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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If a lawyer learns a bankruptcy client hid assets or lied to the court, when do the candor duties override confidentiality?
It turns on whether the proceeding has concluded. The opinion concluded that once a matter is complete the lawyer has no duty to disclose a past misrepresentation, but while a proceeding is ongoing Ru…
When a judge or prosecutor asks defense counsel whether a client is complying with a call-in bond condition, what should counsel say?
Counsel should treat the information as confidential under Rule 1.6 and respond that it is protected attorney-client information, unless the client has consented to disclosure or a judge specifically …
When a judge asks a lawyer to draft a proposed order, must the lawyer serve it on opposing counsel at the same time it goes to the judge?
The opinion concluded that simultaneous service is not strictly mandated as a matter of law, but under Rule 3.5 it is the more professional practice to serve a proposed order on opposing counsel, idea…
What must a Child Support Enforcement Division attorney do when an investigation or hearing reveals tax evasion, perjury, or parental kidnapping?
It depends on when. The opinion concluded that violations found during investigation are a CSED policy matter, not governed by the conduct rules, because the agency (not the parties) is the client; vi…
If a lawyer's investigator contacts a represented opposing party under a pretext against the lawyer's instructions, has the lawyer violated Rule 4.2, and what must the lawyer do with the information?
No violation, but limited use. The opinion concluded that a lawyer who instructed the investigator not to make contact did not violate Rule 4.2, but must notify opposing counsel and refrain from using…
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 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…
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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.