South Dakota

AI search for South Dakota law firms

South Dakota spells out required content in its advertising rule. Rule 7.1(b) requires communications to be mainly informational, Rule 7.1(c)(4) requires a set disclaimer whenever you cite past success, and Rule 7.1(c)(11) requires the lawyer's name and city or town address. Rule 7.3(c) adds a filing duty for written or recorded solicitations, so South Dakota pages need checking before they publish, not after.

Statewide guide

This guide applies AI search for law firms to South Dakota: the rule text, the filing and record-keeping duties, AI guidance, and one piece of procedure national content gets wrong.

Five points every South Dakota page has to respect

The South Dakota Rules of Professional Conduct appear as the appendix to SDCL chapter 16-18.

Rule 7.1(b), mainly informational. Factual content about the need for and selection of a lawyer has to outweigh attention-getting material.

Rule 7.1(c)(2) and (c)(4), results. No predictions, warranties, or guarantees of success, and nothing likely to create an unjustified expectation about results. Information based on past success needs a disclaimer that past success cannot be an assurance of future success because each case must be decided on its own merits.

Rule 7.1(c)(12) and (c)(14), testimonials. A testimonial must be factually substantiated and carry a disclaimer substantively similar to: "This testimonial or endorsement does not constitute a guaranty, warranty, or prediction regarding the outcome of your legal matter." A non-client testimonial must say so conspicuously. See testimonials on law firm websites for other states.

Rule 7.1(c)(11) and Rule 7.2(d), name and address. A communication misleads without the name and city or town address of the lawyer it describes, and Rule 7.2(d) requires the name and office address of a responsible lawyer or firm.

Rule 7.4, specialist claims. A lawyer shall not state or imply being a specialist except as the rule allows. Under Rule 7.4(e), a claim of certification as a specialist requires an organization approved by an appropriate state authority or accredited by the ABA, clearly named.

Why this matters in AI search: an assistant may quote one sentence and drop the rest, so keep each disclaimer beside the result it qualifies.

Filing and record keeping

Rule 7.3(c) requires a copy of every written or recorded communication soliciting professional employment from anyone to be deposited with the Secretary-Treasurer of the State Bar of South Dakota at least thirty days before it is disseminated or published. The rule does not mention websites, so confirm what it reaches before launch. Rule 7.3(d) adds an "Advertising Material" label for solicitations to people known to need legal services in a particular matter.

Rule 7.2(c) requires keeping a copy of an advertisement for two years after its last dissemination, with a record of when and where it was used. For a website, that means keeping dated page versions.

What South Dakota has said about AI

We could not verify a South Dakota ethics opinion on generative AI from an official source. Lawyers in the state can look to ABA Formal Opinion 512, released July 29, 2024, which applies the duties of competence, confidentiality, communication, and reasonable fees to AI tools. Your pages still answer to Rules 7.1 through 7.4 whoever drafts them, as our answer on using AI to write law firm website content explains.

South Dakota questions need South Dakota answers

A page telling South Dakota families that a judge must open every estate misses a step. In South Dakota, "court" in the probate code means the circuit court under SDCL 29A-1-201(8), and venue for the first estate proceeding is the county where the decedent was domiciled at death under SDCL 29A-3-201(a)(1). Under SDCL 29A-3-302, the clerk issues a written statement of informal probate once the required findings are made and at least one hundred twenty hours have passed since death.

North Dakota directs informal probate applications to the court, so a page written for one Dakota does not fit the other, as the estate planning guide explains.

We do not publish separate market guides for South Dakota. SDCL 16-5-1.2 divides the state into seven judicial circuits. The Second Circuit covers only Lincoln and Minnehaha counties, while the First, Third, and Sixth each cover fourteen. A page that names the circuit and county a case runs through answers what a statewide page cannot.

What we build for South Dakota firms

  • Practice-area pages written to Rule 7.1, with the required past-success disclaimer in the same passage as any result
  • Circuit and county pages only where you take clients, with the court and clerk named correctly
  • A pre-launch Rule 7.3(c) filing check and dated page copies for Rule 7.2(c)

For personal injury firms, every past-success figure needs the Rule 7.1(c)(4) disclaimer. For family law firms, testimonials need the Rule 7.1(c)(12) disclaimer wherever they appear.

Neighboring states

If you take clients from a neighboring state, each page should say which state's law it explains and where your attorneys are licensed. The North Dakota guide, Minnesota guide, Iowa guide, and Nebraska guide show how those rules differ.

Common questions

Can a South Dakota lawyer call themselves a specialist online?

Rule 7.4 says a lawyer shall not state or imply being a specialist except as the rule allows. Claiming certification requires a state-approved or ABA-accredited organization, clearly named. Describing the fields you practice in is permitted.

Do South Dakota firms have to file advertising with the State Bar?

Rule 7.3(c) requires a copy of every written or recorded solicitation to be deposited with the State Bar's Secretary-Treasurer at least thirty days before use. The rule does not mention websites.

Does a South Dakota page with case results need a disclaimer?

Yes. Under Rule 7.1(c)(4), information based on past success is misleading without the disclaimer the rule sets out, stating that past success cannot assure future success.

Keep reading

Sources

  1. South Dakota Rules of Professional Conduct, SDCL chapter 16-18 appendix (Rules 7.1 to 7.5) (linked above)
  2. SDCL chapter 16-18, Powers and Duties of Attorneys
  3. ABA News, ABA issues first ethics guidance on a lawyer's use of AI tools (July 29, 2024)
  4. SDCL 29A-1-201, definitions
  5. SDCL 29A-3-201, venue for estate proceedings
  6. SDCL 29A-3-302, informal probate (linked above)
  7. SDCL 16-5-1.2, number of judicial circuits and counties included
  8. N.D.C.C. chapter 30.1-14, including 30.1-14-01

See one of your pages rewritten for AI search.

Send us a page from your site. We email back a rewritten version you can keep. A call is optional.