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S.D. Codified Laws § 62-7-36

Approval of legal fees--Amount--Lump sum payment

Applied in 8 court decisions — leading case Dakota Plains AG Center, LLC v. Smithey (2009)

Most recently applied in Lagler v. Menard, Inc. (July 2018)

Source: SL 1992, ch 364, § 7; SL 1993, ch 379, § 5; SL 2011, ch 1 (Ex

How often courts cite this section

199420002010201810
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Except as otherwise provided, fees for legal services under this title shall be subject to approval of the department.

Attorneys' fees may not exceed the percentage of the amount of compensation benefits secured as a result of the attorney's involvement as follows:

(1) Twenty-five percent of the disputed amount arrived at by settlement of the parties;

(2) Thirty percent of the disputed amount awarded by the Department of Labor and Regulation after hearing or through appeal to circuit court;

(3) Thirty-five percent of the disputed amount awarded if an appeal is successful to the Supreme Court.

Attorneys' fees and costs may be paid in a lump sum on the present value of the settlement or adjudicated amount.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.