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 who will be a witness still work on the case before trial under Rule 3.7?
Yes. Rule 3.7(a) bars only acting as advocate at trial, not pretrial work, and the disqualification is not automatically imputed to other lawyers in the same office.
Can a small-town prosecutor married to a police officer prosecute that officer's cases?
The opinion finds a personal-interest conflict under Rule 1.7 that the government client can waive by informed consent confirmed in writing; the scenario with two separate firms presented no conflict.
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 …
Does a deputy county attorney who signs and swears to a charging affidavit become a witness in the case, in violation of the lawyer-as-witness rule?
No. The opinion concludes that signing a charging affidavit does not make a prosecutor a necessary witness under Rule 3.7, because the affidavit supports the court's probable-cause finding rather than…
Can one lawyer work as a city prosecutor and a county public defender at the same time when the jurisdictions overlap?
No. The opinion concluded the dual role created a non-consentable Rule 1.7 conflict, because a criminal defendant's interests are adverse to the law-enforcement authority and a disinterested lawyer wo…
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…
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…
Can a public defender office represent co-defendants with conflicting interests by setting up a separated 'conflict counsel' office within the same agency?
Yes, if walled off. The opinion concluded that a public defender office is not automatically a single firm for conflicts, and a conflict-counsel office with separate files, systems, space, and autonom…
Does a prosecutor have a conflict of interest when part of his fixed county salary is budgeted from a drug-forfeiture account he helps fill?
No. The opinion concluded that because the prosecutor's salary is fixed and not tied to forfeiture outcomes, the funding source does not create an impermissible personal interest under Rule 1.7(b), th…
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…
In a suit against the State, can the plaintiff's lawyer interview government employees ex parte without going through government counsel?
Usually yes. The opinion concluded that under Rule 4.2 a lawyer may interview government employees ex parte unless they have significant managerial authority to bind or settle for the government, or t…
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…
When a lawyer works for a state agency, is the client the agency itself or its individual officials and employees?
The agency. The opinion concluded that a staff attorney for a state administrative agency represents the agency as a discrete entity under Rule 1.13, owing confidentiality to the agency as a whole and…
Can a county attorney run a criminal investigation of a decedent when the deputy who shares his office is handling that decedent's estate?
No. The opinion concluded that the office-sharing county attorney and deputy are analogous to a firm, so the county attorney cannot conduct the investigation while his deputy represents the estate, an…
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…
Can a law firm keep a former partner's name in the firm name or on its letterhead after that lawyer takes public office?
No. The opinion concluded that under Rule 7.5(c) a lawyer holding public office may not have their name used in the firm name or its communications during any substantial period in which the lawyer is…
Can a part-time county attorney who is partly paid by the state sue a state department for a private client?
Yes, with consent. The opinion concluded that because a part-time county attorney represents the state on a limited civil basis, the suit creates a Rule 1.7 conflict that can be cured by obtaining the…
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.