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In Re the Rules of Professional Con
Citation: Not availableDocket: 09-0688
Court: Montana Supreme Court; September 22, 2016; Montana; State Supreme Court
Original Court Document: View Document
The Supreme Court of Montana has approved revisions to the Montana Rules of Professional Conduct, specifically modifying the Preamble, Rule 1.0 (Terminology), Rule 1.6 (Confidentiality), and Rule 4.4(b) (Respect for Rights of Third Persons) to enhance guidance on lawyers' use of technology. The revisions will take effect on January 1, 2017, and are included in the updated text of the Rules. Furthermore, the Court is considering a proposed new subsection, 4.4(c), which prohibits lawyers from accessing or using electronically stored information from another lawyer's communication or document for the purpose of discovering protected or privileged information without permission from the author, excluding discovery materials and criminal investigation subjects. A public comment period for this new subsection is open until October 31, 2016. The Court has directed the State Bar's Ethics and Technology Committees to collaborate and submit further comments on the proposal. The Order detailing these changes will be published on the Montana Supreme Court website and disseminated to relevant parties, including the State Bar of Montana and the Montana State Law Library. The Preamble emphasizes a lawyer's commitment to truth, their roles as representatives of clients, officers of the legal system, and public citizens charged with ensuring justice quality. It clarifies that lawyers must act honestly in their various roles, including as advisors, advocates, negotiators, evaluators, and occasionally as third-party neutrals. Certain Rules also apply to lawyers in nonprofessional capacities. A lawyer who engages in fraudulent conduct is subject to disciplinary action for dishonesty or misrepresentation as outlined in Rule 8.4. Lawyers must exhibit competence, promptness, and diligence in their professional duties, which includes staying informed about legal developments and relevant technologies. They are required to maintain client confidentiality, except when disclosure is mandated or permitted by law. Lawyers should comply with legal requirements in their professional and personal conduct and should not misuse legal procedures to harass others. Respect for the legal system and its participants is essential, and while lawyers may challenge official actions, they must uphold legal processes. As public citizens, lawyers should advocate for improvements in the law, promote access to justice, and enhance the legal profession's service quality. They must also recognize barriers to legal assistance faced by economically disadvantaged individuals and work towards ensuring equal access to justice. Lawyers are bound by the Rules of Professional Conduct and are also guided by personal ethics and peer approval, striving for high standards of skill and public service ideals. The responsibilities of a lawyer as a client representative, an officer of the legal system, and a public citizen are interconnected. Lawyers must advocate fiercely for clients while adhering to ethical standards, as maintaining client confidentiality promotes public trust in legal advice. Conflicts in professional responsibilities are common, often arising between obligations to clients and the legal system or personal interests. The Rules of Professional Conduct provide guidance for resolving these conflicts, which require careful professional and moral judgment, emphasizing the importance of protecting clients’ interests within legal boundaries while maintaining civility. The legal profession operates under a self-governing framework, distinct from other professions due to its intrinsic link to government and law enforcement, with ultimate authority residing in the courts. This self-regulation is crucial for maintaining the profession's independence from governmental influence, which is essential for challenging legal authority abuses. Lawyers bear the responsibility of ensuring adherence to the Rules of Professional Conduct, promoting observance among their peers, and maintaining the profession's independence and public interest. As officers of the court, lawyers must uphold truthfulness, which fosters trust in the legal system. The Rules of Professional Conduct delineate the lawyer's role, with some rules being mandatory for professional discipline while others allow for discretion. Comments within the Rules provide guidance without imposing additional obligations. The Rules are set within a larger legal framework that encompasses court rules, statutes, and other laws, and compliance is fostered through understanding, voluntary adherence, peer reinforcement, and, if necessary, disciplinary actions. Moreover, the establishment of a client-lawyer relationship is governed by principles of substantive law, with associated duties arising only after a client seeks legal services and the lawyer accepts the engagement. The Rules serve as a framework for ethical law practice but do not encompass all moral and ethical considerations lawyers must navigate. Confidentiality obligations, as outlined in Rule 1.6, arise when a lawyer considers establishing a client-lawyer relationship, with the determination of such a relationship potentially dependent on specific circumstances. Government lawyers possess unique responsibilities that may include decision-making authority in legal matters usually held by private clients, such as settlement decisions or appeals, typically vested in the attorney general or state’s attorney. These rules do not diminish this authority. Noncompliance with the rules can trigger disciplinary action, evaluated based on the context at the time of the conduct, taking into account factors like willfulness and seriousness of the violation. However, a violation does not establish a legal cause of action against a lawyer nor imply a breach of legal duty, nor does it automatically lead to non-disciplinary remedies like disqualification in litigation. The rules serve as guidance for lawyers and a framework for disciplinary oversight, not as grounds for civil liability. They can be misused as procedural tools in disputes, and while they allow for self-assessment and disciplinary sanctions, they do not confer standing