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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Must a lawyer who is a notary, or who employs a notary, file the notary journal publicly when doing so would reveal confidential client information?
No. The opinion concludes the confidentiality rule, adopted under the judiciary's constitutional power over the practice of law, overrides the general notary statute, and because Rule 1.6 is permissiv…
Can a lawyer practice law as an employee of a nonlawyer professional-services firm if the lawyer puts safeguards in place?
No. The opinion concluded the proposed safeguards did not overcome Rule 5.4's bar on practicing law within a nonlawyer organization, because they did not protect professional independence, confidentia…
Can a law firm route its client billing through a bank that sends the invoices, without breaching client confidentiality?
Probably, but unwisely. The opinion concluded that with client consent a firm may use bank billing without violating Rule 1.6 only if the statements are sterilized of substantive information, detrimen…
If a lawyer's investigator contacts a represented opposing party under a pretext against the lawyer's instructions, has the lawyer violated Rule 4.2, and what must the lawyer do with the information?
No violation, but limited use. The opinion concluded that a lawyer who instructed the investigator not to make contact did not violate Rule 4.2, but must notify opposing counsel and refrain from using…
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 an out-of-state law firm pay 'runners' to recommend the firm to injured railroad workers in another state?
No. The opinion concluded that paying nonlawyer runners to recommend a firm violates Rule 7.2(c), and an out-of-state firm soliciting Montana cases is bound by Montana's rules, with possible unauthori…
Can a lawyer sign opinion letters for a company that sells living-trust packages prepared by its nonlawyer salespeople, who then steer customers to that lawyer?
Generally no. The opinion concluded the company's individualized trust preparation is the unauthorized practice of law, and a lawyer who supplies opinion letters for it assists that practice under Rul…
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.