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.
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…
May a defense lawyer contact a complaining witness to propose a civil settlement that releases the lawyer's client from liability?
Yes, within limits. The opinion concluded a lawyer may suggest and negotiate a civil compromise with an unrepresented complaining witness, but must clarify the lawyer's role, avoid giving advice, and …
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…
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…
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 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 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.