Ethics opinions are numbered as YY/MM/DD and categorized as applied to Montana Rules of Professional Conduct.
The Latest Opinions
Issued on May 19
Attorney as advocate or witness at trial (Rule 3.7, Mont. R. Prof. Cond.)
140519
Issued on Dec 24, 2013
A lawyer should not agree to personally indemnify the releasee from any lien claims
131224
Issued on December 14, 2011
Bankruptcy
112314
Issued on December 16, 2010
Unbundling/Limited Scope Representation
101216
Issued on June 23, 2010
Marriage & law-business conflicts
These 3 potential conflict occur in a small Montana town.
100623
Issued on April 12, 2010
HIPAA & psychotherapy notes: Can you disclose your client's psychotherapy file -- to your client?
100412
Issued on March 10, 2010
Notary-rule compliance
Do lawyers have a choice to comply with the new MCA 1-5-416(1)(g)?
100310
Issued on July 11, 2008
Fixed fees: They're allowed under Rules of Conduct, but such contracts must meet certain ethical obligations.
080711
900409 Do-It-Yourself Kits (Sold By Attorney)
900517 Conflict of Interest (Insurer Paying Independent Counsel)
970717 Declining or Terminating Representation
011114 Marketing language for a pre-paid legal services provider
870522 Candor Toward Tribunal (Basis For Workers Comp Lump Sum Award)
100412 HIPAA & psychotherapy notes
101216 Unbundling/Limited Scope Representation
112314 Client Provides False Information (Bankruptcy)
970717 Declining or Terminating Representation
900517 Conflict of Interest (Insurer Paying Independent Counsel)
930318 Attorney as Witness (Re Own Fees)
950411 Fees (Contingent for Nonlegal Services)
990119 Contingency Fee From Past Due Child Support
000209 Division of Fees Upon Leaving a Firm
040804 Contingent fees in pursuing non-marital assets in a divorce
040809 Written consent of an insurer's client; 3/28/05 supplement
080711 Fixed fees allowed under Rules, with ethical conditions
101216 Unbundling/Limited Scope Representation
850820 Public/Private Representation (Court Appointments)
870326 Candor Toward Tribunal (Client Perjury)
880203 Confidentiality (Attorney as Party In Dissolution)
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
910510 Client Files (Destruction)
940112 Conflict of Interest (Former Client - Consent Required)
940202 Attorney/Client Relationship (Government Attorney and Government Agency)
951026 Former Client/Firm (Conflict of Interest)
960227 Attorney Fees (Impermissible Referral Service)
960828 Confidentiality (Client Billing)
970717 Declining or Terminating Representation
981212 Confidentiality (Child Support Enforcement Division)
981216 Conflict of Interest (Real Estate Transactions)
001027 Use of Credit Bureaus and Collection Agencies
001028 Moving from Private Practice to Public Office
010830 Prior correspondence as "taint-shopping"
011114 Marketing language for a pre-paid legal services provider
040809 Written consent of an insurer's client; 3/28/05 supplement
050621 Call-In Bond Condition
070523 Fatality review information
112314 Client Provides False Information (Bankruptcy)
100310 Notary-rule compliance
850820 Public/Private Representation (Court Appointments)
850916 Conflict of Interest (Opposing Parties in Dissolution Represented by Same Firm)
860218 Conflict of Interest (Simultaneous Representation of Wrongful Death and Survivorship Actions)
860903 Public/Private Representation (Consent to County Attorney's Suit Against State Department)
880211 Public/Private Representation (Civil Representation and Prosecutorial
890317 Conflict of Interest (Simultaneous Representation by Attorney of Unrelated Plaintiff and Defense Cases Using Single Adjuster
900517 Conflict of Interest (Insurer Paying Independent Counsel)
910222 Unauthorized Practice of Law
940112 Conflict of Interest (Former Client - Consent Required)
950721 Judges (Presiding Where Spouse is Deputy Sheriff)
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)
