Frequently Asked Questions

It’s possible, but we can’t promise. It depends on your income and how many people have applied for help lately. We want to give everyone who qualifies a free lawyer, but we don’t have resources for everyone. Please apply online — even if you can’t get a free lawyer, we’ll help you figure out what to do next.

We give free or low-cost legal help to as many people as we can. Here are several ways we may help: 

01) Legal Counseling (most common)

We guide you and recommend next steps — through email, a phone call, or an in-person meeting. 

The lawyer does not “represent” you. This means they do not act for you. (For example, they will not file your papers or speak for you in court.)

02) Court Forms & Self-Help Resources

We help you understand how the legal process works so you can represent yourself. (For example: helping you fill out court forms or teaching you about your rights.) 

03) A Lawyer Who Represents You (least common)

A lawyer takes on your whole case. They file your papers and act for you. We have limited lawyers available, so only a few people can get this level of service.

Yes, Dakota Plains Legal Services (DPLS) has experience working with Tribal courts. They also have staff members who speak Native languages.

We take on a variety of civil legal cases. A civil legal case is a situation where someone is not charged with a crime or misdemeanor. That could include legal problems like:

• Family law (divorce, custody, child support, guardianship, etc.)
• Getting legal protection (protection orders, domestic violence, child trafficking, stalking, harassment, sexual assault)
• End-of-life-planning (wills, healthcare directives, estate planning, powers of attorney)
• Housing issues (eviction, landlord/tenant disputes, foreclosure, etc.)
• Consumer protection (debt collection, bankruptcy, scams, etc.)
• Public benefits (Medicaid, SNAP, TANF, SSI/SSDI, etc.)
• Tribal Law (cases in Tribal Court, etc.) 
• Discrimination (employment, housing, disability rights, etc.)
• Employment (wrongful termination, workplace harassment, etc.)

We do not handle criminal cases, personal injury claims, class action lawsuits, or immigration matters.

The short answer: It depends. We can not take on every case, but we encourage you to apply to find out. 

You may qualify for free or lower-cost support if:

You have a lower income.

Each situation is different. If you make less than two times the Federal Poverty Guidelines, you may qualify. 

Depending on the number and ages of people in your household, your eligibility can change. When you apply, we’ll calculate whether you qualify.

OR:

You are 60 years or older.

You are a victim of domestic violence. 

You are a veteran.

There are certain guidelines we have to follow. Plus, we can only help as many qualified people as our resources and staff allow. There is no right to an attorney in a civil legal case. We know legal problems can be tough. So even if we can’t be your lawyer, we’ll give you helpful information and suggest what to do next. 

No, you can’t choose. But don’t worry — we’ll take care of you. We look at your answers and send you to the organization that can help you. Sometimes, we might need to move your case to a different organization. If that happens, our team will handle it for you.

Your answers allow us to see if you qualify for legal aid and know how to best help you.

After you submit your application, the program that received it will contact you. You will get a phone call, email, or letter within 2-5 business days. If you do not respond in 10 days, your application will be closed.

If you have a more urgent deadline, please reach out to the closest agency. 

We try to respond within 2-5 business days. Sometimes, it takes a little longer if we have a lot of applications. We process applications in the order that we get them.

Yes, we will only use the information to know if you qualify for services and to help you with your case.

No, we don’t have a list of free lawyers in South Dakota. However, you can find a list of SD lawyers at findalawyerinsd.com. Keep in mind that costs may vary, and results are not guaranteed. You can also visit sd.freelegalanswers.org to ask a specific question about your civil legal issue, and a pro bono lawyer may answer it.

If you qualify for help, your assigned organization will call or email you within 2-5 business days. Please respond to them directly. They can give you an update and answer your questions.