Rule 1.1 | Rule-1.2 | Rule-1.3 | Rule-1.5 | Rule-1.6 | Rule-1.7 | Rule-1.8 | Rule-1.9 | Rule-1.10 | Rule-1.11 | Rule-1.13 | Rule-1.15 | Rule-1.16 | Rule-1.17 | Rule-1.19 | Rule-1.20 | Rule-2.1 | Rule-3.3 | Rule-3.4 | Rule-3.5 | Rule-3.7 | Rule-3.8 | Rule-4.1 | Rule-4.2 | Rule-4.3 | Rule-5.3 | Rule-5.4 | Rule-5.5 | Rule-7.1 | Rule-7.2 | Rule-7.3 | Rule-7.4 | Rule-7.5 | Rule-8.3 | Rule-8.4

Montana Rules of Professional Conduct

Rule 1.1 - Competence

• OPINION 900409: Are attorney sales of "do it yourself" divorce kits ethical?
• OPINION 900517: Conflict of interest (insurer paying independent counsel)
• Opinion 970717: Declining or Terminating Representation
• OPINION 011114: Marketing language for a pre-paid legal services provider

Rule 1.2 Scope of Representation and Allocation of Authority Between Client and Lawyer

• Opinion 870522: Candor Toward Tribunal (Basis For Workers Comp Lump Sum Award)
• Opinion 100412: HIPAA & psychotherapy notes
• Opinion 101216: Unbundling/Limited Scope Representation
• Opinion 112314: Client Provides False Information (Bankruptcy)
• Opinion 131224: A lawyer should not agree to personally indemnify the releasee from any lien claims

Rule 1.3- Diligence

• Opinion 970717: Declining or Terminating Representation

Rule 1.5- Fees

• Opinion 900517: Conflict of Interest (Insurer Paying Independent Counsel)
• Opinion 930318: Attorney as Witness (Re Own Fees)
• Opinion 950411: Fees (Contingent for Nonlegal Services)
• Opinion 990119: Contingency Fee From Past Due Child Support
• Opinion 000209: Division of Fees Upon Leaving a Firm
• Opinion 040804: Contingent fees in pursuing non-marital assets in a divorce
• Opinion 040809: Written consent of an insurer's client; 3/28/05 supplement
• Opinion 080711: Fixed fees allowed under Rules, with ethical conditions
• Opinion 101216: Unbundling/Limited Scope Representation

Rule 1.6- Confidentiality of Information

• Opinion 850820: Public/Private Representation (Court Appointments)
• Opinion 870326: Candor Toward Tribunal (Client Perjury)
• Opinion 880203: Confidentiality (Attorney as Party In Dissolution)
• Opinion 890301: Confidentiality (Disclosure by Attorney Accused by Client of Crime)
• Opinion 890317: Conflict of Interest (Simultaneous Representation by Attorney of Unrelated Plaintiff and Defense Cases Using Single Adjuster)
• Opinion 910510: Client Files (Destruction)
• Opinion 940112: Conflict of Interest (Former Client - Consent Required)
• Opinion 940202: Attorney/Client Relationship (Government Attorney and Government Agency)
• Opinion 951026: Former Client/Firm (Conflict of Interest)
• Opinion 960227: Attorney Fees (Impermissible Referral Service)
• Opinion 960828: Confidentiality (Client Billing)
• Opinion 970717: Declining or Terminating Representation
• Opinion 981212: Confidentiality (Child Support Enforcement Division)
• Opinion 981216: Conflict of Interest (Real Estate Transactions)
• Opinion 001027: Use of Credit Bureaus and Collection Agencies
• Opinion 001028: Moving from Private Practice to Public Office
• Opinion 010830: Prior correspondence as "taint-shopping"
• Opinion 011114: Marketing language for a pre-paid legal services provider
• Opinion 040809: Written consent of an insurer's client; 3/28/05 supplement
• Opinion 050621: Call-In Bond Condition
• Opinion 070523: Fatality review information
• Opinion 112314: Client Provides False Information (Bankruptcy)
• Opinion 100310: Notary-rule compliance

