield Torrey Sundall, Sioux Falls Howard Paulson, Sioux Falls Kyle Krause, Rapid City Brian Utzman, Rapid City Michael Porter, Rapid City Tiffani Landeen, Sioux Falls Thomas Simmons, CH, Vermillion Denise Langley, Pierre DIVERSITY AND INCLUSION Lori Skibbie, Minneapolis, MN Eric Lovro, Sioux Falls Hon. Joni Cutler, Sioux Falls Douglas Thesenvitz, Sioux Falls Donald McCarty, Brookings Hon. Francy Foral, Sturgis Bobbi Thury, Sioux Falls Chris McClure, Sioux Falls Robert Frieberg, Beresford Stephen Wesolick, Rapid City Lorie Melone, Rapid City Neil Fulton, Pierre Rebecca Wilson, Sioux Falls Kathryn Morrison, Sioux Falls Taneeza Islam, Sioux Falls Melissa Neville, Aberdeen Cesar Juarez, CH, Sioux Falls ETHICS Melissa Nicholson Breit, Sioux Falls Denise Langley, Pierre Ellie Bailey, Pierre Kari Nordstrum, Rapid City Tamara Nash, Sioux Falls John Billion, Sioux Falls Kylie Riggins, Rapid City Erika Olson, Rapid City Jeffrey Bratkiewicz, Sioux Falls Beth Roesler, Yankton Stephanie Pochop, Gregory Kim Dorsett, Aberdeen Marilyn Trefz, Vermillion Alison Ramsdell, Sioux Falls Douglas Fosheim, Huron Linda Lea Viken, Rapid City Marie Ruettgers, Rapid City Alecia Fuller, Rapid City Debra Watson, Rapid City Eric Schulte, Sioux Falls Neil Fulton, CH, Pierre Dava Wermers, Mitchell Thomas Simmons, Vermillion Sandra Hoglund Hanson, Sioux Falls Terri Williams, CH, Rapid City Mike Traxinger, Aberdeen Taylor Hayes, Sioux Falls Amanda Work, Winner Eric Kelderman, Rapid City IMMIGRATION LAW Christopher Madsen, Sioux Falls Amanda Bahena, Sioux Falls EDUCATION Donald McCarty, Brookings Casey Eekhoff, Sioux Falls Kate Bartell-Nowak, Sioux Falls Wendy McGowen, Rapid City Henry Evans, Sioux Falls Guiherme Costa, Pierre Sander Morehead, Sioux Falls Janice Godltand, Sioux Falls Holly Farris, Pierre Sarah Morrison, Rapid City Sandi Haeuszer, Sioux Falls Jennifer Frank, Rapid City Mike Schaffer, Sioux Falls Taneeza Islam, Sioux Falls Tracy Greene, Brookings Thomas Simmons, Vermillion Anna Kerner Andersson, Dakota Robert Griggs, Sioux Falls Ryan Snell, Sioux Falls Dunes Gerald Kaufmann, Pierre Alison Ramsdell, Sioux Falls Samuel Kerr, CH, Rapid City EVIDENCE Kari Scofield, CH, Sioux Falls Gene LeBrun, Rapid City Daniel Brendtro, Sioux Falls Lisa Marso, Sioux Falls John Burke, Co-CH, Rapid City Tate Means, Pine Ridge Carla Cushman, Rapid City Paul Sedlacek, Rapid City Richard Dale, Sioux Falls James Shekleton, Pierre Hon. Natalie Damgaard, Canton Bradley Gordon, Belle Fourche ELDER LAW Chris Hutton, Vermillion Brenda Ask, Canton Stephen Landon, Sioux Falls Joe Barnett, Aberdeen Jeff Larson, Sioux Falls Matthew Bock, Sioux Falls Barbara Lewis, Rapid City Erika Campbell, Spearfish Matthew Murphy, Co-CH, Sioux Falls JoAnn Dickinson, Sioux Falls Donald Porter, Rapid City Aaron Eiesland, Rapid City Eric Preheim, Sioux Falls

