Hiring a Bankruptcy Lawyer in South Dakota
How bankruptcy lawyers are paid, the South Dakota means test and exemptions, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in South Dakota: fee rules
| Rules on contingency fees | Under South Dakota Rule of Professional Conduct 1.5(c) (appendix to SDCL ch. 16-18), a contingent fee agreement must be in writing signed by the client and state how the fee is determined, including the percentage(s) for settlement, trial or appeal; litigation and other expenses deducted from the recovery; and whether expenses are deducted before or after the fee is calculated. It must clearly notify the client of potential expenses the client owes whether or not the client prevails, and at the end the lawyer must give a written statement of the outcome and, if there is a recovery, the remittance and how it was determined. Rule 1.5(d) bars fees in domestic relations matters contingent on securing a divorce or on the amount of alimony, support or property settlement, and contingent fees for defending a criminal case. |
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South Dakota rules to know first
| Standard Chapter 13 lawyer fee | District of South Dakota (the state's only bankruptcy district): under Bankr. D.S.D. R. 2016-3 (Local Rules and Appendices as amended July 13, 2026), an attorney representing a chapter 13 debtor may use a simplified fee application (Appendix 2O-2) if the attorney's total claim for legal fees, costs, and expenses does not exceed a presumptively reasonable amount of $5,000.00, which is presumed to compensate the attorney for all services in a typical chapter 13 case, including listed minimum services. Notice with a 21-day objection period is required, and the court may issue the order without a hearing if no objections are filed. The simplified process is optional; attorneys may file a standard application instead. (An earlier version of this rule was withdrawn by General Order dated August 15, 2024 and later reinstated in revised form.) August 15, 2024 General Order withdrawing the prior Rule 2016-3: https://www.sdb.uscourts.gov/sites/sdb/files/general-orders/August%2015%2C%202024%20-%20General%20Order%20Withdrawing%20Local%20Bankruptcy%20Rule%202016-3%20and%20Related%20Appendices.pdf |
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| Means test median income | Median family income for South Dakota: 1 person $69,190; 2 people $89,809; 3 people $100,883; 4 people $130,738; add $11,100 for each additional person beyond 4. These figures apply to bankruptcy cases filed on or after July 15, 2026. Used in the Chapter 7 means test (Official Forms 122A-1 and 122C-1). The table's first column is labeled "1 EARNER." The same figures were posted for cases filed April 1 through July 14, 2026. The U.S. Trustee Program updates the table periodically. |
| Homestead exemption | The homestead is absolutely exempt, with no general dollar limit. It covers one dwelling house (real property or a qualifying mobile home) and buildings appurtenant to it. Area limit: 1 acre within a town plat, or up to 160 acres in total outside a town plat (smaller limits apply to homesteads on certain mineral-claim land). If the homestead is sold, up to one hundred thousand dollars of the sale proceeds is exempt for one year after the owner receives them. For a person 70 or older (or that person's unremarried surviving spouse), the exemption is limited to one hundred seventy thousand dollars. Area limits and the definition of the homestead are in chapter 43-31: https://sdlegislature.gov/api/Statutes/43-31.html?all=true. A mobile home must be registered in South Dakota at least six months before the exemption is claimed (SDCL 43-31-2). Federal bankruptcy law can separately limit homestead exemptions in some situations. |
| State or federal exemptions | South Dakota has opted out of the federal bankruptcy exemptions. Under state law, South Dakota residents are not entitled to the federal exemptions in 11 U.S.C. § 522(d) and use the exemptions in the South Dakota Constitution and statutes instead. The same opt-out language appears in SDCL 43-45-13 (https://sdlegislature.gov/api/Statutes/43-45.html?all=true). Source: SDCL 43-31-30; SDCL 43-45-13 |
Find and check a lawyer
| Lawyer referral service | The State Bar of South Dakota Lawyer Referral Service is a public service to help you find a qualified, local lawyer. Participating lawyers give you a consultation covering the nature of your legal issue, possible options, and the costs of hiring an attorney. Call (800) 952-2333 or request a referral online. The service confirms participating attorneys are active members in good standing but does not evaluate or endorse their qualifications for any practice area. |
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| Check discipline history or file a complaint | Complaints about South Dakota lawyers go to the Disciplinary Board of the State Bar of South Dakota. Send a signed letter fully describing the facts and all sources of information, with names, dates, addresses and supporting documents, to Disciplinary Board, The State Bar of South Dakota, 111 W Capitol Ave. #1, Pierre, SD 57501 (605-224-7554). Simple matters are investigated by a Board member by correspondence and complicated ones by an investigator. The Board dismisses complaints where the lawyer did no wrong, may issue a private reprimand for less serious wrongdoing, and reports serious matters to the Supreme Court; discipline ranges from private reprimand to disbarment. Proceedings are confidential until the Board files formal charges, and losses cannot be recovered through discipline. Filing address: https://www.statebarofsouthdakota.com/reporting-professional-misconduct-2/ |
Free legal help
| Free legal aid | Free civil legal aid for low-income South Dakotans is provided by two LSC-funded programs: Dakota Plains Legal Services and East River Legal Services (per the Legal Services Corporation's grantee list). The North Dakota courts' Finding a Lawyer page also describes Dakota Plains Legal Services as providing free legal help to low-income individuals, older Americans and veterans across South Dakota and North Dakota, including tribal court matters. DPLS description: https://www.ndcourts.gov/legal-self-help/finding-a-lawyer |
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All legal help in South Dakota · Do I need a lawyer?
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.