Rule 1.7- Conflict of Interest: Current Clients

• Opinion 850820: Public/Private Representation (Court Appointments)
• Opinion 850916: Conflict of Interest (Opposing Parties in Dissolution Represented by Same Firm)
• Opinion 860218: Conflict of Interest (Simultaneous Representation of Wrongful Death and Survivorship Actions)
• Opinion 860903: Public/Private Representation (Consent to County Attorney's Suit Against State Department)
• Opinion 880211: Public/Private Representation (Civil Representation and Prosecutorial
• Opinion 890317: Conflict of Interest (Simultaneous Representation by Attorney of Unrelated Plaintiff and Defense Cases Using Single Adjuster)
• Opinion 900517: Conflict of Interest (Insurer Paying Independent Counsel)
• Opinion 910222: Unauthorized Practice of Law
• Opinion 940112: Conflict of Interest (Former Client - Consent Required)
• Opinion 950721: Judges (Presiding Where Spouse is Deputy Sheriff)
• Opinion 960731: Conflict of Interest (Spouses Retain Attorney for Estate Planning)
• Opinion 960801: Conflict of Interest (Simultaneous Representation)
• Opinion 960827: Conflict of Interest (Prosecutor Salary Paid From Forfeiture Funds)
• Opinion 960924: Conflict of Interest (Conflict-Free Counsel)
• Opinion 981212: Confidentiality (Child Support Enforcement Division)
• Opinion 001028: Moving from Private Practice to Public Office
• Opinion 001029: Attorney Elected to Public Office: Disposition of Law Practice
• Opinion 010417: Defending and Prosecuting in Same Jurisdiction
• Opinion 010830: Prior correspondence as "taint-shopping"
• Opinion 100623: Marriage & law-business conflicts
• Opinion 131224: A lawyer should not agree to personally indemnify the releasee from any lien claims

Opinion Rule 1.8- Conflict of Interest: Current Clients: Specific Rules

• Opinion 860218: Conflict of Interest (Simultaneous Representation of Wrongful Death and Survivorship Actions)
• Opinion 860723: Advances to Clients (Loans and Loan Guaranties, Expenses of Litigation)
• Opinion 900517: Conflict of Interest (Insurer Paying Independent Counsel)
• Opinion 910529: Delinquent Client Accounts (Collection by Attorney as Trustee)
• Opinion 930318: Attorney as Witness (Re Own Fees)
• Opinion 940112: Conflict of Interest (Former Client - Consent Required)
• Opinion 941221: Solicitation (Targeted Mailing)
• Opinion 950221: Former Client (Return or Retention of Papers)
• Opinion 950407: Diligence (Opposed by Spouse's Firm)
• Opinion 951231: Conflict of Interest (None For Attorney in Capacity as Trustee)
• Opinion 000210: Retaining Liens
• Opinion 040809: Written consent of an insurer's client; 3/28/05 supplement
• Opinion 131224: A lawyer should not agree to personally indemnify the releasee from any lien claims

Rule 1.9 Duties to Former Clients

• Opinion 850820: Public/Private Representation (Court Appointments)
• Opinion 870513: Organization Representation (Who Is the Client?)
• Opinion 890720: Public/Private Representation (Unrelated Matters)
• Opinion 901116: Conflict of Interest (Former Client)
• Opinion 940112: Conflict of Interest (Former Client - Consent Required)
• Opinion 951026: Former Client/Firm (Conflict of Interest)
• Opinion 981216: Conflict of Interest (Real Estate Transactions)
• Opinion 001028: Moving from Private Practice to Public Office
• Opinion 001029: Attorney Elected to Public Office: Disposition of Law Practice
• Opinion 010830: Prior correspondence as "taint-shopping"
• Opinion 112314: Client Provides False Information (Bankruptcy)