960924 Conflict of Interest (Conflict-Free Counsel)
981212 Confidentiality (Child Support Enforcement Division)
001028 Moving from Private Practice to Public Office
001029 Attorney Elected to Public Office: Disposition of Law Practice
010417 Defending and Prosecuting in Same Jurisdiction
010830 Prior correspondence as "taint-shopping"
100623 Marriage & law-business conflicts
860218 Conflict of Interest (Simultaneous Representation of Wrongful Death and Survivorship Actions)
860723 Advances to Clients (Loans and Loan Guaranties, Expenses of Litigation)
900517 Conflict of Interest (Insurer Paying Independent Counsel)
910529 Delinquent Client Accounts (Collection by Attorney as Trustee)
930318 Attorney as Witness (Re Own Fees)
940112 Conflict of Interest (Former Client - Consent Required)
941221 Solicitation (Targeted Mailing)
950221 Former Client (Return or Retention of Papers)
950407 Diligence (Opposed by Spouse's Firm)
951231 Conflict of Interest (None For Attorney in Capacity as Trustee)
000210 Retaining Liens
040809 Written consent of an insurer's client; 3/28/05 supplement
850820 Public/Private Representation (Court Appointments)
870513 Organization Representation (Who Is the Client?)
890720 Public/Private Representation (Unrelated Matters)
901116 Conflict of Interest (Former Client)
940112 Conflict of Interest (Former Client - Consent Required)
951026 Former Client/Firm (Conflict of Interest)
981216 Conflict of Interest (Real Estate Transactions)
001028 Moving from Private Practice to Public Office
001029 Attorney Elected to Public Office: Disposition of Law Practice
010830 Prior correspondence as "taint-shopping"
112314 Client Provides False Information (Bankruptcy)
860218 Conflict of Interest (Simultaneous Representation of Wrongful Death and Survivorship Actions)
960924 Conflict of Interest (Conflict-Free Counsel)
001028 Moving from Private Practice to Public Office
100623 Marriage & law-business conflicts
850820 Public/Private Representation (Court Appointments)
890720 Public/Private Representation (Unrelated Matters)
940330 Public/Private Representation (Former County Attorney - Claim Against County)
951026 Former Client/Firm (Conflict of Interest)
001028 Moving from Private Practice to Public Office
001029 Attorney Elected to Public Office: Disposition of Law Practice
870513 Organization Representation (Who Is the Client?)
940202 Attorney/Client Relationship (Government Attorney and Government Agency)
910226 Attorney Fees (Withholding From Trust Funds)
910510 Client Files (Destruction)
080711 Fixed fees allowed under Rules, with ethical conditions
860115 Client Files (Retention)
880211 Public/Private Representation (Civil Representation and Prosecutorial
880218 Client Files (Retention Schedule)
950221 Former Client (Return or Retention of Papers)
970717 Declining or Terminating Representation
000210 Retaining Liens
080711 Fixed fees allowed under Rules, with ethical conditions
100412 HIPAA & psychotherapy notes
112314 Client Provides False Information (Bankruptcy)
910604 Public/Private Representation (Representative of Estate and Criminal Investigation of Decedent)
030716 Attorney May Not Create Lawyer Referral Service
112314 Client Provides False Information (Bankruptcy)
910222 Unauthorized Practice of Law
870326 Candor Toward Tribunal (Client Perjury)
870522 Candor Toward Tribunal (Basis For Workers Comp Lump Sum Award)
981212 Confidentiality (Child Support Enforcement Division)
030703 Serving Court-Instructed Order to Opposing Counsel
050621 Call-In Bond Condition
112314 Client Provides False Information (Bankruptcy)
850913 Fees (Witness Contingent)
011115 Contacting a complaining witness for a civil settlement
030703 Serving Court-Instructed Order to Opposing Counsel
140519 Attorney as advocate or witness at trial (Rule 3.7, Mont. R. Prof. Cond.)
870520 Attorney as Witness (Re Own Fees)
930318 Attorney as Witness (Re Own Fees)
050317 Deputy County Attorney as Witness
960827 Conflict of Interest (Prosecutor Salary Paid From Forfeiture Funds)
011115 Contacting a complaining witness for a civil settlement
050317 Deputy County Attorney as Witness
112314 Client Provides False Information (Bankruptcy)
900703 Second Opinion
940430 Witness (Ex Parte Contact)
951229 Witness (Ex Parte Information Obtained Under Pretext)
101216 Unbundling/Limited Scope Representation
112314 Client Provides False Information (Bankruptcy)
011115 Contacting a complaining witness for a civil settlement
930927 Fees (Referral by Runners)
951229 Witness (Ex Parte Information Obtained Under Pretext)
960828 Confidentiality (Client Billing)
850913 Fees (Witness Contingent)
910222 Unauthorized Practice of Law
950411 Fees (Contingent for Nonlegal Services)
960227 Attorney Fees (Impermissible Referral Service)
000111 Multi-Disciplinary Practice
850913 Fees (Witness Contingent)
910222 Unauthorized Practice of Law
930927 Fees (Referral by Runners)
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
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
870709 Advertising (Newspaper)
910222 Unauthorized Practice of Law
941221 Solicitation (Targeted Mailing)
951027 Solicitation (Targeted Mailing)
951230 Solicitation (Permissible Direct Contact With Prospective Clients)
960227 Attorney Fees (Impermissible Referral Service)
011114 Marketing language for a pre-paid legal services provider
910222 Unauthorized Practice of Law
861126 Letterheads (Public Officials)
900308 Professional Corporation/Letterheads/Office Sharing
001029 Attorney Elected to Public Office: Disposition of Law Practice
951229 Witness (Ex Parte Information Obtained Under Pretext)
850820 Public/Private Representation (Court Appointments)
940112 Conflict of Interest (Former Client - Consent Required)
951229 Witness (Ex Parte Information Obtained Under Pretext)
050317 Deputy County Attorney as Witness
112314 Client Provides False Information (Bankruptcy)
Opinions Decided Under the Canons of Professional Ethics (rules before 1985)
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