16-18-34.1. Minimum qualifications.
Any person employed by a licensed attorney as a legal assistant must meet the minimum qualifications of:
(1)Successful completion of the Certified Legal Assistant (CLA) examination of the National Association of Legal Assistants, Inc.; or
(2)Graduation from an ABA approved program of study for legal assistants; or
(3)Graduation from a course of study for legal assistants which is institutionally accredited but not ABA approved, and which requires not less than the equivalent of sixty semester hours of classroom study; or
(4)Graduation from a course of study for legal assistants, other than those set forth in (2) and (3) above, plus not less than six months of in-house training as a legal assistant; or
(5)A baccalaureate degree in any field, plus not less than six months in-house training as a legal assistant; or
(6)A minimum of three years of law-related experience under the supervision of a licensed attorney, including at least six months of in-house training as a legal assistant; or
(7)Two years of in-house training as a legal assistant.
Provided, further, that any legal assistant hereunder shall have a high school diploma or general equivalency diploma (GED).
For purposes of these standards, "in-house training as a legal assistant" means legal education of the employee by a licensed attorney concerning legal assistant duties and these guidelines. In addition to review and analysis of assignments, the legal assistant should receive a reasonable amount of instruction directly related to the duties and obligations of the legal assistant and the Rules of Professional Conduct as stated in this chapter.
Source: Supreme Court Rule 97-25.
Structure South Dakota Codified Laws
Title 16 - Courts and Judiciary
Chapter 18 - Powers And Duties Of Attorneys
Section 16-18-1.1 - Sexual harassment prevention training for attorneys.
Section 16-18-2.1 - Legal assistance by law students--Purpose of provisions.
Section 16-18-2.2 - Requirements for participation by law student.
Section 16-18-2.6 - Preparation of pleadings, briefs, and other documents by legal intern or extern.
Section 16-18-2.7 - Oral argument by legal intern or extern before Supreme Court.
Section 16-18-2.9 - Qualifications of supervising lawyer--Professional responsibility.
Section 16-18-6 - Contracts and powers of disbarred attorney void.
Section 16-18-9 - Attorney's power to execute bonds and instruments for client.
Section 16-18-10 - Attorney not to be surety--Violation as misdemeanor.
Section 16-18-11 - Attorney's power to bind client by agreements--Evidence of agreement.
Section 16-18-12 - Proof of authority required of attorney.
Section 16-18-13 - Attorney's duty to respect courts.
Section 16-18-14 - Attorney's duty to respect reputation of parties and witnesses.
Section 16-18-16 - Attorney not to maintain action for improper motives.
Section 16-18-17 - Attorney's duty to represent the oppressed.
Section 16-18-18 - Attorney's duty to respect client's confidence.
Section 16-18-19 - Attorney's duty to use truthful means.
Section 16-18-20.2 - Attorney licensing--Trust accounting records and procedures.
Section 16-18-21 - Attorney's lien on proceeds of action.
Section 16-18-22 - Bond to release attorney's lien--Bill of particulars required of attorney.
Section 16-18-23 - Refusal by attorney to pay money to client as misdemeanor.
Section 16-18-24 - Lien as justification for withholding money from client.
Section 16-18-25 - Security given by attorney for payment to client.
Section 16-18-26 - Misconduct by attorney as misdemeanor.
Section 16-18-27 - Attorneys for public agencies may permit use of name or office.
Section 16-18-28 - Liability of attorney for treble damages for misconduct.
Section 16-18-31 - Withdrawal of attorney of record--When permitted.
Section 16-18-34 - Definition of legal assistant.
Section 16-18-34.1 - Minimum qualifications.
Section 16-18-34.2 - Utilization of legal assistants.
Section 16-18-34.3 - Ethical considerations.
Section 16-18-34.4 - Certain individuals disqualified.
Section 16-18-34.5 - Application by disqualified persons--Requirements--Hearing--Burden of proof.
Section 16-18-34.6 - Revocation of order for disqualified persons--Hearing--Burden of proof.
Section 16-18-34.7 - Recommendations in attorney disciplinary proceedings.
Section 16-18-A - SOUTH DAKOTA RULES OF PROFESSIONAL CONDUCT