for opposing parties to enforce them outside of disciplinary contexts. Terminology definitions include: 'Belief' indicating a person’s actual supposition of truth; 'Bona fide' referring to good faith actions; 'Consultation' signifying effective communication enabling client understanding; 'Confirmed in writing' requiring written confirmation of informed consent, and 'Firm' denoting an association of lawyers practicing law. Definitions within the legal document outline key terms related to conduct and responsibilities in legal practice. - **Fraud** refers to actions intended to deceive, aligning with the law of the relevant jurisdiction. - **Informed consent** is the agreement by a client to a lawyer’s proposed actions after being fully informed of the risks and alternatives. - **Knowledge** is represented as actual awareness, which can be inferred from the situation. - **Partner** includes members of law partnerships, shareholders in professional corporations, or members of law associations. - **Reasonable conduct** is described as that of a prudent and competent lawyer, while a **reasonable belief** indicates a belief held by the lawyer that is justified by the circumstances. - **Reasonably should know** implies that a competent lawyer would be aware of the relevant facts. - **Screened** refers to isolating a lawyer from a matter to protect confidential information effectively. - **Substantial** pertains to matters of significant importance. - A **Tribunal** comprises courts, arbitrators, or bodies acting in adjudicative roles that render binding judgments. - **Writing** encompasses any recorded communication, including electronic formats, and a **signed writing** includes electronic signatures. **CLIENT-LAWYER RELATIONSHIP RULE 1.1: COMPETENCE** mandates that lawyers provide competent representation, necessitating appropriate legal knowledge and preparation. **RULE 1.2: SCOPE OF REPRESENTATION AND ALLOCATION OF AUTHORITY** states that lawyers must respect clients' decisions regarding the objectives of representation and consult on the methods to achieve them. Lawyers are to act within the implied authority granted by the client and must respect their decisions on settlement and plea in criminal cases. Additionally, a lawyer's representation does not imply endorsement of the client’s views. Limitations on the scope of representation are permissible if reasonable and accompanied by the client's informed written consent, except for cases involving only telephone consultations. A lawyer employed by a nonprofit legal services program may provide representation limited to information, advice, or preparation of court-approved forms, or may be appointed for a specific purpose by the court. With informed written consent from the client, the representation is presumed to be limited to the scope outlined in the consent, and the attorney does not represent the client in broader matters. Lawyers are prohibited from counseling clients to engage in criminal or fraudulent conduct but may discuss legal consequences and assist in determining the law's application. Lawyers are required to act with reasonable diligence and promptness. They must communicate important decisions requiring the client's informed consent, consult with the client about achieving objectives, keep clients informed about case status, comply with information requests, and explain matters sufficiently for informed decision-making. Regarding fees, lawyers must not charge unreasonable fees, considering factors such as time and labor, locality customs, results obtained, and the lawyer's experience. Clients must be informed in writing about the scope of representation and fees before or shortly after representation begins, with any changes also communicated in writing. Contingent fee arrangements are permitted but must be documented in writing, specifying fee determination methods and client liability for expenses, regardless of the outcome. Exceptions apply when the total cost is expected to be $500 or less. Upon concluding a contingent fee matter, the lawyer must provide the client with a written statement detailing the outcome, any recovery amount, and how it was determined. Lawyers are prohibited from charging contingent fees in domestic relations cases tied to divorce outcomes or support arrangements, as well as in criminal defense cases. Fee divisions between lawyers not in the same firm require proportional service contributions, client consent with written confirmation of the fee split, and a reasonable total fee. Confidentiality rules dictate that lawyers cannot disclose client information without informed consent, unless necessary to prevent serious harm, secure legal advice on compliance, establish a defense in disputes involving the lawyer, or comply with laws or court orders. Lawyers must also take reasonable precautions to protect client information. Regarding conflicts of interest, lawyers cannot represent clients with concurrent conflicts unless they can provide competent representation, the representation is lawful, it doesn’t involve claims against other clients in the same matter, and informed consent is obtained in writing. Specific rules on conflicts of interest prevent lawyers from engaging in business transactions with clients unless the terms are fair, fully disclosed in writing, and clients are advised to seek independent legal counsel, with particular stipulations for asserting retaining liens on client property. A client must provide informed consent, in writing, regarding the essential terms of a transaction and the lawyer's role, including representation status. A lawyer cannot use client-related information to the client's disadvantage without informed consent, except as allowed by the Rules. Soliciting substantial gifts from clients is prohibited unless the recipient is related to the client. Lawyers cannot negotiate agreements for literary or media rights based on representation information before concluding representation. Financial assistance to clients is limited; lawyers may advance court costs contingent on case outcomes, pay for indigent clients, or guarantee loans for basic living expenses under specific conditions, ensuring the client remains liable for repayment. Compensation from third parties is not allowed without the client's informed written consent, ensuring no interference with professional judgment or