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 disclose a deceased client's confidential information to a state fatality-review commission?
Yes. Rule 1.6(b)(4) permits disclosure to comply with 'other law'; because the statute itself protects the information, the lawyer need not demand a court order, but disclosure is permissive.
Can a lawyer elected to a full-time constitutional regulatory office keep practicing law on the side, keep the firm name, or share post-election fees?
The committee concluded the answer to all three was no: the lawyer may not continue private practice, the office holder's name may not be used in the firm name (and a family member cannot be made 'of …
When a lawyer is elected to a full-time constitutional public office, must the lawyer dissolve the law partnership, and what happens to fees and a shared office building?
The committee concluded the lawyer must dissolve the firm under an appearance-of-impropriety standard, may still collect a share of receivables earned before leaving (disentangling contingent cases at…
Can one lawyer draft a contract for deed for both buyer and seller, and later represent the seller when the buyer defaults and sues?
Yes to the joint drafting, no to the later switch. The opinion concluded the lawyer may represent both buyer and seller only with full disclosure and each client's consent, and may not later represent…
A lawyer who defended a company in a federal Superfund case joins the state Superfund program; is there a conflict now, and can she later act against her former client?
Not yet, but later yes. The opinion concluded there is no present conflict given the screening in place, but the lawyer may not participate in any future state action against her former client without…
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…
Can a former deputy county attorney later represent a county employee suing the county over earlier grievances handled by that office?
Yes, qualified. The opinion concluded a former deputy county attorney may take the case if it is a distinct matter or he did not personally and substantially participate in the prior grievances, and i…
Can a lawyer who handled a man's first divorce later represent his second wife against him in their divorce, where both involve child-custody issues?
Not without the former client's consent. The opinion concluded the two divorces are substantially related, so Rule 1.9 disqualifies the lawyer from representing the second wife against the former clie…
If a lawyer once advised a married couple about child custody, can the lawyer later represent the wife in their divorce?
Not without the husband's written consent. The opinion concluded the earlier custody advice and the divorce are substantially related, so Rule 1.9 bars representing the wife unless the husband consent…
Can a former county lawyer represent a private client against the county on a road matter the lawyer did not personally handle in office?
Yes, if the new matter is not substantially related to the lawyer's prior county work. The opinion concluded that Rules 1.11(a) and 1.9(a) bar a former government lawyer only where the private matter …
Can a prosecutor represent someone in a civil matter while investigating possible criminal charges against that same person?
No. The opinion concluded that loyalty under Rule 1.7 bars a lawyer from simultaneously representing a client and acting as the client's adversary, even in unrelated matters; a lawyer may decline repr…
If a lawyer represents a partnership, can the lawyer sue a partner who was expelled from it?
Yes. The opinion concluded that under the entity theory of Rule 1.13, the lawyer represents the partnership as a separate legal entity, not the individual partner, so suing an expelled partner does no…
Can a lawyer whose firm represents the government or prosecution accept a court appointment to defend a criminal case?
Possibly. The opinion found no per se conflict, but the lawyer and firm must work through Rules 1.11, 1.7, and 1.9 case by case, with screening and notice where required; simultaneous representation o…
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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.