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South Dakota Business Litigation Lawyers

David R. Bliss avatar
David Bliss is a fourth-generation North Dakotan who was raised on his family farm and ranch near Bismarck. He has a bachelor's degree in journalism from the Un...
Jeana Louise Goosmann avatar
Jeana Goosmann acts as general counsel to company presidents and professionals. Her clients range from smalllocal companies to large national corporations. Jean...
Anthony Hohn avatar
Anthony Hohn is a litigation attorney at Davenport, Evans, Hurwitz & Smith, LLP in Sioux Falls, SD. A Sioux Falls native, Anthony joined the firm in 2008 as a m...
Joseph M Wiltse avatar
Joseph M. Wiltse is one of 650+ attorneys at Ballard Spahr LLP, where he focuses his law practice in the areas of corporate law, real estate law, commercial law...
Jeff Cole avatar
Growing up on a farm Jeff Cole understood how hard it was to be a farmer so he decided he wanted to fight for farmers to get their fair share in our legal syste...
Roger Royse avatar
Roger Royse, the founder of the Royse Law Firm, works with companies ranging from newly formed tech startups to publicly traded multinationals in a variety of i...
Lindsey R Buchheit avatar
Prior to founding Buchheit Law (June, 2013), Lindsey worked as an attorney for two Sioux City law firms from 2007-2013. Lindsey is the President of the Siouxla...
Lindsay M. Harris avatar
Lindsay M. Harris is the owner and managing member of Harris Law & Co. She leads our succession planners in protecting every family and business we serve using ...
Eric J Ronke avatar
Eric began his journey to the legal field by working as a life insurance agent prior to returning to college. While working with a family that was struggling fi...
Brian Donahoe avatar
Born in South Dakota and raised in NW Iowa, I sought higher education back in South Dakota at SDSU. Following graduation there, I worked for a construction and ...

Predicaments, oppositions, and disputes are common in business. Issues are bound to arise in your efforts to comply with state regulations, protect your intellectual property, manage your employees, enter into viable contracts, deal with competition, or work with co-founders. A proactive and innovative South Dakota Business Litigation lawyer is essential if you are to navigate these situations successfully. 

What is a Business Litigation Lawyer?

A business litigation lawyer helps resolve a disagreement between a company and another party. If your business is accused of any form of misconduct, then find the best business litigation lawyer in South Dakota.

What Does a Business Litigation Attorney Do?

A business litigation attorney will provide the legal representation and strategy for resolving any dispute involving your business through alternative dispute resolution or a court trial. The attorney will help you understand the legal issues in your case and offer an innovative approach to address the problems with minimal financial or reputational costs. 

When to Hire a Business Litigation Lawyer in South Dakota?

Hire a licensed South Dakota Business Litigation attorney when there is a dispute touching your business, before or after an official complaint or case has been filed against you. Examples of some of the cases that a civil litigation lawyer will take up include: 

  • Tortious conduct, including product liability and personal injury claims;
  • Employment disputes, including workers' compensation claims;
  • Shareholder or partnership disputes; 
  • Occupational safety and compliance;
  • Sale of goods and warranties; 
  • Intellectual property disputes;
  • Class action litigation;
  • Real estate litigation; and
  • Contract disputes.

How to Find a Lawyer for Business Litigation?

There are two main ways to find a commercial business litigation lawyer. The first is to ask people in business around you if they know any. You could also search through the Lawrina legal directory. Choose your legal area of interest and state, then sift through the available options. 

Always consider working with a local litigator. A legal professional in my area increases my chances for success since they understand all the necessary state rules and have already built relationships with the court clerks, judges, investigators, and court reporters. Such relationships are instrumental in the success of a case. Furthermore, local litigators have a deep understanding of state requirements. 

How Do I Choose a Business Litigation Attorney in South Dakota?

When choosing a lawyer for Business Litigation in South Dakota from the list you have generated after talking to friends and the Lawrina directory, consider: 

  1. Specialization and experience - Check to see if the lawyer has adequate experience in business litigation. A specialized attorney will know the latest legal requirements and the nuances relevant to your case, increasing your chances of success.
  2. Social proof - Look out for reviews and comments left by past clients. Avoid lawyers with former clients who complained about avoidable adverse outcomes, lack of communication, and limited expertise. 
  3. Meet with them - After looking at experience and social proof, you should be able to eliminate several attorneys from your list. Now organize to meet the top three or four attorneys with impressive experience and positive reviews. 

How Much Does the Business Litigation Lawyer Average Cost in South Dakota?

The cost of hiring a corporate litigation lawyer depends on the complexity of your case and your attorney’s professional rates. Your attorney is likely to propose one of three fee structures. Please take time to understand your attorney’s billing system and have it in writing. The three fee structures are:

  1. Hourly - Hourly rates are the most common among business litigation lawyers and are usually between $150 to $1500 per hour. The hourly payment is only for professional fees and will not include direct costs such as filing fees. A firm may also bill you a lower hourly rate for paralegal time dedicated to your case. 
  • Flat Fee - The attorney may also quote a flat fee, payable upfront before they can start handling your matter. Flat fees are beneficial for clients because they can anticipate costs with no chances of negative surprises. The fee does not include legal costs. 
  • Retainer - Retainers are mostly sub-arrangements under the hourly fee structure. With a retainer, the client makes a lump sum upfront payment to the attorney, from which the hourly cost will be deducted. 

Do Business Litigation Attorneys Usually Charge for Consultations?

A business litigation attorney may not charge for an initial consultation or may require a reduced hourly or flat fee. Therefore, it is always prudent to ask the attorney if they charge for the initial consultation before taking a meeting. Prior to the consultation, gather all the relevant information, including documentation where necessary, that is relevant to the matter so you can present it to the lawyer during the consultation. The initial meeting is an opportunity for the lawyer to understand your case and shed light on possible ways to address the matter.

Frequently Asked Questions

Can a Business Dispute be Settled Outside Court?

Yes. Your attorney's first step is to pursue alternative dispute resolution mechanisms such as mediation or arbitration to settle the matter out of court. Because of this, most business disputes do not end up in trial.  

What Are Some of the Things I Need to Know About Business Litigation?

The primary objective of a business litigation case is to compensate the plaintiff by having the defendant pay compensatory damages and not necessarily to punish the defendant. Compensatory damages cover any loss or injury resulting from the wrongdoer's actions and may include legal fees. However, there are instances where the court may punish the defendant for their actions by ordering them to pay punitive damages on top of compensatory damages.

What Are the Alternatives to Litigation?

There are three main alternatives to litigation: 

  1. Negotiation - It involves the two parties coming together on their own terms and attempting to settle the dispute. Negotiation is the least formal of the alternative options.
  2. Mediation - In mediation, an independent, neutral third party, called a mediator, mutually appointed by both parties to a dispute, guides the process of resolving the matter. 
  3. Arbitration - It is the most formal form of alternative dispute resolution. It reflects a softer version of a court proceeding guided by rules of evidence and may involve limited discovery.

Alternative dispute resolution mechanisms are less costly and take less time when compared to trials. Yet, it is still essential to work with a top-rated attorney even when taking litigation alternatives.