State Bar of Montana Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the State Bar of Montana, with full citations and source links on every page.
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Can a former county lawyer represent a private client against the county on a road matter the lawyer did not personally handle in office?
Yes, if the new matter is not substantially related to the lawyer's prior county work. The opinion concluded that Rules 1.11(a) and 1.9(a) bar a former government lawyer only where the private matter …
Can a firm represent a plaintiff against an insured whose claim is handled by the same adjusting company that refers the firm defense work in unrelated cases?
Yes, with valid consent. The opinion concluded the situation is governed by Rule 1.7(b) because the firm's interest in keeping the adjuster's defense referrals could materially limit its plaintiff rep…
Can a lawyer reveal client confidences to defend against a criminal accusation the client has made against the lawyer?
Yes. The opinion concluded that Rule 1.6(b)(2)'s self-defense exception lets a lawyer reveal confidential information to establish a defense when the client accuses the lawyer of criminal conduct, dis…
When a representation ends, who owns the client's file and can the lawyer hold it for unpaid fees?
The file belongs to the client. The opinion concluded that under Rule 1.16(d) a discharged lawyer must promptly surrender the client's papers to protect the client's interests, that retaining liens ar…
Can a prosecutor represent someone in a civil matter while investigating possible criminal charges against that same person?
No. The opinion concluded that loyalty under Rule 1.7 bars a lawyer from simultaneously representing a client and acting as the client's adversary, even in unrelated matters; a lawyer may decline repr…
If a lawyer is a party in their own divorce, must they disclose client names, case details, and theories in discovery?
No. The opinion concluded that while public-record documents and knowledge must be produced on request, divulging client names, case details, advances, theories, injuries, and evidence would possibly …
Is a law firm's newspaper ad about workers' comp deadlines improper if it overstates the law, and does broad distribution count as solicitation?
The opinion concluded the ad was misleading under Rule 7.1 because it omitted that the injuries remained compensable under the Occupational Disease Act and implied unjustified results, but its wide ge…
What must a lawyer do if a workers' comp client plans to spend a lump-sum award differently from how it was represented to the court?
The opinion concluded the lawyer must not participate in or aid an improper expenditure or knowingly mislead the court about the intended use of the funds; under Rules 1.2(d) and 3.3, the lawyer canno…
If a lawyer represents a partnership, can the lawyer sue a partner who was expelled from it?
Yes. The opinion concluded that under the entity theory of Rule 1.13, the lawyer represents the partnership as a separate legal entity, not the individual partner, so suing an expelled partner does no…
If a lawyer learns that the client has committed perjury, must the lawyer disclose it to the court?
Yes. The opinion concluded that Rule 3.3's duty of candor toward the tribunal creates an affirmative obligation to inform the court of known client perjury, and that this duty overrides the confidenti…
Can a law firm keep a former partner's name in the firm name or on its letterhead after that lawyer takes public office?
No. The opinion concluded that under Rule 7.5(c) a lawyer holding public office may not have their name used in the firm name or its communications during any substantial period in which the lawyer is…
Can a part-time county attorney who is partly paid by the state sue a state department for a private client?
Yes, with consent. The opinion concluded that because a part-time county attorney represents the state on a limited civil basis, the suit creates a Rule 1.7 conflict that can be cured by obtaining the…
Can a lawyer borrow money in the firm's name to advance to a client, or guarantee a client's loan, while the client's lawsuit is pending?
No. The opinion concluded that borrowing to advance funds to a client or guaranteeing a client's loan is prohibited financial assistance under Rule 1.8(e) and acquires a proprietary interest in the li…
Can one lawyer or firm represent both the survivors in a wrongful-death action and the decedent's estate?
No, not without consent. The opinion concluded that representing both the survivors and the estate can create an impermissible conflict under Rule 1.7, imputed across the firm under Rule 1.10(a), and …
Can a lawyer hold a client's file as security for an unpaid fee until the client pays or posts security?
Yes. The opinion concluded that the conduct rules defer the question to other law, and under Montana law a lawyer may assert a passive common-law retaining lien on a client's papers until the client p…
If one partner in a firm represents a client in a divorce, can another partner in the same firm sue that client in an unrelated matter?
No. The opinion concluded that loyalty under Rule 1.7 bars any lawyer in the firm from suing a person another firm lawyer currently represents, even in a completely unrelated matter, absent the client…
Can a lawyer use a medical-legal consulting firm that charges the client a contingent fee and supplies expert witnesses?
Only with care. The opinion concluded a contingent-fee consulting contract can violate the rules if it amounts to fee splitting with a nonlawyer, if expert witnesses are in effect paid contingent on t…
Can a lawyer whose firm represents the government or prosecution accept a court appointment to defend a criminal case?
Possibly. The opinion found no per se conflict, but the lawyer and firm must work through Rules 1.11, 1.7, and 1.9 case by case, with screening and notice where required; simultaneous representation o…
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Legal ethics opinions from the State Bar of Montana interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.