State Bar of Montana

Ethics Opinions by Rule Number


Montana Rules of Professional Conduct 

Rule 1.1- Competence
900409 Do-It-Yourself Kits (Sold By Attorney)
900517 Conflict of Interest (Insurer Paying Independent Counsel)
970717 Declining or Terminating Representation
011114 Marketing language for a pre-paid legal services provider
 
Rule 1.2 Scope of Representation and Allocation of Authority Between Client and Lawyer
870522 Candor Toward Tribunal (Basis For Workers Comp Lump Sum Award)
100412 HIPAA & psychotherapy notes
101216 Unbundling/LImited Scope Representation
112314 Client Provides False Information (Bankruptcy)
 
Rule 1.3- Diligence
970717 Declining or Terminating Representation
Rule 1.5- Fees
900517 Conflict of Interest (Insurer Paying Independent Counsel)
930318 Attorney as Witness (Re Own Fees)
950411 Fees (Contingent for Nonlegal Services)
990119 Contingency Fee From Past Due Child Support
000209 Division of Fees Upon Leaving a Firm
040804 Contingent fees in pursuing non-marital assets in a divorce
040809 Written consent of an insurer's client; 3/28/05 supplement
080711 Fixed fees allowed under Rules, with ethical conditions
101216 Unbundling/LImited Scope Representation
 
Rule 1.6- Confidentiality of Information
850820 Public/Private Representation (Court Appointments)
870326 Candor Toward Tribunal (Client Perjury)
880203 Confidentiality (Attorney as Party In Dissolution)
890301 Confidentiality (Disclosure by Attorney Accused by Client of Crime)
890317 Conflict of Interest (Simultaneous Representation by Attorney of Unrelated Plaintiff and Defense Cases Using Single Adjuster
910510 Client Files (Destruction)
940112 Conflict of Interest (Former Client - Consent Required)
940202 Attorney/Client Relationship (Government Attorney and Government Agency)
951026 Former Client/Firm (Conflict of Interest)
960227 Attorney Fees (Impermissible Referral Service)
960828 Confidentiality (Client Billing)
970717 Declining or Terminating Representation
981212 Confidentiality (Child Support Enforcement Division)
981216 Conflict of Interest (Real Estate Transactions)
001027 Use of Credit Bureaus and Collection Agencies
001028 Moving from Private Practice to Public Office
010830 Prior correspondence as "taint-shopping"
011114 Marketing language for a pre-paid legal services provider
040809 Written consent of an insurer's client; 3/28/05 supplement
050621 Call-In Bond Condition
070523 Fatality review information
112314 Client Provides False Information (Bankruptcy)


 
Rule 1.7- Conflict of Interest: Current Clients
850820 Public/Private Representation (Court Appointments)
850916 Conflict of Interest (Opposing Parties in Dissolution Represented by Same Firm)
860218 Conflict of Interest (Simultaneous Representation of Wrongful Death and Survivorship Actions)
860903 Public/Private Representation (Consent to County Attorney's Suit Against State Department)
880211 Public/Private Representation (Civil Representation and Prosecutorial
890317 Conflict of Interest (Simultaneous Representation by Attorney of Unrelated Plaintiff and Defense Cases Using Single Adjuster
900517 Conflict of Interest (Insurer Paying Independent Counsel)
910222 Unauthorized Practice of Law
940112 Conflict of Interest (Former Client - Consent Required)
950721 Judges (Presiding Where Spouse is Deputy Sheriff)
960731 Conflict of Interest (Spouses Retain Attorney for Estate Planning)
960801 Conflict of Interest (Simultaneous Representation)
960827 Conflict of Interest (Prosecutor Salary Paid From Forfeiture Funds)
960924 Conflict of Interest (Conflict-Free Counsel)
981212 Confidentiality (Child Support Enforcement Division)
001028 Moving from Private Practice to Public Office
001029 Attorney Elected to Public Office: Disposition of Law Practice
010417 Defending and Prosecuting in Same Jurisdiction
010830 Prior correspondence as "taint-shopping"
100623 Marriage & law-business conflicts


