Scott Swier

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      Scott Swier

      Sioux Falls, South Dakota
      25 years of experience

      Biography

      Scott Swier is the Founder and Managing Member of Swier Law Firm. He also leads the law firm's Business Litigation Practice Group and Education Law Practice Group. Scott is a recognized authority in state and federal legal matters. While serving in private legal practice and as Assistant Attorney General for the State of South Dakota, he has represented individuals, businesses, and government entities before state and federal trial courts, state and federal appellate courts, and state and federal regulatory agencies. As Assistant Attorney General, Scott served as counsel for the State of South Dakota in many high-profile cases and his clients included Governor Michael Rounds, the Attorney General's Office, the Secretary of State's Office, and the Department of Education, Department of Revenue and Regulation, Department of the Environment and Natural Resources, and South Dakota Commission on Gaming. Scott is also well-versed in the South Dakota legislative process, having coordinated legislative initiatives on behalf of the Attorney General's Office.

      Practice Areas

      Business Law

      Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes

      Personal Injury

      Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death

      Family Law

      Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law

      Estate Planning

      Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills

      Probate

      Probate Administration, Probate Litigation, Will Contests

      Education Law

      Native American Law

      Jurisdictions Admitted to Practice

      South Dakota, Since 1998
      8th Circuit, Since 2003

      Languages

      English : Spoken, Written

      Professional Experience

      Law Clerk South Dakota Unified Judicial System

      Year: 1997 - 1998

      Description:

      Attorney Private Practice

      Year: 1998 - 2008

      Description:

      Assistant Attorney General State of South Dakota

      Year: 2008 - 2010

      Description:

      Founder and Managing Member Swier Law Firm, Prof. LLC

      Year: 2010 - Current

      Description:

      Professional Associations

      South Dakota Law Review Lead Articles Editor (1996 - 1997)

      Mount Marty College Adjunct Professor - Criminal Law (2003 - 2004)

      South Dakota Voices for Children Chairperson (2005 - 2007)

      South Dakota Trial Academy Graduate (2005 - Current)

      South Dakota Attorney General's Office Member - South Dakota Attorney General's Open Government Task Force (2007 - 2008)

      Mount Marty College Board of Trustees (2011 - Current)

      South Dakota Municipal League Council of Municipal Attorneys (2010 - Current)

      Associated School Boards of South Dakota Member - Council of School Attorneys (2015 - Current)

      The State Bar of South Dakota &nbsp# 2769 Member (1998 - Current)

      School Administrators of South Dakota Legal Counsel (2013 - Current)

      The State Bar of South Dakota Member - Law School Committee (2014 - Current)

      University of South Dakota School of Law Adjunct Professor - "Education and the Law" (2011 - Current)

      Publications

      The Tenuous Tale of the Terrible Termites: The Federal Arbitration Act and the Court's Decision to Interpret Section Two in the Broadest Possible Manner: Allied-Bruce Terminix Companies, Inc. v. Dobson South Dakota Law Review (1996)

      Editor in Chief - South Dakota School Law Notes Swier Law Firm, Prof. LLC

      Estate Planning in South Dakota Swier Law Firm, Prof. LLC (2014)

      Daubert v. Merrell Dow Pharmaceuticals, Inc.: "Gatekeeping" or Industry "Safekeeping"? (with Honorable Janine M. Kern) South Dakota Law Review (1998)

      The South Dakota Public Dispute Resolution Procedure and Public Records Act: A Fundamental Change in South Dakota Law South Dakota Law Review (2010)

      Daubert, Kumho and the South Dakota Supreme Court's Most Recent Rulings Regarding "Reliability" and "Relevancy" North Dakota Trial Lawyers Association - Pleader (2004)

      Daubert, Kumho, and Its Impact on South Dakota Jurisprudence (with Honorable Janine M. Kern) South Dakota Law Review (2004)

      The Admissibility of Expert Testimony in South Dakota After Daubert, Kumho, Hofer, and Guthrie South Dakota Trial Lawyers Association - Barrister (2004)

      The Employee/Independent Contractor Dichotomy in South Dakota for Unemployment and Workers' Compensation Purposes: An Examination and Suggested Analytical Framework South Dakota Law Review (1998)

      Awards

      • Outstanding Young Alumni Award

        Mount Marty College

      • Ten Outstanding Young South Dakotans

        South Dakota Jaycees

      • Young Lawyer of the Year

        South Dakota Bar Association

      Education

      • University of South Dakota School of Law J.D. (1997)

        Honors: South Dakota Law Review - Lead Articles Editor

      • Mount Marty College

      Speaking Engagements

      9 Fundamentals of Search & Seizure Law for South Dakota School Administrators, School Administrators of South Dakota - Spring Conference, April 7, 2015, School Administrators of South Dakota

      Websites

      http://www.swierlaw.com/

      Swier Law Firm, Prof. LLC

      Swier Law Firm, Prof. LLC

      Address:

      142 E. 3rd Street, Winner, SD 57580

      Fax:

      (605) 842-3375

      Swier Law Firm, Prof. LLC

      Address:

      202 N. Main Street, Avon, SD 57315

      Fax:

      (605) 286-3219

      Swier Law Firm, Prof. LLC

      Address:

      240 E. Main Street, Corsica, SD 57328

      Fax:

      (605) 286-3219

      Swier Law Firm, Prof. LLC

      Address:

      2121 W. 63rd Place, Suite 200, Sioux Falls, SD 57108

      Fax:

      (605) 286-3219

      Reviews

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