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 Montana lawyer charge a fixed or flat fee, and can such a fee be called 'nonrefundable' or 'earned on receipt'?
Yes to flat fees, with conditions. The opinion concluded Rule 1.5 permits a fixed or flat fee if the agreement meets disclosure, reasonableness, refund, and trust-deposit obligations, and discouraged …
When an insurer or a court pays a lawyer to defend a client, must the lawyer get the client's written informed consent and explain the fee and scope in writing?
Yes. Under Montana's 2004 rules, a lawyer paid by an insurer to defend its insured must obtain the insured's written informed consent under Rule 1.8(f) and communicate the scope, fee rate, and the cli…
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…
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 …
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 draft a client's will that names the lawyer as personal representative or trustee?
Yes. The opinion concluded that Rule 1.8(c) only bars drafting an instrument that gives the lawyer a substantial gift, not one naming the lawyer as personal representative or trustee, so a lawyer may …
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 keep disputed unpaid fees by withholding them from settlement funds the lawyer holds for the client?
No. The opinion concluded that a lawyer may not unilaterally set the fee and withhold it from funds held for the client over the client's objection; under Rule 1.15(c) the disputed portion must stay s…
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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.