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36 DEBTOR-CREDITOR Nicole Emerson, Sioux Falls Lindsey Quasney, Sioux Falls INDIAN LAW Jason Unger, Flandreau LAW PRACTICE MANAGEMENT Thomas Ashby, Omaha, NE Greg Erlandson, Rapid City Michael Snyder, Sioux Falls Kirk Albertson, Pierre James Wefso, Rapid City Beth Baloun, Sioux Falls Laura Ask, Sioux Falls Marc Feinstein, Sioux Falls Gary Thimsen, Sioux Falls Margaret Bad Warrior, Eagle Butte Ashley Wenger-Slaba, Sioux Falls Jordan Bordewyk, Rapid City Patrick Dougherty, Sioux Falls Lonald Gellhaus, Aberdeen Tim Billion, Sioux Falls Timothy Bottum, Mitchell Keith Gauer, Sioux Falls Karen Gourley, Sioux Falls FAMILY LAW Curtis Carrol, Eagle Butte JUDICIAL BAR LIAISON Kristen Kochekian, Redfield Sara Greff-Dannen, Sioux Falls Lindsey Harris, Sioux Falls Beth Baloun, Sioux Falls Leonika Charging, Omaha, NE Robert Anderson, Pierre Janet Olson, Sioux Falls Robert Hayes, Sioux Falls John Heisler, Sioux Falls Jeff Beck, Sioux Falls Meghan Dilges, Pierre Mark Arndt, Sioux Falls Sara Show, CH, Sioux Falls Eric Kerkvliet, Sioux Falls Hon. Janine Kern, Rapid City Gregory Brewers, Sioux Falls Deborah DuBray, Rapid City Lonnie Braun, Rapid City Anthony Teesdale, Brookings John Mullen, Sioux Falls Hon. David Knoff, Yankton Mary Burd, Sioux Falls Cheryl DuPris, Pierre Renee Christensen, Sioux Falls Doug Thesenvitz, Sioux Falls Robert Nelson, CH, Sioux Falls Gregory Litton, Rapid City Margaret Gillespie, Sioux Falls Shaun Eastman, Agency Village Greg Eiesland, Rapid City Greg Wheeler, Sioux Falls Lee Ann Pierce, Brookings Lisa Maguire, Sioux Falls Jennifer Goldhammer, Brookings James Eirinberg, Sioux Falls Thomas Frankman, CH, Sioux Falls Sheila Woodward, Yankton John Richter, Pierre Robert Martin, Rapid City Thomas Keller, Sioux Falls Hon. Robert Gusinsky, Rapid City William Garry, Sioux Falls Eric Young, Vermillion Eric Ronke, Sioux Falls Martin Oyos, Sioux Falls Kristen Kochekian, Redfield Dana Hanna, Rapid City Hon. Chief Justice David Gilbertson, Pierre Colleen Zea, Sioux Falls Torrey Sundall, Sioux Falls Howard Paulson, Sioux Falls Kyle Krause, Rapid City Stacy Hegge, Pierre Anthony Hohn, Sioux Falls Brian Utzman, Rapid City Michael Porter, Rapid City Tiffani Landeen, Sioux Falls Phil Hogen, Black Hawk Gary Jensen, Rapid City LAW SCHOOL Thomas Simmons, CH, Vermillion Denise Langley, Pierre Brendan Johnson, Sioux Falls Stacy Johnson, Aberdeen Douglas Barnett, Sioux Falls DIVERSITY AND INCLUSION Lori Skibbie, Minneapolis, MN Eric Lovro, Sioux Falls Denise Langley, Pierre Hon. Janine Kern, Rapid City Hon. Chief Justice David Gilbertson, Pierre Hon. Joni Cutler, Sioux Falls Douglas Thesenvitz, Sioux Falls Donald McCarty, Brookings JR LaPlante, Sioux Falls Hon. Heidi Linngren, Rapid City Robert Hayes, Sioux Falls Hon. Francy Foral, Sturgis Bobbi Thury, Sioux Falls Chris McClure, Sioux Falls Cheryl Laurenz-Bogue, Dupree David Lust, Rapid City Hon. Douglas Hoffman, Sioux Falls Robert Frieberg, Beresford Stephen Wesolick, Rapid City Lorie Melone, Rapid City Lori Miner, Lower Brule Hon. Carmen Means, Watertown Jeff Larson, Sioux Falls Neil Fulton, Pierre Rebecca Wilson, Sioux Falls Kathryn Morrison, Sioux Falls Alvin Pahlke, Winner Ann Mines-Bailey, Pierre Sarah Richardson Larson, Sioux Falls Taneeza Islam, Sioux Falls Melissa Neville, Aberdeen Seth Pearman, CH, Flandreau Thomas Nicholson, Sioux Falls Hon. Heidi Linngren, Rapid City Cesar Juarez, CH, Sioux Falls ETHICS Melissa Nicholson Breit, Sioux Falls Frank Pommersheim, Vermillion Hon. Jane Pfeifle, Rapid City Marshall Lovrien, CH, Aberdeen Denise Langley, Pierre Ellie Bailey, Pierre Kari Nordstrum, Rapid City Shane Pullman, Rapid City James Power, Sioux Falls Donald McCarty, Brookings Tamara Nash, Sioux Falls John Billion, Sioux Falls Kylie Riggins, Rapid City Matthew Rappold, Mission Brian Radke, Sioux Falls Bob Morris, Belle Fourche Erika Olson, Rapid City Jeffrey Bratkiewicz, Sioux Falls Beth Roesler, Yankton Tom Simmons, Vermillion Greg Sattizahn, Pierre Matt Murphy, Sioux Falls Stephanie Pochop, Gregory Kim Dorsett, Aberdeen Marilyn Trefz, Vermillion Tom Sorensen, Vermillion Hon. Patrick Smith, Mitchell Tamara Nash, Sioux Falls Alison Ramsdell, Sioux Falls Douglas Fosheim, Huron Linda Lea Viken, Rapid City Ron Volesky, Huron Hon. Marya Tellinghuisen, Rapid City Hon. Craig Pfeifle, Rapid City Marie Ruettgers, Rapid City Alecia Fuller, Rapid City Debra Watson, Rapid City Roy Wise, Aberdeen Pamela Reiter, Sioux Falls Eric Schulte, Sioux Falls Neil Fulton, CH, Pierre Dava Wermers, Mitchell IN-HOUSE COUNSEL Joshua Zellmer, Sioux Falls Hon. Susan Sabers, Sioux Falls Thomas Simmons, Vermillion Sandra Hoglund Hanson, Sioux Falls Terri Williams, CH, Rapid City Derek Bertsch, Sioux Falls Lee Schoenbeck, Watertown Mike Traxinger, Aberdeen Taylor Hayes, Sioux Falls Deb Birgen, Sioux Falls LABOR/EMPLOYMENT LAW Eric Schulte, Sioux Falls Amanda Work, Winner Eric Kelderman, Rapid City IMMIGRATION LAW Sarah Bouwman, Sioux Falls Jean Bender, Sioux Falls Sarah Theophilus, Sioux Falls Christopher Madsen, Sioux Falls Amanda Bahena, Sioux Falls Carla Cushman, Rapid City A. Stevenson Bogue, Omaha Mary Thorstenson, Rapid City EDUCATION Donald McCarty, Brookings Casey Eekhoff, Sioux Falls Michael Diedrich, Rapid City Melanie Carpenter, Sioux Falls Paul Tschetter, Sioux Falls Kate Bartell-Nowak, Sioux Falls Wendy McGowen, Rapid City Henry Evans, Sioux Falls Matthew Dorothy, Harrisburg Joseph Dreesen, Omaha, NE Mark Vargo, Rapid City Guiherme Costa, Pierre Sander Morehead, Sioux Falls Janice Godltand, Sioux Falls Elizabeth Duffy, Sioux Falls Jennifer Frank, Rapid City Terry Westergaard, Rapid City Holly Farris, Pierre Sarah Morrison, Rapid City Sandi Haeuszer, Sioux Falls Joe Dylla, Sioux Falls Shannon George-Larson, Sisseton Jennifer Frank, Rapid City Mike Schaffer, Sioux Falls Taneeza Islam, Sioux Falls Justin Goetz, Watertown Sarah Baron Houy, Rapid City LAWYER REFERRAL Tracy Greene, Brookings Thomas Simmons, Vermillion Anna Kerner Andersson, Dakota Robert Hollan, Sioux Falls Donald Knudsen, Rapid City Pat Goetzinger, Rapid City Robert Griggs, Sioux Falls Ryan Snell, Sioux Falls Dunes Julie Johnson, Mina Dennis Maloney, Aberdeen Maxx Hickey, Sioux Falls Gerald Kaufmann, Pierre Alison Ramsdell, Sioux Falls Adam Kirsch, Rapid City Lisa Marso, Sioux Falls Brian Kirby, Sioux Falls Samuel Kerr, CH, Rapid City EVIDENCE Kari Scofield, CH, Sioux Falls Amy Koenig, Rapid City Emily Maurice, Sioux Falls Amanda Miiller, CH, Pierre Gene LeBrun, Rapid City Daniel Brendtro, Sioux Falls Joel Landeen, Rapid City Kassie McKie Shiffermiller, Rapid City Alexa Moeller, Vermillion Lisa Marso, Sioux Falls John Burke, Co-CH, Rapid City Amy Lauck, Sioux Falls Nichole Mohning Roths, Sioux Falls Pamela Reiter, Sioux Falls Tate Means, Pine Ridge Carla Cushman, Rapid City Lee Magnuson, Sioux Falls Colleen Moran, Sioux Falls David Wheeler, Huron Paul Sedlacek, Rapid City Richard Dale, Sioux Falls Tate Means, Pine Ridge Amber Mulder, CH, Sioux Falls James Shekleton, Pierre Hon. Natalie Damgaard, Canton Jonathan Oostra, Sioux Falls Meghan Roche, Sioux Falls Bradley Gordon, Belle Fourche Ryan Petersen, Sioux Falls Beth Roesler, Sioux Falls ELDER LAW Chris Hutton, Vermillion Daniel Rafferty, Yankton James Shekleton, Pierre Brenda Ask, Canton Stephen Landon, Sioux Falls Matt Roby, Watertown Susan Simons, Sioux Falls Joe Barnett, Aberdeen Jeff Larson, Sioux Falls Robert Sahr, Madison Eric Young, Vermillion Matthew Bock, Sioux Falls Barbara Lewis, Rapid City Kristina Schaeffer, Sioux Falls Erika Campbell, Spearfish Matthew Murphy, Co-CH, Sioux Falls Mrg Simon, CH, Sioux Falls JoAnn Dickinson, Sioux Falls Donald Porter, Rapid City Torrey Sundall, Sioux Falls Aaron Eiesland, Rapid City Eric Preheim, Sioux Falls Michael Traxinger, Aberdeen