 
Rule 1.8- Conflict of Interest: Current Clients: Specific Rules
860218 Conflict of Interest (Simultaneous Representation of Wrongful Death and Survivorship Actions)
860723 Advances to Clients (Loans and Loan Guaranties, Expenses of Litigation)
900517 Conflict of Interest (Insurer Paying Independent Counsel)
910529 Delinquent Client Accounts (Collection by Attorney as Trustee)
930318 Attorney as Witness (Re Own Fees)
940112 Conflict of Interest (Former Client - Consent Required)
941221 Solicitation (Targeted Mailing)
950221 Former Client (Return or Retention of Papers)
950407 Diligence (Opposed by Spouse's Firm)
951231 Conflict of Interest (None For Attorney in Capacity as Trustee)
000210 Retaining Liens
040809 Written consent of an insurer's client; 3/28/05 supplement
 
Rule 1.9 Duties to Former Clients
850820 Public/Private Representation (Court Appointments)
870513 Organization Representation (Who Is the Client?)
890720 Public/Private Representation (Unrelated Matters)
901116 Conflict of Interest (Former Client)
940112 Conflict of Interest (Former Client - Consent Required)
951026 Former Client/Firm (Conflict of Interest)
981216 Conflict of Interest (Real Estate Transactions)
001028 Moving from Private Practice to Public Office
001029 Attorney Elected to Public Office: Disposition of Law Practice
010830 Prior correspondence as "taint-shopping"
112314 Client Provides False Information (Bankruptcy)

 
Rule 1.10- Imputation of Conflicts of Interest General Rule
860218 Conflict of Interest (Simultaneous Representation of Wrongful Death and Survivorship Actions)
960924 Conflict of Interest (Conflict-Free Counsel)
001028 Moving from Private Practice to Public Office
100623 Marriage & law-business conflicts
 
Rule 1.11- Special Conflicts of Interest for Former and Current Government Officers and Employers
850820 Public/Private Representation (Court Appointments)
890720 Public/Private Representation (Unrelated Matters)
940330 Public/Private Representation (Former County Attorney - Claim Against County)
951026 Former Client/Firm (Conflict of Interest)
001028 Moving from Private Practice to Public Office
001029 Attorney Elected to Public Office: Disposition of Law Practice
 
 
Rule 1.13- Organization as Client
870513 Organization Representation (Who Is the Client?)
940202 Attorney/Client Relationship (Government Attorney and Government Agency)
 
Rule 1.15- Safekeeping Property
910226 Attorney Fees (Withholding From Trust Funds)
910510 Client Files (Destruction)
080711 Fixed fees allowed under Rules, with ethical conditions
 
Rule 1.16- Declining or Terminating Representation
860115 Client Files (Retention)
880211 Public/Private Representation (Civil Representation and Prosecutorial
880218 Client Files (Retention Schedule)
950221 Former Client (Return or Retention of Papers)
970717 Declining or Terminating Representation
000210 Retaining Liens
080711 Fixed fees allowed under Rules, with ethical conditions
100412 HIPAA & psychotherapy notes
112314 Client Provides False Information (Bankruptcy)
 
Rule 1.17- Government Employment
910604 Public/Private Representation (Representative of Estate and Criminal Investigation of Decedent)
Rule 1.19- Sale of Law Practice
030716 Attorney May Not Create Lawyer Referral Service
Rule 1.20- Duties to Prospective Clients
112314 Client Provides False Information (Bankruptcy)
Rule 2.1- Advisor
910222 Unauthorized Practice of Law
Rule 3.3- Candor toward the Tribunal
870326 Candor Toward Tribunal (Client Perjury)
870522 Candor Toward Tribunal (Basis For Workers Comp Lump Sum Award)
981212 Confidentiality (Child Support Enforcement Division)
030703 Serving Court-Instructed Order to Opposing Counsel
050621 Call-In Bond Condition
112314 Client Provides False Information (Bankruptcy)
 
