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 use a contingent fee to pursue assets an ex-spouse hid during a divorce, after the dissolution is already final?
Yes, on these facts. Once the dissolution and property settlement are final, the policy behind Rule 1.5(d)'s ban on domestic-relations contingent fees no longer applies, so a contingent fee to chase h…
When a lawyer leaves a firm and takes a contingent-fee case, how is the disputed fee divided between the departing lawyer and the firm?
The committee treated entitlement as a contract question outside its charge, but concluded that both lawyers' first duty is to disburse the client's share promptly, the disputed fee should be held in …
Can a lawyer take a contingent fee to establish paternity and collect past-due child support, despite the ban on contingent fees in domestic-relations matters?
Narrowly, yes. The opinion concluded that, on these facts, a contingent fee is permissible because the reconciliation rationale for Rule 1.5(d)'s ban does not apply, provided the lawyer first disclose…
Can a lawyer give a collection agency a share of the recovery for nonlegal help, or pay forwarding lawyers and agencies a referral fee?
No to both. The opinion concluded that paying a collection agency a percentage of the recovery is improper fee-splitting with a nonlawyer under Rule 5.4(a), and referral fees are barred except for per…
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 take an assignment of a client's new claim to secure unpaid fees from an earlier case, and then testify about the value of those earlier services?
Yes, with limits. The opinion concluded a lawyer may take a security-only assignment to secure an earlier fee if the client can consult independent counsel under Rule 1.8(a)(2), and may testify to the…
Can a lawyer or law corporation act as trustee to collect clients' delinquent accounts receivable, filing suit when needed, for a contingent fee?
Yes, if the trust is properly established. The opinion concluded the arrangement is not prohibited by ethics or statute, but the contingent fee must be freely contracted and reasonable, and the lawyer…
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 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…
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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.