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37 LAWYERS ASSISTANCE Dwight Gubbrud, CH, Belle Fourche Sara Show, Sioux Falls Thomas Clayton, Sioux Falls Christopher Healy, Sioux Falls Hon. Rodney Steele, Brookings Ryan Darling, Blunt Brett Koenecke, Pierre Philip Stiles, Rapid City Henry Evans, Sioux Falls Max Main, Belle Fourche Nancy Turbak Berry, Watertown Tim Gebhart, Sioux Falls Scott Moses, Rapid City Laurence Zastrow, Scottsdale, AZ Gregg Greenfield, Sioux Falls Spencer Mosness, Rapid City Scott Hoy, Sioux Falls Margo Northrup, Pierre PATTERN JURY INSTRUCTIONS - Meaghan Janousek, Vermillion Erika Olson, Rapid City CRIMINAL Cesar Juarez, Sioux Falls Jess Pekarski, Rapid City Jason Adams, Sioux Falls Lon Kouri, Sioux Falls William Taylor, Sioux Falls Kirk Albertson, Pierre Renae Kruse, Sioux Falls Timothy Thomas, Rapid City Hon. Tami Bern, Yankton Sonia Larson, Sioux Falls Kellen Willert, Belle Fourche Paul Cremer, Pierre Robert Lewis, Rapid City Richard Williams, Pierre Hon. Patty DeVaney, Pierre Mark Marshall, Rapid City Tracy Zephier, Rapid City Amanda Eden, Canton Michael McKnight, Sioux Falls Koln Fink, Sioux Fall Patricia Meyers, Rapid City NEGLIGENCE AND TORT LAW Stephanie Kroeze, Rapid City Tamara Nash, Sioux Falls Doug Abraham, Pierre Constance Larson, CH, Sioux Falls Stephanie Pochop, CH, Gregory Steven Beardsley, Rapid City Jennifer Mammenga, Vice-CH, Sioux Rebecca Porter, Rapid City Michael Bornitz, Sioux Falls Falls Vincent Purtell, Sioux Falls John Burke, Rapid City Cullen McNeece, Pierre Matthew Roby, Watertown Renee Christensen, Sioux Falls Michael Miller, Sioux Falls Tom Sorensen, Vermillion Shannon Falon, Sioux Falls James Miskimins, Mitchell Alicia Garcia, Rapid City Lindsey Quasney, Sioux Falls LEGAL SERVICES Elizabeth Hertz, Sioux Falls Lindsey Riter-Rapp, Pierre John Buchy, Mission Kathy Hoskins, Sioux Falls Jason Rumpca, Sioux Falls Kimberly Dorsett, Aberdeen Jeffrey Hurd, Rapid City Hon. Mark Salter, Sioux Falls Andrew Fergel, Pierre Kim Lanham, Sioux Falls Heather Sazama, Rapid City Sarah Baron Houy, Co-CH, Rapid City Jolene Nasser, Sioux Falls Carrie Srtska, Sioux Falls Steven Huff, Yankton R. Alan Peterson, Sioux Falls Jeffery Tronvold, Pierre Denise Langley, Pierre Vince Purtell, Sioux Falls Eric Whitcher, Rapid City Ann Marie Michaels, Rosebud Michael Tobin, Sioux Falls Paul Winter, Rapid City Scott Moses, Rapid City Thomas Tonner, Aberdeen Ramon Ortiz, Vermillion Bram Weidenaar, CH, Sioux Falls PRACTICE RULES REVISION Reed Rasmussen, Aberdeen Mark Welter, Sioux Falls Mallori Barnett, Pierre Pamela Reiter, Sioux Falls Mindy Werder, Watertown Gregory Bernard, Rapid City Robert Riter, Pierre John Burke, Rapid City Eric Schulte, Co-CH, Sioux Falls PATTERN JURY INSTRUCTIONS - CIVIL Delia Druley, Sioux Falls Brent Thompson, Sioux Falls Hon. John Bastian, Belle Fourche Aaron Eiesland, Rapid City Marilyn Trefz, Vermillion Gregory Bernard, Rapid City Gregory Erlandson, Gregory Cheryl Valandra, Mission Michael Bornitz, Sioux Falls Shannon Falon, Sioux Falls Thomas Welk, Sioux Falls John Burke, Rapid City Jeffrey Hurd, Rapid City Jeffery Collins, Rapid City Meghann Joyce, Sioux Falls LIAISON WITH THE IRS Brian Donahoe, Sioux Falls Donald Knudsen, CH, Rapid City Steven Britzman, CH, Brookings Deliah Druley, Sioux Falls Shiloh MacNally, Rapid City Richard Moe, Sioux Falls William Fuller, CH, Sioux Falls Ann Mines-Bailey, Pierre John Raforth, Rapid City Hon. Cheryle Gering, Yankton Michelle Randall, Sioux Falls Hon. Douglas Hoffman, Sioux Falls Jay Schultz, Rapid City NATURAL RESOURCES John Hughes, Sioux Falls Hon. John Sogn, Sioux Falls Ashley Anson, Wessington Springs Kimberly Lanham, Sioux Falls Roger Sudbeck, Sioux Falls Steven Blair, Pierre Barbara Lewis, Rapid City Gary Thimsen, Sioux Falls Elliott Bloom, Rapid City Anna Limoges, Sioux Falls Ex-Officio: Jeffrey Collins, Rapid City Steven Morgans, Sioux Falls Shirley Jameson-Fergel, Pierre Kristen Edwards, Pierre Dean Nasser, Sioux Falls David Ganje, Rapid City Steven Oberg, Rapid City Dusty Ginsbach, Buffalo Mitchell O'Hara, Sioux Falls Thomas Graslie, Rapid City Cheri Raymond, Sioux Falls 4

38 PROJECT RURAL PRACTICE STRATEGIC PLAN WEBSITE REVIEW COMMITTEE Ashley Anson, White Lake Richard Casey, Co-CH, Sioux Falls Nathan Chicoine, Rapid City Margaret Bad Warrior, Dupree Aaron Eiesland, Rapid City Andrew Fergel, Pierre Amy Bartling, Gregory Andrew Fergel, Pierre Samuel Kerr, Rapid City Chris Beesley, Custer Hon. Francy Foral, Sturgis Scott Moses, Rapid City Ryan Cwach, Bloomfield, NE Thomas Frieberg, Beresford Colleen Zea, CH, Sioux Falls Jennifer English, Salem Patrick Goetzinger, Rapid City Thomas Frieberg, Beresford Terry Hofer, Rapid City WOMEN IN LAW Tom Geu, Vermillion Taneeza Islam, Sioux Falls Deb Birgen, Sioux Falls Hon. Chief Justice David Gilbertson, Pierre Samuel Kerr, Rapid City Megan Borchert, Pierre Justin Goetz, Watertown Margo Northrup, Pierre Nichole Carper, Sioux Falls Patrick Goetzinger, Co-CH, Rapid City Elizabeth Overmoe, Sioux Falls Hon. Natalie Damgaard, Sioux Falls Thomas Graslie, Rapid City Seth Pearman, Flandreau Delia Druley, Sioux Falls Robert Haivala, Sturgis Alison Ramsdell, Sioux Falls Nicole Griese, Hartford Thomas Keller, Sioux Falls Carrie Sanderson, Sioux Falls Roxanne Hammond, Pierre Kristen Kochekian, Redfield Mrg Simon, Sioux Falls Raleigh Hansman, Sioux Falls Sarah Larson, Gettysburg Kirsten Taggart, Coleman Laura Hensley, Sioux Falls Bob Morris, Co-CH, Belle Fourche Hon. Kathleen Trandahl, Co-CH, Winner Ann Hoffman, Sioux Falls Chad Nelson, Milbank Terry Westergaard, Rapid City Emily Lessin, Rapid City Thomas Nicholson, Sioux Falls Jennifer Williams, Rapid City Erika Olson, Rapid City Shane Penfield, Lemmon McLean Thompson Kerver, Rapid City Scott Peterson, Valentine VETERANS COMMITTEE Kristi Vetri, Box Elder Suzanne Starr, Pierre Kirk Albertson, Pierre Linda Lea Viken, Rapid City Amanda Work, Winner Kathryn Cahoy, Sioux Falls Kelsey Weber, Rapid City Justin Clarke, Sioux Falls Ashlee Wendt, CH, Sioux Falls SOLO AND SMALL FIRM Linton Clarke, Rapid City Dava Wermers, Mitchell Ashley Anson, White Lake Craig Evenson, Clear Lake Amanda Work, Winner Corey Bruning, Flandreau Casey Fideler, Sioux Falls Rosa Yaeger, Pierre James Craig, Sioux Falls Bruce Ford, Watertown Jennifer English, Salem Dusty Ginsbach, Buffalo WORKERS COMPENSATION Lewayne Erickson, Brookings Shannon Holstein, Rapid City Daniel Ashmore, Rapid City Vincent Foley, Watertown Edward Hruska, Pierre Jami Bishop, CH, Sioux Falls John Frederickson, Deadwood Darrell Jesse, Dakota Dunes Gene Bushnell, Rapid City Anita Fuoss, Murdo Amanda Kippley, Sioux Falls Eric DeNure, Sioux Falls Thomas Graslie, Co-CH, Rapid City Seth Klentz, Sioux Falls Kristi Holm, Sioux Falls Nicole Griese, Sioux Falls Gregory Litton, Rapid City Margo Tschetter Julius, Rapid City Katie Johnson, Co-CH, Beresford Donald McCarty, Brookings Christina Klinger, Pierre Richard Johnson, Sioux Falls Bob Morris, Belle Fourche Charles Larson, Sioux Falls Thomas Keller, Sioux Falls David Natvig, Kimball James Leach, Rapid City Kristen Kochekian, Redfield Philip Peterson, Beresford Brad Lee, Rapid City Sarah Larson, Gettysburg Jason Ravnsborg, Yankton Rebecca Mann, Rapid City Cheryl Laurenz Bogue, Faith Jim Seward, Rapid City James Marsh, Pierre Chris McClure, Sioux Falls Tracye Sherrill, Sioux Falls John McCoy, Rapid City Todd Miller, Sioux Falls Hon. Robert Spears, Watertown Jolene Nasser, Sioux Falls Bob Morris, Belle Fourche Hon. Greg Stoltenburg, Brookings Rick Orr, Sioux Falls Seth Nielsen, Minneapolis Hon. Gordon Swanson, Sturgis R. Alan Peterson, Sioux Falls Langu Okall, Sioux Falls John Taylor, Sioux Falls Catherine Sabers, Rapid City Michael Ortner, Hot Springs Sarah Theophilus, Co-CH, Sioux Falls Tracye Sherrill, Sioux Falls N. Bob Pesall, Flandreau Trevor Thielen, Rapid City Michael Simpson, Rapid City Glen Petersen, Tyler MN Gary Thimsen, Co-CH, Sioux Falls Justin Smith, Sioux Falls Greg Protsch, Howard Kellen Willert, Belle Fourche Bram Weidenaar, Sioux Falls Richard Rahn, Sioux Falls Danny Smeins, Britton Sandy Steffen, Gregory John Stekly, Platte Lisa VonWald, Selby