Rule 1.10: Imputation of Conflicts of Interest General Rule

• Opinion 860218: Conflict of Interest (Simultaneous Representation of Wrongful Death and Survivorship Actions)
• Opinion 960924: Conflict of Interest (Conflict-Free Counsel)
• Opinion 001028: Moving from Private Practice to Public Office
• Opinion 100623: Marriage & law-business conflicts

Rule 1.11- Special Conflicts of Interest for Former and Current Government Officers and Employers

• Opinion 850820: Public/Private Representation (Court Appointments)
• Opinion 890720: Public/Private Representation (Unrelated Matters)
• Opinion 940330: Public/Private Representation (Former County Attorney - Claim Against County)
• Opinion 951026: Former Client/Firm (Conflict of Interest)
• Opinion 001028: Moving from Private Practice to Public Office
• Opinion 001029: Attorney Elected to Public Office: Disposition of Law Practice

Rule 1.13- Organization as Client

• Opinion 870513: Organization Representation (Who Is the Client?)
• Opinion 940202: Attorney/Client Relationship (Government Attorney and Government Agency)

Rule 1.15- Safekeeping Property

• Opinion 910226: Attorney Fees (Withholding From Trust Funds)
• Opinion 910510: Client Files (Destruction)
• Opinion 080711: Fixed fees allowed under Rules, with ethical conditions

Rule 1.16- Declining or Terminating Representation

• Opinion 860115: Client Files (Retention)
• Opinion 880211: Public/Private Representation (Civil Representation and Prosecutorial
• Opinion 880218: Client Files (Retention Schedule)
• Opinion 950221: Former Client (Return or Retention of Papers)
• Opinion 970717: Declining or Terminating Representation
• Opinion 000210: Retaining Liens
• Opinion 080711:  Fixed fees allowed under Rules, with ethical conditions
• Opinion 100412: HIPAA & psychotherapy notes
• Opinion 112314: Client Provides False Information (Bankruptcy)

Rule 1.17- Government Employment

• Opinion 910604: Public/Private Representation (Representative of Estate and Criminal Investigation of Decedent)

Rule 1.19- Sale of Law Practice

• Opinion 030716: Attorney May Not Create Lawyer Referral Service

Rule 1.20- Duties to Prospective Clients

• Opinion 112314: Client Provides False Information (Bankruptcy)

Rule 2.1- Advisor

• 910222 Unauthorized Practice of Law
• Opinion 131224: A lawyer should not agree to personally indemnify the releasee from any lien claims

Rule 3.3- Candor toward the Tribunal

• Opinion 870326: Candor Toward Tribunal (Client Perjury)
• Opinion 870522: Candor Toward Tribunal (Basis For Workers Comp Lump Sum Award)
• Opinion 981212: Confidentiality (Child Support Enforcement Division)
• Opinion 030703: Serving Court-Instructed Order to Opposing Counsel
• Opinion 050621: Call-In Bond Condition
• Opinion 112314: Client Provides False Information (Bankruptcy)

Rule 3.4- Fairness to Opposing Party and Counsel

• Opinion 850913: Fees (Witness Contingent)
• Opinion 011115: Contacting a complaining witness for a civil settlement

Rule 3.5- Impartiality and Decorum of the Tribunal

• Opinion 030703: Serving Court-Instructed Order to Opposing Counsel

Rule 3.7- Lawyer as Witness

• Opinion 140519: Attorney as advocate or witness at trial (Rule 3.7, Mont. R. Prof. Cond.)
• Opinion 870520: Attorney as Witness (Re Own Fees)
• Opinion 930318: Attorney as Witness (Re Own Fees)
• Opinion 050317: Deputy County Attorney as Witness

