State Bar of Montana

Ethics Opinions by Year and Number


1985 1986 1987 1988 1989 1990 1991 1993 1994 1995 1996 1997 1998 1999 2000 2001 2003 2004 2005 2007 2008 2009 2010 2011

 

1985

850820 Public/Private Representation (Court Appointments)
850913 Fees (Witness Contingent)
850916 Conflict of Interest (Opposing Parties in Dissolution Represented by Same Firm)
851203 Settlement (By Attorney Under Special Contingent Agreement)

1986

860115 Client Files (Retention)
860218 Conflict of Interest (Simultaneous Representation of Wrongful Death and Survivorship Actions)
860312 Public/Private Representation (Suit Against State by County Attorney)
860723 Advances to Clients (Loans and Loan Guaranties, Expenses of Litigation)
860903 Public/Private Representation (Consent to County Attorney's Suit Against State Department)
861126 Letterheads (Public Officials)

1987

870326 Candor Toward Tribunal (Client Perjury)
870513 Organization Representation (Who Is the Client?)
870520 Attorney As Witness (Re Own Fees)
870522 Candor Toward Tribunal (Basis For Workers Comp Lump Sum Award)
870709 Advertising (Newspaper)
870723 Conflict of Interest (Representing Prior Opponent)
871008 Paralegals (Bankruptcy Appearance By)

1988

880203 Confidentiality (Attorney as Party In Dissolution)
880211 Public/Private Representation (Civil Representation and Prosecutorial Investigation of Same Person)
880218 Client Files (Retention Schedule)
881130 Public/Private Representation (City Attorney Defending County Prosecution)

1989

890301 Confidentiality (Disclosure by Attorney Accused by Client of Crime)
890317 Conflict of Interest (Simultaneous Representation by Attorney of Unrelated Plaintiff and Defense Cases Using Single Adjuster
890720 Public/Private Representation (Unrelated Matters)

1990

900308 Professional Corporation/Letterheads/Office Sharing
900409 Do-It-Yourself Kits (Sold By Attorney)
900517 Conflict of Interest (Insurer Paying Independent Counsel)
900703 Second Opinion
901116 Conflict of Interest (Former Client)

1991

910222 Unauthorized Practice of Law
910226 Attorney Fees (Withholding From Trust Funds)
910510 Client Files (Destruction)
910529 Delinquent Client Accounts (Collection by Attorney as Trustee)
910604 Public/Private Representation (Representative of Estate and Criminal Investigation of Decedent)

1993

930318 Attorney as Witness (Re Own Fees)
930927 Fees (Referral by Runners)

1994

940112 Conflict of Interest (Former Client - Consent Required)
940202 Attorney/Client Relationship (Government Attorney and Government Agency)
940330 Public/Private Representation (Former County Attorney - Claim Against County)
940430 Witness (Ex Parte Contact)
941221 Solicitation (Targeted Mailing)

1995

950221 Former Client (Return or Retention of Papers)
950407 Diligence (Opposed by Spouse's Firm)
950411 Fees (Contingent for Nonlegal Services)
950721 Judges (Presiding Where Spouse is Deputy Sheriff)
951026 Former Client/Firm (Conflict of Interest)
951027 Solicitation (Targeted Mailing)
951229 Witness (Ex Parte Information Obtained Under Pretext)
951230 Solicitation (Permissible Direct Contact With Prospective Clients)
951231 Conflict of Interest (None For Attorney in Capacity as Trustee)

1996

960227 Attorney Fees (Impermissible Referral Service)
960731 Conflict of Interest (Spouses Retain Attorney for Estate Planning)
960801 Conflict of Interest (Simultaneous Representation)
960827 Conflict of Interest (Prosecutor Salary Paid From Forfeiture Funds)
960828 Confidentiality (Client Billing)
960924 Conflict of Interest (Conflict-Free Counsel)

1997

970717 Declining or Terminating Representation

1998

981212 Confidentiality (Child Support Enforcement Division)
981216 Conflict of Interest (Real Estate Transactions)

1999

990119 Contingency Fee From Past Due Child Support

2000
000111 Multi-Disciplinary Practice
000209 Division of Fees Upon Leaving a Firm
000210 Retaining Liens
001027 Use of Credit Bureaus and Collection Agencies
001028 Moving from Private Practice to Public Office
001029 Attorney Elected to Public Office: Disposition of Law Practice

2001
010417 Defending and Prosecuting in Same Jurisdiction
010830 Prior correspondence as "taint-shopping"
011114 Marketing language for a pre-paid legal services provider
011115 Contacting a complaining witness for a civil settlement

2003
030703 Serving Court-Instructed Order to Opposing Counsel
030716 Attorney May Not Create Lawyer Referral Service

2004
040804 Contingent fees in pursuing non-marital assets in a divorce
040809 Written consent of an insurer's client; 3/28/05 supplement

2005
050317 Deputy County Attorney as Witness
050621 Call-In Bond Condition

2006

2007
070523 Fatality review information

2008
080711 Fixed fees allowed under Rules, with ethical conditions

2009

2010
100310 Notary-rule compliance
100412 HIPAA & psychotherapy notes
100623 Marriage & law-business conflicts
101216 Unbundling/LImited Scope Representation

2011
112314 Client Provides False Information (Bankruptcy)

 

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