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39 State Bar of South Dakota Officers, Section Leadership, & Officers of Related Groups 2018-2019

Officers of the Bar William C, Garry, National Kelsey Parker, Rapid City Reed A. Rasmussen, Board Rep., Sioux Falls Disciplinary Board President, Aberdeen Christina L. Klinger, Ch., Pres.-Elect, Steve Huff, Attorneys Liability Pierre Yankton Protection Society (ALPS) Heather Lammers Bogard, Andrew Fergel, Executive Jeffrey T. Sveen, Director, Rapid City Director & Secretary- Aberdeen Julie M. Dvorak, Aberdeen Treasurer, Pierre William C. Garry, Sioux Falls Board of Bar Examiners Camela C. Theeler, Sioux Board of Bar Commissioners Susan M. Sabers, Ch., Sioux Falls Dennis L. Duncan, Parker Falls Terry G. Westergaard, Rapid Jason R.F. Sutton, Sioux Falls Jack H. Hieb, Aberdeen City Arthur M. Hopper, Larry M. Von Wald, Rapid Steve Willard, Lay Member, Watertown City Pierre Kellen B. Willert, Belle Neil Fulton, Pierre Robert B. Frieberg, Counsel, Fourche Jane Wipf Pfeifle, Hon., Rapid Beresford Roderick L. Tobin, Aberdeen City Richard M. Williams, Pierre Fellows of the American Bar McLean A. Thompson Kerver, Commission on Equal Access Foundation Rapid City to Our Courts Tom E. Geu, State Ch., Edward Hruska, Pierre Thomas J. Welk, Ch., Sioux Vermillion Josh Wurgler, Aberdeen Falls Dusty Ginsbach, Buffalo Steve Cutler, Vice Ch., Sioux Judges Association Aaron Pilcher, Huron Falls Hon. Mark Anderson, Jennifer M. Williams, Rapid Cheryl Hanna, Secretary, President City Rapid City Hon Doug Hoffman, Vice Colleen M. Zea, Sioux Falls Susan Jensen, Dakota Dunes President Honorable John L. Brown, Hon. Patty DeVaney, Access to Justice Pierre Secretary-Treasurer Denise Langley, Co- Thomas G. Fritz, Rapid City Coordinator, Pierre Gregory L. Sattizahn, Pierre Judicial Qualifications Elizabeth Overmoe, Co- Commission Coordinator, Sioux Falls Council of School Attorneys Kimberly Mortenson, Fort Ken Cotton, President, Pierre, Chair American Board of Trial Wagner Mark S. Roby, Watertown, Advocates Sam Kerr, Vice President, Vice Chair James C. Roby, President, Rapid City Hon. Bruce V. Anderson, Sioux Falls Gerald Kaufman, Armour, Secretary Gary D. Jensen, Secretary/Treasurer, Pierre Hon. Robin J. Houwman, Secretary/Treasurer, Rapid Jane Farrell, Hot Springs Sioux Falls City Rodney Freeman, Huron Rebecca Porter, Rapid City Thomas M. Frankman, Dwight Gubburd, Belle Timothy Engel, Pierre National Board Rep., Fourche Mark Haigh, Sioux Falls Sioux Falls Monte Hopper, Watertown

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40 Lawyers Concerned for James C. Roby South Dakota Bar Lawyers Glacial Lakes Bar - Dana J. Foundation Rebecca Porter, Co-Ch., Frohling Terry L. Hofer, Rapid City, Rapid City Brown County Bar – Ryan President Mary Dell Cody, Yankton, Co- Dell Thomas H. Frieberg, Ch., Sixth Circuit Bar – President-Elect, Beresford Kirsten Aasen, Rapid City Jeremy Lund Andrew Fergel, Sec.-Treas. Robert Burns, Minneapolis, Rosebud Bar – Amanda Work Bernie Christenson, Pierre MN Pennington County Bar – Eric C. Schulte, Sioux Falls Thomas Clayton, Sioux Falls Sarah Baron Houy Stephanie E. Pochop, Ryan Darling, Pierre Black Hills Criminal Defense Gregory John “Jack” Delaney, Rapid Bar – Robbie Rohl Pamela Reiter, Sioux Falls City Butte County Bar - Bob L. Carrie Srtska, Sioux Falls William Delaney, III, Sioux Morris Pat Goetzinger, Rapid City Falls Fourth Circuit Bar - Keith R. Harvey Jewett, IV, Aberdeen Frank Driscoll, Rapid City Smit Kimberley Mortenson, Pierre Henry Evans, Sioux Falls Fall River County Bar - Jane Tracey Ann Zephier, Rapid Gregg Greenfield, Sioux Falls M. Farrell City Sarah Baron Houy, Rapid City Thomas C. Barnett, Pierre James Jeffries, Rapid City Rocky Mountain Mineral Stephanie Judson, Pierre Renae Kruse, Sioux Falls Law Director Robert Lewis, Rapid City Dwight A. Gubbrud, Trustee, South Dakota Code James Margadant, Rapid City Belle Fourche Commission Mark Marshall, Rapid City Michael B. DeMersseman, Boyd McMurchie, Sioux Falls SD Association of Criminal Ch., Rapid City Steve Miller, Nehalem, OR Defense Lawyers Margaret V. Gillespie, Vice- Gary Pashby, Sioux Falls Ryan Kolbeck, President, Ch., Alcester Donald Porter, Rapid City Sioux Falls Brian G. Gosch, Rapid City Matthew Roby, Watertown Brad A. Schreiber, Vice- Sen. Arthur Rusch, Vermillion Robert “Robbie” Rohl, Rapid President, Pierre Thomas E. Lee, Pierre City Traci Smith, Secretary, Sioux Douglas D. Decker, Code Falls Counsel, Pierre Local Bar Presidents Joseph M. Kosel, Treasurer, Clay-Union Bar – Katie Lead SD Court Reporters Johnson Cheri Scharffenberg, Association First Circuit Bar - John P. Legislative Affiliate, Sioux Teresa Fink, President, Rapid Blackburn Falls City Yankton County Bar – Erich D. Sonny Walter, East River Tammy Stolle, President- K. Johnke Rep., Sioux Falls Elect, Aberdeen Second Circuit Bar – Ashley Alecia Fuller, West River Sandra Semerad, Secretary, Miles Rep., Rapid City Kayla Marsuka, Treasurer, Beadle County Bar – David Timothy J. Langley, Federal Rapid City Wheeler Rep., Sioux Falls Pat Beck, Past President, Brookings County Bar – Sioux Falls Abigail Howard Tri-County Bar County Bar – Abby Oftedal Codington County Bar –

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41 SD Defense Lawyers S.D. State’s Attorneys Trial Academy Association Association hoa J elk, h, io al chee, eiden, ic oe, eiden, aih all io all John ieald, ice Daid ienapp, adion ey eeaad, eiden eiden, Deadood Dick aey, io all lec, Rapid iy al achand, onnie an, Rapid iy ehann Joyce, ice ec Di aic aey elanie apene, io eiden, io all Reoce oeco, iee all Dola baha, eceay, dad ka , ay Jenen, Rapid iy, iee Dioeco oodinao ephanie ochop, eoy achay eeon, eae, Jey ille, h he Ji Roby, aeon bedeen oad, lk oine lin aen, io all ao D ohp, a lei acy, ici Dea eoilla, eillion eiden, iee Rhe ye, nd ici Jennie an nne, DR acan, d ici Uniform Laws Repeenaie, io all hane enield, h ici Commissioners S.D. Defense Lawyers hiophe hie, h ici ichael Deeean, Directors: lin ahlke, h ici eilaie iaion, Rapid iy illia ay, io all aa Roeel, h ici o e, eillion Rebecca ann, Rapid iy biail oad, ae Daid , Rapid iy Daniel Dy, Rapid iy Danny ein, ae ac einein, io all ia oollo, io all heyl oe, ae ian och, Rapid iy Richad eeon, ie SD Municipal Attorneys S.D. Trial Lawyers ebe, io all Association Association ene en, ie ak oone, eiden, J on ald eiden, ebe, Rapid iy eeid io all ay le, ice e, lecia lle, eidenlec, einon pin Rapid iy Je ank, nd ice e, aey liie, eceay on eae, io all Ro Denede, Dieco, Ryan olbeck, ediae ankon a eiden, io all ic Dai, Dieco, peaih aa aod, ecie Dieco, iee S.D. Paralegal Association Jennie edeick, eiden State Bar, ABA Delegates icki lake, ice liabeh eoe, on eiden aye, io all Jackie had, nd ice aah hap heophil, eiden ae a, io all icoia enon, eceay Richad ai, , io onnie oola, eae all oney anden e, iaion Student Bar Association Jenna chei, eiden, eillion