Rule 3.8- Special Responsibilities of a Prosecutor

• Opinion 960827: Conflict of Interest (Prosecutor Salary Paid From Forfeiture Funds)
• Opinion 011115: Contacting a complaining witness for a civil settlement
• Opinion 050317: Deputy County Attorney as Witness

Rule 4.1- Truthfulness in Statements to Others

• Opinion 112314: Client Provides False Information (Bankruptcy)

Rule 4.2- Communication with Person Represented by Counsel

• Opinion 900703: Second Opinion
• Opinion 940430: Witness (Ex Parte Contact)
• Opinion 951229: Witness (Ex Parte Information Obtained Under Pretext)
• Opinion 101216: Unbundling/Limited Scope Representation
• Opinion 112314: Client Provides False Information (Bankruptcy)

Rule 4.3- Dealing with Unrepresented Person

• Opinion 011115: Contacting a complaining witness for a civil settlement

Rule 5.3- Responsibilities Regarding Non-lawyer Assistants

• Opinion 930927: Fees (Referral by Runners)
• Opinion 951229: Witness (Ex Parte Information Obtained Under Pretext)
• Opinion 960828: Confidentiality (Client Billing)

Rule 5.4- Professional Independence of a Lawyer

• Opinion 850913: Fees (Witness Contingent)
• Opinion 910222: Unauthorized Practice of Law
• Opinion 950411: Fees (Contingent for Nonlegal Services)
• Opinion 960227: Attorney Fees (Impermissible Referral Service)
• Opinion 000111: Multi-Disciplinary Practice

Rule 5.5- Unauthorized Practice Law

• Opinion 850913: Fees (Witness Contingent)
• Opinion 910222: Unauthorized Practice of Law
• Opinion 930927: Fees (Referral by Runners)

Rule 7.1- Communications Concerning a Concerning a Lawyer's Services.

• 870709 Advertising (Newspaper)
• 900308 Professional Corporation/Letterheads/Office Sharing
• 910222 Unauthorized Practice of Law
• 941221 Solicitation (Targeted Mailing)
• 011114 Marketing language for a pre-paid legal services provider
• 080711 Fixed fees allowed under Rules, with ethical conditions

Rule 7.2- Advertising

• 910222 Unauthorized Practice of Law
• 930927 Fees (Referral by Runners)
• 950411 Fees (Contingent for Nonlegal Services)
• 960227 Attorney Fees (Impermissible Referral Service)
• 011114 Marketing language for a pre-paid legal services provider
• 030716 Attorney May Not Create Lawyer Referral Service

Rule 7.3- Direct Contact with Prospective Clients

• Opinion 870709: Advertising (Newspaper)
• Opinion 910222: Unauthorized Practice of Law
• Opinion 941221: Solicitation (Targeted Mailing)
• Opinion 951027: Solicitation (Targeted Mailing)
• Opinion 951230: Solicitation (Permissible Direct Contact With Prospective Clients)
• Opinion 960227: Attorney Fees (Impermissible Referral Service)
• Opinion 011114: Marketing language for a pre-paid legal services provider

Rule 7.4- Communication of Field of Practice and Specialization

• Opinion 910222: Unauthorized Practice of Law

Rule 7.5- Firm Name and Letterheads

• Opinion 861126: Letterheads (Public Officials)
• Opinion 900308: Professional Corporation/Letterheads/Office Sharing
• Opinion 001029: Attorney Elected to Public Office: Disposition of Law Practice

Rule 8.3- Reporting Professional Misconduct

• Opinion 951229: Witness (Ex Parte Information Obtained Under Pretext)

Rule 8.4- Misconduct

• Opinion 850820: Public/Private Representation (Court Appointments)
• Opinion 940112: Conflict of Interest (Former Client - Consent Required)
• Opinion 951229: Witness (Ex Parte Information Obtained Under Pretext)
• Opinion 050317: Deputy County Attorney as Witness
• Opinion 112314: Client Provides False Information (Bankruptcy)