STURGIS, S.D. – A Canadian man injured in a motorcycle accident during the 2017 Sturgis Motorcycle Rally is suing the law firm and two of the lawyers he hired to take his case, accusing them of malpractice.
Ryan Scott Arrowsmith of Courtenay, British Columbia, filed suit against lawyers Scott Swier, Michael Henderson and the Swier Law Firm. Swier and the Swier Law Firm have faced multiple ethics complaints in the past, and Arrowsmith’s lawsuit is only the latest trouble the law firm and lawyers have confronted.
Arrowsmith sustained injuries on Aug. 11, 2017, when attempting to turn right into a gas station. The city of Sturgis had placed several large garbage cans in the intersection, leading another driver – Devin Odle – to pull his vehicle into the lane of travel so that he could see. As he entered the lane of travel, Odle struck Arrowsmith, throwing him from his motorcycle.
Witnesses to the accident blamed the obstruction on the city, according to Arrowsmith’s lawsuit, as well as Odle.
Before leaving South Dakota in August, Arrowsmith contacted the Swier Law Firm and Scott Swier and Henderson agreed to represent him, his lawsuit says. However, Arrowsmith claims they failed to notify Sturgis of a potential claim within the time period required under state law.
South Dakota requires a person with a potential claim against a government entity to notify that entity of the time, place and cause of an injury within 180 days of its occurrence. Failure to do so bars any recovery of damages.
Swier did not return a message at a number registered in his name. The Swier Law Firm, which once boasted of having offices in Avon, Sioux Falls, Corsica, Winner and White Lake, did not return a message. Henderson could not be reached.
In 2020, the South Dakota Supreme Court suspended Swier’s law license after finding that he and lawyers in his office had engaged in conflicts of interest in a dispute over a $10 million living trust. The Court also based its decision on the firm’s refusal to return a retainer to a client after the firm told the client it couldn’t represent him because of a conflict.
The Court’s decision to suspend Swier’s license was harsher than the penalty recommended by a disciplinary committee, which suggested that Swier be censured. But the Court found that during its oral argument with Swier, he showed “no true remorse,” and used the opportunity to promote Swier Law Firm as an “infomercial.”
In 2021, the Court extended its suspension by three months after it found Swier violated its suspension order by answering an email from another attorney regarding a client.
Swier has not renewed his license, according to the South Dakota Bar Association.
Following Swier’s troubles, Henderson took over Arrowsmith’s case, filing a case against Odle. In 2024, Arrowsmith’s lawsuit says he left the Swier Law Firm and started Henderson Legal Solutions, where he filed a notice of appearance with the court.
But Swier Law and Henderson failed to take depositions and failed to act in a professional manner. The lack of action in the case led a judge to dismiss it.
“Plaintiff’s claim is almost eight years old and no fruitful settlement negotiations, discovery, scheduling orders, motions or any fundamental trial practice was ever conducted by defendants,” the lawsuit says.
Henderson was already facing legal trouble prior to Arrowsmith’s lawsuit. In May, the Mitchell Republic reported that a criminal case had been filed against him for his representation of a Corsica farm family. He is accused of taking $15,000 from the family but not performing services related to a crop insurance claim, deceiving the family that he had been actively pursuing their case.
Henderson faces charges of grand theft of more than $5,000, a class-4 felony, and misconduct by an attorney, a class-2 misdemeanor. He was released on a $5,000 bond. His arraignment is scheduled for Aug. 20.
A separate civil action filed by the Corsica farm family against Henderson is pending.
Henderson’s law license is inactive but in good standing, according to the Bar Association. No disciplinary action has been taken against him.
In his federal lawsuit, Arrowsmith accuses Swier, Henderson and Swier Law Firm of negligence, legal malpractice, fraudulent concealment of deceit, breach of fiduciary duty. He is seeking punitive damages.
Arrowsmith is represented by Zachary Flood of the Alvine Law Firm in Mitchell.