42 SD a Soo Asory oen n a on ae eieheny, eiden, Roy ie, eiden, eillion bedeen Reed Raen, ice on ayers Seton eiden, bedeen aaa ah, eiden, aen n, eceay, io all peaih ahan hicoine, ice Denni Dncan, ici, eiden, Rapid iy ake aie ka, ia Rohchadl, eceayeae, io ici, yndall all illia ay, nd ici, Jin Johnon, ici, io all ichell ay kkean, nd nhony on, nd ici, ici, io all io all Richad icon, d iany cnih, d ici, adion ici, ookin had elon, d ici, ick eeon, h ici, ilbank peaih eahe ae oad, Ryan Dell, h ici, h ici, Rapid iy bedeen Robe Rie, J, h olly ai, h ici, ici, o iee iee illia an ap, J, aie hieille, h h ici, iee ici, Rapid iy hley a, h ici, eley noe, ae, io Rapid iy all ian a, h ici, Rapid Jenna chei, a den, iy eillion en R le, ae, io all Robe aye, ae, io all ailyn J abe, ae, io iy,

icio on Daid ilbeon, iee hoa iebe, io all ey oe, Rapid iy hoa ane, J, iee hoa e, Deana chool, eillion ahall oien, a chool o h, bedeen aa he, D ondaion, eillion

If there are any corrections that need to be made to either the Committee Assignments or the Officers of Related Groups, please email those changes to Beth at [email protected]. 43 STRESS and DEPRESSION HELP Contact information for the regional mental health centers in South Dakota is located at August 2018 www.statebarofsouthdakota.com (“For SDBAR Members” Under the Health & Wellness tab, click on the Stress/Depression/Addiction link. We have reached an understanding with all these centers Official Publication of the State Bar of South Dakota and all will honor our agreement. If you are stressed out or you believe that you may be suffering from depression, the State Bar If you wish to advertise in our publication or post encourages you to seek a professional evaluation. If job opportunities, please contact: you don’t have insurance or otherwise lack the Tracie at [email protected]. financial resources, the State Bar project, funded by ALPS and the SD Bar Foundation, will cover The deadline for submissions in the newsletter is the evaluation and several follow-up th counseling sessions if indicated. You need the 26 of each month, excluding December and rd only schedule the appointment and show them your February when it is the 23 of the month. If the 2018 active membership card. This is a deadline falls on a weekend, the deadline is the confidential project. Counseling records are not, Friday prior. repeat, are not made available to the State Bar. We just pay the bill for those who can’t afford it, up to the limit of $500 per lawyer. Address Changes: email [email protected] or log in to your If you have a law partner or lawyer friend that you profile at www.statebarofsouthdakota.com believe may be suffering from stress and depression, visit with them. Encourage this lawyer to consider having an evaluation. Depression caught at the early stages prior to becoming chronic is much, much Board of Bar Commissioners: easier to address. In just a few counseling sessions, President – Reed A. Rasmussen, Aberdeen you/your friend can learn techniques to deal with the President Elect – Steven K. Huff, Yankton stress more effectively in our lives, whether personal Executive Director & Secretary/Treasurer – or professional. Andrew L. Fergel, Pierre 1st Circuit - Dennis Duncan, Parker 2nd Circuit - Jason Sutton, Sioux Falls 3rd Circuit - Arthur Monte Hopper, Watertown 4th Circuit - Kellen Willert, Belle Fourche 5th Circuit - Rodrick Tobin, Aberdeen 6th Circuit - Rich Williams, Pierre SOLACE PROGRAM 7th Circuit - McLean Thompson Kerver, Rapid City At Large - Dusty Ginsbach, Buffalo If you are aware of anyone within in the South Dakota Jennifer Williams, Rapid City Legal Community (lawyers, law office personnel, Joshua Wurgler, Aberdeen judges, courthouse employees, or law students) who Edward S. Hruska III, Pierre have suffered a sudden and/or catastrophic loss due Aaron Pilcher, Huron to an unexpected event, illness, or injury, the South Colleen Zea, Sioux Falls Dakota SOLACE Program may be able to assist. Please contact [email protected] if you, or someone you know, could benefit from this program.

We have a statewide (and beyond) network of generous South Dakota attorneys willing to get involved and help. We do not solicit cash but can assist with contributions of clothing, housing, transportation, medical community contacts, and a myriad of other possible solutions through the thousands of contacts available through the State Bar of South Dakota and its membership.

45 Job Postings and Classified Advertisements CLASSIFIEDS Contact | Email your employment announcement to [email protected] by August 26th to have it included in the September newsletter. Please be sure to include a closing date. To see more jobs listings, visit www.statebarofsouthdakota.com. ATTORNEYS with Native American and low income clients. Applicant must have at least one year’s experience in LITIGATION ASSOCIATE: Sioux Falls, SD the practice of poverty law or Indian law, with trial Donahoe Law Firm P.C. is seeking a litigation associate and appellate experience in state and federal courts or with 2-5 years of experience. The position will focus two years’ experience in the general practice of law. If on practice support and client contact, including Applicant does not possess this experience we would research and brief writing, trial preparation and consider Applicant for a staff attorney position until participation in the areas of agricultural, construction qualified to be a Managing Attorney. and railroad law and complex litigation before public SALARY: Competitive, depending on experience. bodies or agencies, and the state and federal courts DPLS has an excellent fringe benefits package in South Dakota, Minnesota and Iowa. Work will including generous leave benefits and employee primarily be in litigation, although development insurance coverage (medical, dental, life, disability). in other areas of the law is anticipated. Candidates CLOSING DATE: September 15, 2018. should possess excellent research and writing skills, APPLICATION INFORMATION: Please submit some trial experience, a desire to learn new areas a letter of interest and resume to: John J. Buchy, of the law, an interest in practicing using the latest Executive Director, Dakota Plains Legal Services, PO developments in technology and the ability to engage Box 727, Mission, SD 57555, (605) 856-4444, dpls1@ in the development of the firm. Applicants should gwtc.net be licensed in South Dakota. All applications will be held in confidentiality. Please send a cover letter and Native Americans, Women and Minorities are resume to: Donahoe Law Firm, P.C., 401 East 8th encouraged to apply. Dakota Plains Legal Services is Street, Suite 215, Sioux Falls, SD, 57103. an Equal Opportunity Employer.

