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 Montana lawyers form a private for-profit lawyer referral service?
No. The opinion concludes the proposed private referral service violates Montana Rule 7.2(c), which permits paying only the usual charges of a not-for-profit lawyer referral service.
Can a Montana provider firm for a prepaid legal plan send marketing mailings to members, and can the plan sponsor see the firm's client intake records?
The opinion concluded the proposed postcard and letter complied with the advertising and direct-contact rules, though the letter raised concerns about overstating the firm's experience under Rules 7.1…
Can a lawyer run a newspaper ad telling people they may have been victims of a party's discrimination and inviting them to contact the firm?
Yes. The opinion concluded that a truthful newspaper advertisement informing potential discrimination claimants of a possible cause of action and inviting contact does not violate Rule 7.3, because it…
Can a law firm send targeted letters to homeowners with suspected defective plumbing, and promise they owe no costs if there is no recovery?
Yes to both. The opinion concluded that under Montana's permissive Rule 7.3 a non-misleading targeted mailing is proper solicitation, and Rule 1.8(e) lets a firm make repayment of advanced costs conti…
Can a lawyer sign opinion letters for a company that sells living-trust packages prepared by its nonlawyer salespeople, who then steer customers to that lawyer?
Generally no. The opinion concluded the company's individualized trust preparation is the unauthorized practice of law, and a lawyer who supplies opinion letters for it assists that practice under Rul…
Can lawyers who only share office space keep using their names together on one letterhead after they stop practicing together?
No. The opinion concluded that lawyers who merely share office space may not keep their names together on a letterhead, because doing so falsely implies a partnership in violation of Rules 7.5 and 7.1…
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…
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…
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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.