James Nicolai

Practice Concentrations:

Jim works primarily with the personal injury team, but is also available to help with research and appellate work across all of SW&L’s Practice Groups.  He is sympathetic to the plight of injured clients, having himself suffered severe injuries to his left foot and leg in an accident.

Professional History:

Jim joined SW&L in 2024 after resigning from the North Dakota Attorney General’s office, where he held positions as the Deputy Solicitor General and Interim Solicitor General.  He has over thirty years of legal experience from a combination of multiple federal judicial clerkships, private practice, and government work. He has appellate experience in North Dakota and Minnesota state courts, the Eighth Circuit Court of Appeals, and briefing before the United States Supreme Court in a proceeding to stay North Dakota’s election laws and a brief in opposition to a cert petition in a First Amendment challenge to North Dakota’s integrated bar association.

Bar Admissions

  • North Dakota 1990 (Bar ID 04789)
  • Minnesota 1992 (Bar ID 232701)
  • United States District Court, District of North Dakota 1992
  • United States District Court, District of Minnesota 1996
  • United States Court of Appeals for the Eighth Circuit 1994 (Bar ID 94-0201)
  • United States Supreme Court 2019 (Bar ID 311387)

Education History

Jim earned a Bachelor of Arts degree from North Dakota State University in 1986, graduating magna cum laude. Jim later attended the University of North Dakota School of Law, graduating with distinction in 1990. Jim received several honors and awards during law school, including the Jurisprudence Award (first in class) in Contracts I, Con Law I, and Remedies; the Burtness Constitutional Law Award; the Thormodsgard Memorial Constitutional Law Award; the Marvin D. Sanders Scholarship; and Best Respondent Brief UND 1990 Moot Court Competition.

Professional Memberships

  • Member, State Bar Association of North Dakota
  • Distinguished Service Certificate, North Dakota Office of Attorney General 2022
  • Eighth Circuit Court of Appeals Special Service Awards 2011, 2016
  • Certificates of Service, Minnesota Mock Trial Program Attorney Coach 1994, 1995, 1996
  • Bismarck Inns of Court – Guest speaker on Appellate Practice Tips
  • CLE presenter on Railroad Crossing Liability

Personal Background

Jim grew up in Ellendale, North Dakota, before attending high school at a private boarding school in Fargo where he was competitive in sports, earning All State honors in track and cross country. He is the proud father of three grown children from his first marriage.  He currently resides in Florida with his beautiful wife, Eliana, working remotely for the firm from there.