Managing Attorney: Fort Thompson, SD Business Attorney: Sioux Falls DAKOTA PLAINS LEGAL SERVICES (DPLS), a The Goosmann Law Firm is seeking a Business non-profit legal services program, has an opening for Attorney to join its high growth firm and deliver a Managing Attorney position in our Fort Thompson, quality timely legal advice. We provide a WOW client South Dakota, branch office. The Fort Thompson experience, keep up with the pace of business, under- office serves the Crow Creek and Lower Brule Indian promise and overdeliver. Our service attracts great Reservations in South Dakota and Brule, Buffalo, national and industry leading clients. We partner Hughes, Hyde, Lyman, Stanley and Sully counties in with our clients to anticipate their legal needs in a fast- South Dakota. paced, positive, goal driven, productive culture that QUALIFICATIONS/RESPONSIBILITIES: Applicants encourages and rewards productivity, excellence, team- must have a JD degree and be licensed to practice, or work, a giving mindset, integrity and professionalism. by reciprocity be able to obtain a license to practice, in Goosmann Law Firm places strong emphasis on South Dakota, or be qualified to take the next South leveraging strengths, technology, marketing, training, Dakota Bar Exam; must be a bright, motivated, self- and coaching. Deal making lawyers work with starter; must have the tenacity to assume immediate business owners and executives in our business practice responsibilities, including handling a transactional law department that has completed over significant caseload touching on many different two billion dollars in deals. areas of law with regular appearances in court; must Salary and bonus structure are competitive and demonstrate an interest in poverty law and working based on performance. Benefits include unlimited 46 PTO, 401K, health insurance, vision, dental, flex kept confidential. spending account, short term disability, life insurance, Requirements: annual CLE budget, paid bar dues and professional 3+ years of experience in a comparable position and/or memberships, iPhone, laptop, desktop, office furniture, relevant practice; paid parking, training, staff and administrative JD from an ABA accredited law school; support. This is an opportunity for top candidates to In good standing with South Dakota State Bar become part of a growing law firm where passion fuels Association; success. Our team feels it’s WORTH IT! Civil trial experience in state and federal court; South Dakota bar license required. Ideal candidates Motivated to build a litigation practice in Sioux Falls. are top performers with five or more years of legal Salary and benefits will be competitive with the market experience. Please send a resume and cover letter and the candidate’s skills. to Human Resources Generalist, Marit Westrich at Please send resumes and references to marndt@ [email protected]. Goosmann Law mayjohnson.com. Firm is an equal opportunity employer. All inquiries will remain confidential. STAFF ATTORNEY: SISSETON, SD DAKOTA PLAINS LEGAL SERVICES (DPLS), a non- Attorney: Sioux Falls profit legal services program, has an opening for a Staff Homestead Holdings, Inc. is seeking to add an attorney Attorney position in our Sisseton, South Dakota, office. to its I.R.C. §1031 tax-deferred exchange business - The Sisseton office serves the Lake Traverse, Flandreau Homestead Escrow and Exchange Company. This and Yankton Indian Reservations in South Dakota position will focus on providing information and and Grant, Roberts and Charles Mix counties in South guidance to attorneys, tax advisors, and potential Dakota, as well as Native Americans in the eastern half exchangers on the rules and regulations related to of South Dakota. 1031 exchanges, which includes the identification of QUALIFICATIONS/RESPONSIBILITIES: Applicants issues and complications associated with the proposed must have a JD degree and be licensed to practice, or exchange plan, and aiding in the explanation of by reciprocity be able to obtain a license to practice, in potential solutions and exchange structures that can South Dakota, or be qualified to take the next South be used to achieve the desired goals. Full training Dakota Bar Exam; must be a bright, motivated, self- on 1031 exchanges will be provided by existing starter; must have the tenacity to assume immediate attorneys making prior knowledge of tax deferred practice responsibilities, including handling a exchanges a strong positive but not a requirement. significant caseload touching on many different areas The ideal candidate must have strong oral and written of law with regular appearances in court; and must communication skills and the ability to work with demonstrate an interest in poverty law and working both professional and non-law trained clients. Prior with Native American and low income clients. experience or education in the areas of federal income SALARY: Competitive, depending on experience. tax and real property law are essential. Position DPLS has excellent fringe benefits, including generous includes competitive pay, health and other benefits, leave benefits and employee insurance coverage and the opportunity for growth with the expansion of (medical, dental, life, disability). the business. Candidates must be licensed or planned CLOSING DATE: September 15, 2018. to be licensed in South Dakota, Minnesota, Iowa, and/ APPLICATION INFORMATION: Please submit or Nebraska. Please send a cover letter and resume to a letter of interest and resume to: John J. Buchy, Eric Hanson, [email protected]. Executive Director, Dakota Plains Legal Services, PO Box 727, Mission, SD 57555, (605) 856-4444, dpls1@ gwtc.net. Senior Associate: Sioux Falls The Sioux Falls law firm of May & Johnson, P.C. is currently seeking a Senior Associate to join our litigation team. The candidate should have the experience to immediately handle files, conduct discovery, and appear in court. All inquiries will be 47 Managing Attorney: Mission, South Dakota proceedings or actions necessitate the involvement of DAKOTA PLAINS LEGAL SERVICES (DPLS), a non- legal counsel; and serves as an additional legal resource profit legal services program, is accepting applications to the Director and Litigation/Collection Manager for a Managing Attorney position in our Mission, of AMI with respect to the collection of such patient South Dakota, branch office. The Mission office accounts. serves the Rosebud Sioux Indian Reservation in South REQUIRED EDUCATION and/or EXPERIENCE: Dakota and Gregory, Jones, Mellette, Todd and Tripp Juris Doctor required; BS or BA in Business preferred. counties in South Dakota. REQUIRED CERTIFICATION, LICENSURE, and/or QUALIFICATIONS/RESPONSIBILITIES: Applicants REGISTRATIONS: must have a JD degree and be licensed to practice, or · Attorney duly licensed to practice in the state of by reciprocity be able to obtain a license to practice, in South Dakota. South Dakota, or be qualified to take the next South · Current Iowa License to practice law in good stand Dakota Bar Exam; must be a bright, motivated, self- ing, or minimum 5 years of law practice (litigation starter; must have the tenacity to assume immediate emphasis) with the ability to obtain Iowa Licensure practice responsibilities, including handling a within 6 months of employment. significant caseload touching on many different · Ability to obtain additional law licensure within areas of law with regular appearances in court; must other states as deemed necessary by AMI (Nebraska demonstrate an interest in poverty law and working and/or Minnesota). with Native American and low income clients. · This position requires a valid driver's license, and Applicant must have at least one year’s experience in that the employee is insurable by the Avera Health the practice of poverty law or Indian law, with trial automobile liability insurance carrier. and appellate experience in state and federal courts or · Responsible for maintaining CLE requirements in all two years’ experience in the general practice of law. If states in which licensed to practice. Applicant does not possess this experience we would consider Applicant for a staff attorney position until MANAGING ATTORNEY: EAGLE BUTTE, SD qualified to be a Managing Attorney. DAKOTA PLAINS LEGAL SERVICES (DPLS), a SALARY: Competitive, depending on experience. non-profit legal services program, has an opening for a DPLS has an excellent fringe benefits package Managing Attorney position in our Eagle Butte, South including generous leave benefits and employee Dakota, branch office. The Eagle Butte office serves insurance coverage (medical, dental, life, disability). Cheyenne River Indian Reservation in South Dakota CLOSING DATE: September 15, 2018. and Dewey, Haakon, Potter and Ziebach counties in APPLICATION INFORMATION: Please submit South Dakota. a letter of interest and resume to: John J. Buchy, QUALIFICATIONS/RESPONSIBILITIES: Applicants Executive Director, Dakota Plains Legal Services, PO must have a JD degree and be licensed to practice, or Box 727, Mission, SD 57555, (605) 856-4444, dpls1@ by reciprocity be able to obtain a license to practice, in gwtc.net South Dakota, or be qualified to take the next South Native Americans, Women and Minorities are Dakota Bar Exam; must be a bright, motivated, self- encouraged to apply. Dakota Plains Legal Services is starter; must have the tenacity to assume immediate an Equal Opportunity Employer. practice responsibilities, including handling a significant caseload touching on many different Litigation Staff Attorney: Avera in Sioux Falls areas of law with regular appearances in court; must The Staff Attorney-Litigation, is responsible for demonstrate an interest in poverty law and working providing any and all legal services for collection of with Native American and low income clients. primarily out-of-state patient accounts on behalf of Applicant must have at least one year’s experience in Accounts Management, Inc. ("AMI"); responsible for the practice of poverty law or Indian law, with trial assisting with AMI claims and county poor relief and appellate experience in state and federal courts or claims of Avera Health hospitals in the state of South two years’ experience in the general practice of law. If Dakota, time permitting and as requested by the Avera Applicant does not possess this experience we would Patient Accounts Attorney, to the extent that such consider Applicant for a staff attorney position until 48 qualified to be a Managing Attorney. with MS Office Suite. Non-smoker preferred. Strong SALARY: Competitive, depending on experience. organization skills and attention to detail. Excellent DPLS has an excellent fringe benefits package customer service and communication skills – verbal including generous leave benefits and employee and written. Ability to adapt easily to a constantly insurance coverage (medical, dental, life, disability). changing environment, juggle multiple tasks and CLOSING DATE: September 15, 2018. prioritize work to maintain efficiency. Ability to APPLICATION INFORMATION: Please submit take initiative and work as part of a team. Ability a letter of interest and resume to: John J. Buchy, to think strategically and tactically. Creative Executive Director, Dakota Plains Legal Services, PO problem resolution