Sioux Falls Law Firm Found Liable for Malpractice
A Minnehaha County jury ordered a local law firm to pay over $570,000 following an 11-day civil trial.
Updated on Oct. 8, 2026 in Financial Crime
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On May 22, 2026, a Minnehaha County jury found the Swier Law Firm, Scott Swier, and Lindsay Harris liable for legal malpractice. The court ordered the defendants to pay a total judgment of $572,291.46 following allegations regarding their representation of the late Shirley A. Hickey.
Why it matters
The lawsuit centered on claims that the firm engaged in intentional misconduct and breached its fiduciary duty by representing a client's daughter in a case against the firm's own client. The findings highlight the serious professional obligations attorneys hold toward their clients in estate planning.
A Minnehaha County jury awarded $309,768.68 in compensatory damages, with Judge Mandi Mowery adding $241,275.38 in prejudgment interest and $21,247.40 in court costs. The jury found the firm engaged in intentional misconduct while assigning 0% fault to attorney Michael Henderson.
The players
Scott Swier
He is an attorney who was suspended from practicing law for one year by the South Dakota Supreme Court in 2020.
Lindsay Harris
She is an attorney who was found by a jury to share 35% of the fault in the malpractice case.
Swier Law Firm
This Sioux Falls-based practice was found liable for legal malpractice and breach of fiduciary duty.
Shirley A. Hickey
She was an elderly client of the firm whose estate planning matters led to the malpractice litigation.
Mandi Mowery
She is the judge who added prejudgment interest and court costs to the final judgment amount.
The details
The firm was accused of filing an ex parte petition seeking a guardian and conservator for Shirley Hickey without her knowledge and failing to act in her best interest. During the trial, evidence showed the firm represented Hickey's daughter in a lawsuit against Hickey herself.
Timeline
Shirley Hickey hired the firm for estate planning in 2017.
Swier Law Firm filed a lawsuit against Hickey in March 2018.
Shirley A. Hickey died on September 12, 2019.
The South Dakota Supreme Court disciplined Scott Swier in 2020.
The jury judgment against the firm was entered on May 22, 2026.
Legal Context
This case follows the disciplinary pattern established by the 2020 South Dakota Supreme Court ruling against Scott Swier. It reflects the ongoing judicial scrutiny of professional conduct within the state's legal community.
Residents and those seeking legal representation in the Sioux Falls area are reminded to verify the disciplinary records of law firms before signing agreements. This case reinforces the importance of monitoring fiduciary relationships in estate and elder law matters.
The takeaway
Clients should remain vigilant about potential conflicts of interest when attorneys represent multiple family members in estate matters. Ensuring clear communication and independent legal counsel can help protect assets and personal autonomy for the elderly.
Further reading
For more on legal accountability, visit Financial Crime.
Source note: This article includes information reported by The Mitchell Republic.
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