Rule 3.4- Fairness to Opposing Party and Counsel
850913 Fees (Witness Contingent)
011115 Contacting a complaining witness for a civil settlement
 
Rule 3.5- Impartiality and Decorum of the Tribunal
030703 Serving Court-Instructed Order to Opposing Counsel
Rule 3.7- Lawyer as Witness
870520 Attorney as Witness (Re Own Fees)
930318 Attorney as Witness (Re Own Fees)
050317 Deputy County Attorney as Witness
 
Rule 3.8- Special Responsibilities of a Prosecutor
960827 Conflict of Interest (Prosecutor Salary Paid From Forfeiture Funds)
011115 Contacting a complaining witness for a civil settlement
050317 Deputy County Attorney as Witness
 
Rule 4.1- Truthfulness in Statements to Others
112314 Client Provides False Information (Bankruptcy)
 Rule 4.2- Communication with Person Represented by Counsel
900703 Second Opinion
940430 Witness (Ex Parte Contact)
951229 Witness (Ex Parte Information Obtained Under Pretext)
101216 Unbundling/LImited Scope Representation
112314 Client Provides False Information (Bankruptcy)
 
Rule 4.3- Dealing with Unrepresented Person
011115 Contacting a complaining witness for a civil settlement
Rule 5.3- Responsibilities Regarding Non-lawyer Assistants
930927 Fees (Referral by Runners)
951229 Witness (Ex Parte Information Obtained Under Pretext)
960828 Confidentiality (Client Billing)
 
 Rule 5.4- Professional Independence of a Lawyer
850913 Fees (Witness Contingent)
910222 Unauthorized Practice of Law
950411 Fees (Contingent for Nonlegal Services)
960227 Attorney Fees (Impermissible Referral Service)
000111 Multi-Disciplinary Practice
 
Rule 5.5- Unauthorized Practice Law
850913 Fees (Witness Contingent)
910222 Unauthorized Practice of Law
930927 Fees (Referral by Runners)
 
Rule 7.1- Communications Concerning a Concerning a Lawyer’s Services.
870709 Advertising (Newspaper)
900308 Professional Corporation/Letterheads/Office Sharing
910222 Unauthorized Practice of Law
941221 Solicitation (Targeted Mailing)
011114 Marketing language for a pre-paid legal services provider
080711 Fixed fees allowed under Rules, with ethical conditions
 
Rule 7.2- Advertising
910222 Unauthorized Practice of Law
930927 Fees (Referral by Runners)
950411 Fees (Contingent for Nonlegal Services)
960227 Attorney Fees (Impermissible Referral Service)
011114 Marketing language for a pre-paid legal services provider
030716 Attorney May Not Create Lawyer Referral Service
 
Rule 7.3- Direct Contact with Prospective Clients
870709 Advertising (Newspaper)
910222 Unauthorized Practice of Law
941221 Solicitation (Targeted Mailing)
951027 Solicitation (Targeted Mailing)
951230 Solicitation (Permissible Direct Contact With Prospective Clients)
960227 Attorney Fees (Impermissible Referral Service)
011114 Marketing language for a pre-paid legal services provider
 
Rule 7.4- Communication of Field of Practice and Specialization
910222 Unauthorized Practice of Law
Rule 7.5- Firm Name and Letterheads
861126 Letterheads (Public Officials)
900308 Professional Corporation/Letterheads/Office Sharing
001029 Attorney Elected to Public Office: Disposition of Law Practice
 
Rule 8.3- Reporting Professional Misconduct
951229 Witness (Ex Parte Information Obtained Under Pretext)
Rule 8.4- Misconduct
850820 Public/Private Representation (Court Appointments)
940112 Conflict of Interest (Former Client - Consent Required)
951229 Witness (Ex Parte Information Obtained Under Pretext)
050317 Deputy County Attorney as Witness
112314 Client Provides False Information (Bankruptcy)

 

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