State Bar of Montana

Ethics Opinions

By Topic

Does not include pre-1985 opinions decided under the Canons of Professional Ethics

ABCDFJKLMOPRS

-A-

ADMINISTRATIVE PROCEEDINGS

Client Files/Papers

 Letterhead


ADVANCES TO CLIENTS


ADVERTISING AND SOLICITATION


ADVICE GIVEN


ACQUIRING INTEREST IN LITIGATION

See also ADVANCES TO CLIENT

  • Advances to Client (860723)
  • Collections, Lawyer as Trustee of Client Records (910529)
  • Fee Assignments (930318)
  • Loans and Loan Guaranties (860723)

ATTORNEY AS WITNESS

  • Necessary Witness and Hardship (870520)
  • Re Own Fees (930318)

 

ATTORNEY/CLIENT RELATIONSHIP

  • Attorney As Trustee or Personal Representative (951231)
  • Mechanics Lien Preparation (880211)
  • Government Attorney/Agency (940202)
  • Termination of Representation (970717)
  • Call-In Bond Condition (050621)


ATTORNEY FEES

  • Associate's Share on Leaving Firm (000209)
  • Contingent Agreement re: Past Due Child Support (990119)
  • Fixed fees 080711
  • Impermissible Referral Service (960227)
  • Multi-Disciplinary Practice (000111)
  • Retaining Liens (000210)
  • Withholding From Trust Funds (910226)

 

-B-

 BANKRUPTCY PRACTICE

  • Client Provides False Information (112314)
  • Role of Paralegal (871008)
  • Mixing Criminal Complaints and Civil Settlements (011115)

 

-C-

CANDOR TOWARD TRIBUNAL

  • Client Perjury (870326)
  • Workers' Comp Lump Sum (870522)
  • Child Support Enforcement Division (981212)
  • Serving Court-Instructed Order to Opposing Counsel (030703)
  • Call-In Bond Condition (050621)


CLIENT FILES


CONFIDENTIALITY

  • Attorney as Party in Dissolution (880203)
  • Client Billing (960828)
  • Disclosure by Attorney Accused by Client of Crime (890301)
  • Multi-Disciplinary Practice (000111)
  • Preservation (000002)
  • Appearance of Impropriety (Use of Information in Private Practice Obtained as Prosecutor)(000006)

 

CONFLICT OF INTEREST

  • Conflict-Free Counsel (960924)
  • Consent Required (940112)
  • Contacting a Complaining Witness (011115)
  • Deputy County Attorney as Witness (050317)
  • Former Client (901116)
  • Insurer Paying Independent Counsel (900517)
  • Intermediary on Buy/Sell Agreement (981216)
  • Judge Presiding Where Spouse is Deputy Sheriff (950721)
  • Multi-Disciplinary Practice (000111)
  • None For Attorney in Capacity as Trustee (951231)
  • Opposed by Spouses Firm (950407)
  • Opposing Parties in Dissolution Represented by Same Firm (850916)
  • Prosecutor Salary Paid From Forfeiture Fund (960827)
  • Representing Prior Opponent (870723)
  • Simultaneous Representation (960801)
  • Simultaneous Representation by Attorney of Unrelated Plaintiff and Defense Cases Using Single Adjuster (890317)
  • Simultaneous Representation of Wrongful Death and Survivorship Actions (860218)
  • Spouses Retain Attorney for Estate Planning (960731)
  • "Taint-shopping" (010830)
     

-D-

DELINQUENT CLIENT ACCOUNTS

  •  Collection by Attorney as Trustee (910529)


DO-IT-YOURSELF KITS

 

-F-

FEES

  • Associate's Share on Leaving Firm (000209)
  • Contingent Agreement re: Past Due Child Support (990119)
  • Contingent for Non-legal Services (950411)
  • Contingent for pursuing non-disclosed assets (040804)
  • Multi-Disciplinary Practice (000111)
  • Payment  by Credit Card (000003)
  • Referral by Runners (930927)
  • Retaining Liens (000210)
  • Witness/Contingent (850913)


FORMER CLIENT

  • Conflict of Interest (951026)
  • Previous Representation as Intermediary (981216)
  • Retaining Liens (000210)
  • Return or Retention of Papers (950221)

 

-J-

JUDGES

  • Presiding Where Spouse is Deputy Sheriff (950721)

 

-K-

KITS, DO-IT-YOURSELF


-L-

 LETTERHEAD

 

-M-

MULTI-DISCIPLINARY PRACTICE


-O-

ORGANIZATION REPRESENTATION

-P-

PAPERS

 

PARALEGALS

  • Bankruptcy Appearance By (871008)

 

PROFESSIONAL CORPORATION

  • Letterhead/Office Sharing (900308)
  • Multi-Disciplinary Practice (000111)
  • Setting Up a Lawyer Referral Service (030716)

 

PROSPECTIVE CLIENT

  • Direct Contact (951230)
  • Marketing Pre-Paid Legal Services (011114)


PUBLIC/PRIVATE REPRESENTATION

  • Being Public Defender and City Attorney in Same Jurisdiction (010417)
  • City Attorney Defending County Prosecution Where City and County Law Enforcement is Consolidated (881130)
  • Consent to County Attorneys Suit Against State Department (860903)
  • Court Appointments (850820)
  • Former County Attorney - Claim Against County (940330)
  • Prior Opponents (951026)
  • Representative of Estate and Criminal Investigation of Decedent (910604)
  • Suit Against State by County Attorney (860312)
  • Unrelated Matters (890720)
  • Withdrawal From Representation (970717)

-R-

REFERRALS

  • By Runners (930927)
  • In Collection Cases (950411)
  • Impermissible (960227)
  • Setting Up a Lawyer Referral Service (030716)
     

RETAINING LIENS

-S-

SECOND OPINION

 

SETTLEMENT

  • By Attorney Under Special Contingent Agreement (851203)

 

SOLICITATION

 

 

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