skills. Ability to consistently Box 727, Mission, SD 57555, (605) 856-4444, dpls1@ meet and exceed targeted business metrics. To gwtc.net Apply: Submit cover letter, resume and references Native Americans, Women and Minorities are to [email protected] or complete the encouraged to apply. Dakota Plains Legal Services is online Employment Application found at www. an Equal Opportunity Employer. cathompsonlaw.com/employment-opportunities. Opened until filled. Lead Estate Planning Attorney: Sioux Falls Thompson Law, P.C. is an established, estate planning Deputy Public Defender: Deadwood, SD law firm in Sioux Falls whose mission is to provide The Lawrence County Public Defender’s Office is families with quality estate planning resources. Our seeking applications for a full-time Deputy Public law firm specializes in estate planning for the unique Defender position. Duties of the position are as needs of family businesses and farms. We help clients follows: Representation of indigent clients through all preserve their financial wealth through a holistic stages of the state court system in criminal and some approach to estate planning where life stories and civil matters. This includes pre-trial proceedings, family heirlooms are prepared for future generations. motions, various court hearings and jury trials in Thompson Law is a great place to work for those who criminal matters, appeals, habeas corpus proceedings, enjoy a family friendly environment where serving abuse and neglect actions, and juvenile proceedings. the clients’ needs is the highest priority. It is a busy The successful applicant must possess a J.D. degree office where each staff member is valued and relied and be a current member in good standing or eligible upon for team success. Career growth is encouraged, for admission to the South Dakota Bar. Criminal trial and opportunities are available for those who have the experience or clinical program experience in criminal desire to succeed. law are preferred. Applicant must be a resident of Position Description- The Estate Planning Attorney Lawrence County or willing to become a resident is the cornerstone of the law firm’s service fulfillment within eleven months of start date. Applications will efforts. This person is responsible for helping people be reviewed until position is filled with a start date achieve their estate planning goals. The Estate Planning dependent upon applicant’s availability. Salary will Attorney consults with prospective clients, drafts and be a range of $60,197.40 - $71,664.06. (Dependent reviews estate planning documents and manages estate upon experience) Lawrence County offers health, administration and probate matters. This person has dental and life insurance, paid vacation and sick leave a high degree of responsibility and directs the efforts and retirement benefits. Please contact the Office of other staff in client support, document production of the Lawrence County Public Defender for more and execution services. This person will be responsible information at (605) 578-3000. to support the organization with expert knowledge of A résumé and writing sample can be submitted estate planning law and application. to: Amber L. Richey, Chief Deputy, Office of the Skills - Warm friendly person with excellent people Lawrence County Public Defender, 90 Sherman Street, skills and excellent counseling skills. Excellent listener Deadwood, SD 57732. who enjoys working with older people. Ability to explain estate planning subjects in layman’s terms. Energetic, highly professional, team-oriented. Professional appearance and attire required. Excellent verbal and written communication skills. Familiarity 49 Staff Attorney: Sioux Falls, SD reciprocity be able to obtain a license to practice, in Disability Rights South Dakota is currently seeking South Dakota, or be qualified to take the next South an attorney for the position of Staff Attorney Dakota Bar Exam; have at least one year of experience and Protective & Advocacy of Individual Rights in the practice of poverty law or Native American law Program Director in the Sioux Falls, SD office. The with trial experience in state and federal courts or two primary purpose of this position is to provide legal years of experience in the general practice of law; have representation to clients of Disability Rights South a demonstrated interest in poverty law and sensitivity Dakota and perform oversight of program(s) within to the legal needs of low income clients; have strong Disability Rights South Dakota. The successful writing skills; and be familiar with budgets or be candidate will hold a Juris Doctor degree with willing to learn. admission to the state bar or within six months of The Deputy Director assists the Executive Director hiring date; one to three years applicable law and in overseeing the operation of DPLS and will have litigation experience is preferred. The candidate primary responsibility for fundraising, overseeing should be highly motivated, organized, have excellent the Human Relations functions of DPLS, staff communication skills (written and oral), be detail development and training. orientated, and have an understanding of database SALARY: Competitive, depending on experience. programs. Other skills needed are the ability to meet DPLS has excellent fringe benefits, including generous and greet the public, work in a team environment, leave benefits and employee insurance coverage and have an understanding of the service delivery (medical, dental, life, disability). system. This position requires the incumbent to have CLOSING DATE: September 15, 2018. knowledge of grant management including compliance APPLICATION INFORMATION: Please submit to the sponsored programs at the local, state and/ a letter of interest and resume to: John J. Buchy, or federal levels (depending on granting agency). Executive Director, Dakota Plains Legal Services, PO The incumbent should have knowledge of state Box 727, Mission, SD 57555, (605) 856-4444, dpls1@ laws, programs, and issues concerning persons with gwtc.net. disabilities and understanding of a non-profit office Native Americans, Women and Minorities are environment. Competitive salary and full benefits are encouraged to apply. Dakota Plains Legal Services is provided. Position is open till closed. To apply please an Equal Opportunity Employer. include a letter of interest, resume, and writing sample to [email protected] or mail to: Staff Attorney: Sioux Falls Disability Rights South Dakota Attn. Sandy Hook - Executive Assistant DAKOTA PLAINS LEGAL SERVICES (DPLS), a 221 S. Central Avenue, Ste. 38 non-profit legal services program, has an opening Pierre, SD 57501 for a Staff Attorney position in our Sioux Falls, South For a detailed job description please visit the Dakota, office. The Sioux Falls office serves primarily employment page at www.drsdlaw.org. Native Americans in the vicinity of Sioux Falls and in the eastern half of South Dakota. This job requires at least two days of travel every week. Deputy Director: Mission QUALIFICATIONS/RESPONSIBILITIES: Applicants DAKOTA PLAINS LEGAL SERVICES (DPLS), a must have a JD degree and be licensed to practice, non-profit legal services program, has an opening or by reciprocity be able to obtain a license to prac- for a Deputy Director position in our Mission, South tice, in South Dakota, or be qualified to take the next Dakota, office. DPLS provides free legal services to South Dakota Bar Exam; must be a bright, motivated, low income and elderly clients located primarily in the self-starter; must have the tenacity to assume imme- western half of South Dakota and to Native American diate practice responsibilities, including handling a clients located throughout South Dakota and on the significant caseload touching on many different areas Standing Rock Indian Reservation which extends into of law with regular appearances in court; and must North Dakota. demonstrate an interest in poverty law and working QUALIFICATIONS/RESPONSIBILITIES: Applicants with Native American and low income clients. must be admitted to practice law in the courts of SALARY: Competitive, depending on experience. at least one state and be licensed to practice, or by 50 DPLS has excellent fringe benefits, including generous work on behalf of Minnehaha County in civil and leave benefits and employee insurance coverage (medi- criminal court and administrative proceedings. cal, dental, life, disability). Requires graduation from law school, JD degree, and CLOSING DATE: September 15, 2018. admission by Supreme Court of SD to practice law; APPLICATION INFORMATION: Please submit a let- or out of state license & eligible to sit for next SD ter of interest and resume to: John J. Buchy, Executive bar exam. Appointment at Senior level requires 2+ Director, Dakota Plains Legal Services, PO Box 727, yrs of relevant experience. Salary range: $2,552.00 - Mission, SD 57555, (605) 856-4444, [email protected]. $3,695.20/bi-weekly. Minnehaha County offers health, Native Americans, Women and Minorities are encour- dental, vision and life insurance, a generous paid time aged to apply. Dakota Plains Legal Services is an Equal off program, extended sick leave, retirement, and an Opportunity Employer. employee assistance program. For a full list of qualifications and the application process visit: http://jobs.minnehahacounty.org. Deputy/Senior Deputy Public Defender: Sioux Falls Posting will remain open until the position is filled. Seeking compassionate lawyer with excellent Contact HR with questions at 605-367-4337. EO/AA advocacy skills who is committed to ensuring justice, Employer. humanity, and equality to indigent clients appearing in the criminal and juvenile justice system. Will defend clients charged with misdemeanor and felony Associate Attorney: White Lake offenses, involuntary commitment proceedings for Swier Law Firm’s office in White Lake, South Dakota mental illness or chemical abuse, abuse and neglect is seeking an ASSOCIATE ATTORNEY to join its proceedings, and juvenile delinquency matters. rapidly growing practice. We are looking for an Requires graduation from law school, JD degree, and entrepreneurial-minded attorney to lead our Aurora have either passed the South Dakota bar exam and County office in White Lake. The ideal candidate will eligible to practice law in SD; or be licensed to practice want to create a life centered around small-town South law in any other state and able to take the next SD bar Dakota, become part of the White Lake community, exam; or be a recent or imminent graduate able to and grow the practice to surrounding counties. Swier sit for the next SD Bar Exam. Bilingual skills a plus. Law Firm offers competitive compensation packages, Appointment as a Senior Deputy Public Defender unlimited growth, and proven results. requires 2+ years of relevant work experience. The Candidates must possess outstanding oral and written salary range is $2,552.00 - $3,695.20/biweekly. skills, along with a desire to excel. South Dakota Minnehaha County offers a competitive benefits license required. Please send a resume and cover letter package including health, dental, vision, and life to Executive Director Sara Travis at Sara@swierlaw. insurance, a generous paid time off program, extended com. All inquiries will remain confidential. sick leave, retirement, and an employee assistance program. Family Law Attorney: Rapid City For a full list of qualifications and the application Swier Law Firm, Prof. LLC is seeking a FAMILY process visit: http://jobs.minnehahacounty.org. LAW ATTORNEY in Rapid City with a minimum Posting will remain open until the position is filled. 