Joseph R Lux


I was born and raised in West Point Nebraska. When I was just 8 years old, I visited the Black Hills for the first time. I immediately knew that the Black Hills was the place for me. I stayed in Nebraska until I graduated from the University of Nebraska at Lincoln with a degree in Ornamental Horticulture in 1975. The following year I moved to Hot Springs, located in the Southern Black Hills, where I owned a greenhouse and landscaping business. I became active in community affairs and became a city councilman of, and later, the Mayor of, Hot Springs.

I eventually sold my business, attended the University of South Dakota School of Law and achieved my juris doctor degree in 1992. I was accepted by Robert A. Miller, the Chief Justice of the South Dakota Supreme Court, to be his law clerk for a term. In 1993, I joined the firm of Costello Porter, a firm which had earlier represented me in matters related to my business in Hot Springs. I work primarily with private clients in many areas of the law, in all of the federal and state courts of South Dakota, as well as in many of the tribal courts located in this state.

I have a significant practice working with, and advising, individuals and businesses on a wide spectrum of matters. These matters include business entity creation, mergers and sales of stock or assets, including trademark and copyright issues. I assist all kinds of buyers and sellers concerning the sale or purchase of everything from real estate to businesses to personal vehicles and everything in between. Frequently, many of these issues have to be determined in light of a person's estate planning or personal and family needs, so I also have a significant practice in estate planning, including wills, trusts, charitable giving, powers of attorney and living wills, with the related areas of probate and probate disputes or outright will contests. My work with area health care clinics and personnel keeps me abreast of the latest trends and issues for the heath care providers as well as for the patients and clients who need their services.

My work in the tribal courts, including various tribal supreme courts, as well as TERO and other administrative offices, and on occasion, before tribal councils, has been extensive. I have assisted numerous individuals and businesses in Indian Country whose circumstances bring them, willingly or not so willingly, into contact with tribal or Bureau of Indian Affairs offices and laws, including the unique laws related to estate planning and probate for tribal members and their families and heirs. I have also assisted and represented various tribal entities, not only in tribal courts, but federal courts as well, which has given me a view of matters in Indian Country from all points of view.

My prior real life and business experience, and my experience as an elected official give me a unique perspective when it comes to matters touching on city or county planning and zoning matters. My active involvement in numerous community organizations for almost 30 years gives me an appreciation of knowing when to use the team approach for resolving problems, and when it is advantageous to work out an individual approach to resolving a problem, both in court and out of court.

Tel. 605.343.2410
Fax. 605.343.4262

Practice Areas:

  • Appellate Practice
  • Asset Protection
  • Banking and Finance
  • Business Law
  • Business Litigation
  • Business Planning and Litigation
  • Business Transactions
  • Charitable Giving
  • Civil Litigation
  • Civil Practice
  • Commercial Law
  • Commercial Litigation
  • Commercial Transactions and Securities
  • Construction Law
  • Construction Litigation
  • Contested Wills
  • Contract Law
  • Contracts
  • Corporate Law
  • Corporate and Business
  • Eminent Domain
  • Employment Law
  • Estate Administration
  • Estate Planning
  • Estate Planning and Probate
  • Estate Planning for the Disabled
  • Family Business Law
  • Family Limited Partnerships
  • Family Trusts
  • Federal Estate and Gift Taxation
  • Government Contracts
  • Government Relations
  • Guardianship Administration
  • Guardianship and Conservatorship
  • Health Law
  • Indian Law
  • Intellectual Property
  • Limited Liability companies
  • Litigation
  • Living Trusts
  • Living Wills
  • Marital Agreements
  • Mechanics' Liens
  • Medical Mergers
  • Powers of Attorney
  • Probate
  • Property Law
  • Real Estate
  • Stark Act