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 lawyer withhold a client's psychotherapy notes from the client when HIPAA restricts the client's access to them?
In this limited context, yes. The opinion concludes a client is not entitled to every part of the file, and an attorney may restrict access to psychotherapy notes consistent with HIPAA and a fee agree…
Can a lawyer hold a client's file as a retaining lien until an unpaid bill is paid?
The opinion concluded Montana's rules recognized retaining liens only in limited circumstances and only where the client had agreed to the lien in writing; without that written consent the lawyer had …
When the lawyer who handled a firm's contingent case leaves, what are the firm's duties to the client, and can the firm withdraw after the appeal?
The firm must stand in the departed lawyer's place and may withdraw only under Rule 1.16. The opinion concluded the firm may move to withdraw if it can do so without material adverse effect, giving no…
When representation ends, which file materials can a lawyer keep as personal or internal, and which must go to the former client?
Only candid internal items. The opinion concluded that under Montana's Rule 1.16(d) a lawyer may retain personal or internal-use papers such as the lawyer's own notes and intraoffice memos, but must d…
How long must a lawyer keep closed client files before destroying them, and what has to be returned to the client first?
For a reasonable time judged file by file. The opinion concluded the rules set no fixed retention period, but a lawyer must return client property, keep what may be needed later, notify the client bef…
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…
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 …
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…
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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.