2 years of experience. Candidates must possess Contact HR with questions at 605-367-4337. EO/AA outstanding oral and written skill and a desire to Employer. excel. Attracting and retaining top talent is the key to Swier Law Firm’s success. Our compensation Deputy/Senior Deputy State’s Attorney: Sioux Falls structure rewards contributions to our clients and The Minnehaha County State’s Attorney’s Office is reflects the competitiveness of the legal market. This is looking for a prosecutor to join our top performing an opportunity for a top candidate to become part of team of attorneys. Supported by experienced a growing law firm with a state, regional, and national investigators, victim/witness assistants, paralegals, client base. Please send a resume and cover letter to and legal office assistants, our attorneys enjoy a strong Executive Director Sara Travis at [email protected]. sense of camaraderie working in a think tank of legal All inquiries will remain confidential. minds. Incumbents will perform professional legal 51 Assistant United States Attorney: Pierre Assistant United States Attorney: Pierre The South Dakota United States Attorney’s office is The South Dakota United States Attorney’s office is seeking an experienced attorney to fill one Assistant seeking an experienced attorney to fill one Assistant United States Attorney position in the Civil Division, United States Attorney position in the Criminal Pierre Office. This attorney primarily will be Division, Pierre Office. Link to South Dakota U.S. responsible for the Affirmative Civil Enforcement Attorney’s Office: http://www.justice.gov/usao/sd/. (ACE) program, which pursues civil actions against Applicants must possess a J.D. degree, be an active corporations and individuals that engage in fraud, member of the bar (any jurisdiction) and have at violate federal laws, and divert controlled substances. least one year of post-JD legal or other relevant Link to South Dakota U.S. Attorney’s Office: http:// experience, be a U.S. Citizen or National. Applicants www.justice.gov/usao/sd/. must demonstrate superior analytical ability; strong Applicants must possess a J.D. degree, be an active research, writing and courtroom skills; exercise fair member of the bar (any jurisdiction) and have at least and sound judgment; follow all Department of Justice one year of post-JD legal or other relevant experience, and United States Attorney’s Office policies; exhibit be a U.S. Citizen or National. Applicants must the ability to work collaboratively in a supportive and demonstrate a quick analytical ability and the facility professional manner with other attorneys, support to articulate accurately and precisely the critical issues staff, and law enforcement agencies; superior analytical in a case. Applicants must demonstrate superior and communications skills; handle matters in court oral and writing skills as well as strong research and persuasively and justly on behalf of the United States of interpersonal skills and good judgment. Applicants America; and be devoted to excellence. must possess excellent communication and courtroom The range of basic pay is $61,218 to $160,122, which skills and exhibit the ability to work in a supportive includes a locality payment of 15.37%. Relocation and professional manner with other attorneys, support expenses not authorized. All initial attorney staff, and client agencies. Applicants must have a appointments to the Department of Justice are made demonstrated capacity to function, with minimal on a 14 month (temporary) basis pending favorable guidance, in a highly demanding office and courtroom adjudication of a background investigation. environment. To apply, you must create a USAJOBS account or The range of basic pay is $61,218 to $160,122, which log in to your existing account. Applicants must includes a locality payment of 15.37%. Relocation submit a resume and all required documents through expenses not authorized. All initial attorney USAJobs.gov. Log into USAjobs.gov and search for appointments to the Department of Justice are made Announcement number 18-SD-10257729-AUSA on a 14 month (temporary) basis pending favorable or click the link to view: https://www.usajobs.gov/ adjudication of a background investigation. GetJob/ViewDetails/506050200. You will be required To apply, you must create a USAJOBS account or to complete an online Occupational Questionnaire, as log in to your existing account. Applicants must well as provide a resume and writing sample (not to submit a resume and all required documents through exceed 15 pages). Applications accepted on USAJobs USAJobs.gov. Log into USAjobs.gov and search for July 25 – August 10, 2018. Announcement number 18-SD-10259189-AUSA or click the link to view: https://www.usajobs.gov/ PARALEGAL GetJob/ViewDetails/506050000. You will be required to complete an online Occupational Questionnaire, as Paralegal: Sioux Falls well as provide a resume and writing sample (not to Woods Fuller Law Firm is seeking an experienced exceed 15 pages). Applications accepted on USAJobs full-time Paralegal to join our fast-paced Business and July 25 – August 10, 2018. Estate Planning practice groups. Successful candidate will be a motivated, hardworking team player with impeccable organization and communication skills. Prior experience preparing and filing 706 and 709 regulatory and tax filings a plus. Key skills and abilities of a successful candidate: (1) Ability to organize and prioritize multiple tasks under 52 time constraints; (2) Experience providing outstanding policies and procedures to office operations; exercise client-centered service; (3) Experience drafting good judgment; have a general knowledge of office corporate maintenance documents; (4) Experience protocols and secretarial processes; analyze and preparing tax and regulatory filings; (5) Experience recommend practical solutions; be proficient in preparing estate and probate documents; (6) Strong Microsoft Word and Adobe Acrobat; have the ability to knowledge of Microsoft Word and Microsoft products communicate effectively with assigned attorneys, other If you are looking for a work family, Woods Fuller is staff, clients, court agency personnel, and the public. the place for you. We offer excellent benefits and a Salary will be based on qualifications and experience. family-friendly atmosphere. Compensation includes federal employee benefits. Woods Fuller offers a strong benefits package and Qualified applicants should send a cover letter, resume, competitive wages. Hourly wage $24+ DOE. and three references to: Neil Fulton, Federal Public To apply, submit a cover letter and resume to Rachell. Defender, P.O. Box 1258, Pierre, SD 57501 or via email [email protected] to: [email protected]. Position will remain open To learn more about the firm, visit our website at until filled. The selected candidates will be subject to WoodsFuller.com. a background check as a condition of employment. Equal Opportunity Employer EOE. Woods, Fuller, Shultz & Smith P.C. provides equal employment opportunities (EEO) to all employees and applicants for employment without regard to age, race, color, creed, disability, religion, sex, EXECUTIVE DIRECTOR ancestry, national origin, protected veteran status, or genetic information. In addition to federal law requirements, Woods, Fuller, Shultz & Smith P.C. Executive Director, Mission complies with applicable state and local laws governing DAKOTA PLAINS LEGAL SERVICES (DPLS), a non- nondiscrimination in employment in every location in profit legal services program, is accepting applications which the company has facilities. for the Executive Director position in our Mission, South Dakota, office. GENERAL RESPONSIBILITIES: The Executive Legal Assistant/Paralegal: Sioux Falls Director has overall responsibility for the operation The Federal Public Defender for the Districts of South of Dakota Plains Legal Services, including general Dakota and North Dakota is accepting applications administration of the program, its fiscal affairs, the for a Legal Assistant/Paralegal. The position will securing of funds and the maintaining of funding be located in the Sioux Falls, South Dakota, office. levels sufficient to meet programmatic needs, More than one position may be filled from this personnel management, working with the organized announcement. Bar throughout the state, implementing programmatic Description: The Legal Assistant/Paralegal provides policies, and providing necessary litigation support. support to the attorneys. This position requires QUALIFICATIONS: Applicants must be admitted to advanced knowledge of legal terminology; work and practice in any jurisdiction for a minimum of four information processing software; proficiency with years; must be admitted to practice law or applying for case management technology; and an understanding admission to practice law in South Dakota; must have of district and circuit court rules and protocols. Also a minimum of two years administrative experience at a required is editing and proofreading documents, cite policy making level in legal services or a legal services checking, assembling materials for filing; handling program; and must be bondable. telephone and in-person callers; screening and SALARY: Competitive and negotiable depending on routing incoming mail and preparing correspondence. experience. DPLS has an excellent fringe benefits Calendars for the attorneys must be maintained, and package including generous leave benefits and meetings and phone conferences arranged. employee insurance coverage (medical, dental, life, The candidate will have a general understanding of disability). office confidentiality issues, such as attorney/client CLOSING DATE: August 31, 2018. privilege; the ability to analyze and apply relevant APPLICATION/INFORMATION: Persons interested 53 in being considered for this position should submit a letter of introduction along with a resume and references to: Dalene Bettelyoun, Administrator, Dakota Plains Legal Services, P.O. Box 727, Mission, SD 57555 or to [email protected]. For further information, or to request a copy of the full job description for this position, please contact Dalene Bettelyoun at (605) 856-4444. Native Americans, Women and Minorities are encouraged to apply. Dakota Plains Legal Services is an Equal Opportunity Employer.

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54 August 2018

Disciplinary Board...... September 13-14...... Ramkota, Rapid City Estate Planning CLE am...... September 28...... Ramkota, Sioux Falls Ag Law pm...... September 28...... Ramkota, Sioux Falls SD YLS Swearing-In Ceremony...... October 19...... Rotundra, Pierre Nuts and Bolts CLE...... October 19...... Red Rossa, Pierre Bar Commission Meeting...... October 19...... Red Rossa, Pierre Juvenile Law CLE...... December 7...... Ramkota, Rapid City Bar Commission Meeting...... January 4...... Aberdeen

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