Rule 1.17 - Sale of Law PracticeA lawyer or a law firm may sell or purchase a law practice, or an area of law practice, including good will, if the following conditions are satisfied:
(a) The agreement shall be in writing and may contain restrictions on the practice of law by the seller, and the seller may be the estate of a deceased lawyer.(b) The entire practice, or the entire area of practice, is sold to one or more lawyers or law firms;(c) The seller gives written notice to each of the seller's clients regarding:(2) the client's right to retain other counsel or to take possession of the file; and(3) the fact that the client's consent to the transfer of the client's files will be presumed if the client does not take any action or does not otherwise object within ninety (90) days of receipt of the notice. If a client cannot be given notice, the representation of that client may be transferred to the purchaser only upon entry of an order so authorizing by a court having jurisdiction. The seller may disclose to the court in camera information relating to the representation only to the extent necessary to obtain an order authorizing the transfer of a file.(d) The fees charged clients shall not be increased by reason of sale.SDCL app TO CHAPTER 16-18 r. 1.17