client confidentiality. Aggregate settlements for multiple clients require informed consent from each client in writing, including disclosures of all claims or pleas involved. Lawyers cannot limit liability for malpractice without independent client representation, nor settle such claims with unrepresented clients without advising them to seek independent legal counsel. Lastly, lawyers cannot acquire a proprietary interest in a client's cause of action, except for asserting a charging lien under specified legal provisions. A lawyer may enter into a reasonable contingent fee agreement with a client and cannot assert a retaining lien on client property unrelated to unpaid services. Upon termination of representation, the lawyer must return any client materials necessary to protect the client's interests. Sexual relations with a client are prohibited unless such a relationship existed prior to the commencement of the client-lawyer relationship. Prohibitions applicable to one lawyer in a firm extend to all associated lawyers. Regarding former clients, a lawyer cannot represent a new client in a substantially related matter that is materially adverse to the interests of a former client without the former client's informed, written consent. Additionally, a lawyer is barred from using or revealing information from a former representation to the disadvantage of the former client, except as permitted by rules or when the information is publicly known. Conflict of interest rules state that when lawyers work in a firm, none may represent a client if any one of them is prohibited from doing so due to conflicts unless the prohibition is based on personal interest and does not significantly limit the representation of the client by other firm lawyers. After a lawyer leaves a firm, the firm can represent a new client against a former client, provided the matters are not substantially related and no remaining lawyer has material information about the former representation. When joining a firm, a disqualified lawyer must be screened from the matter and not receive a share of the fee, with prompt written notice to affected former clients. Disqualifications can be waived under certain conditions. Special rules apply for disqualifications involving lawyers associated with government entities. Rule 1.11 outlines special conflicts of interest for lawyers who have served as government officers or employees. It specifies that a former government lawyer may not represent clients in matters they personally and substantially participated in while in public service unless they obtain informed written consent from the relevant government agency. If disqualified, no lawyer in the same firm may represent the client in that matter unless the disqualified lawyer is screened from participation and does not receive any fee from the case, with prompt written notice given to the government agency. Furthermore, a lawyer with confidential government information acquired during public service cannot represent clients with opposing interests in matters where that information could harm the individual involved, unless similar screening and fee arrangements are followed. For currently serving government lawyers, they are bound by conflict rules and cannot participate in matters they were involved in privately without obtaining informed written consent. They are also prohibited from negotiating private employment with parties involved in matters they are engaged in, except for law clerks under specific conditions. The term "matter" encompasses various legal proceedings and disputes involving specific parties, as well as any subject governed by the conflict of interest rules of the respective government agency. Rule 1.12 prohibits lawyers from representing clients in matters they participated in as judges or other adjudicators unless all involved parties provide informed written consent. A lawyer is prohibited from negotiating for employment with any party involved in a matter where the lawyer is personally and substantially participating as a judge, adjudicative officer, or neutral third party. However, a law clerk can negotiate for employment with a party involved in such a matter only after notifying the judge or adjudicative officer. If a lawyer is disqualified, no firm lawyer may continue representation unless the disqualified lawyer is timely screened, receives no part of the fee, and written notice of compliance is provided to all parties involved. An arbitrator who has been selected as a partisan in a multi-member panel may subsequently represent that party. When representing an organization, a lawyer acts on behalf of the organization through its authorized constituents. If the lawyer becomes aware that an officer or employee is engaging in conduct that violates legal obligations or laws potentially harm the organization, the lawyer must take necessary steps in the organization's best interest. This includes reconsideration of the issue, advising on seeking separate legal opinions, or escalating the matter within the organization. If the highest authority insists on illegal actions that could harm the organization, the lawyer may resign. In interactions with an organization's constituents, the lawyer must clarify the identity of the client when the organization's interests conflict with those of the constituents. A lawyer may represent both the organization and its constituents, provided that any required consent for dual representation is obtained from an appropriate organizational official or shareholders, as per Rule 1.7. Rule 1.14 addresses clients with diminished capacity, requiring lawyers to maintain a normal client-lawyer relationship as much as possible. If a lawyer believes a client's diminished capacity poses a risk of significant harm and that the client cannot adequately act in their own interest, the lawyer may take necessary protective actions. This may include consulting relevant individuals or entities and potentially seeking the appointment of a guardian. Information related to such clients is protected under Rule 1.6, allowing the lawyer to disclose limited information to protect the client’s interests. Rule 1.15 outlines the safekeeping of client or third-party property by lawyers. Lawyers must keep such property separate from their own, maintain complete records for five years post-representation, and promptly notify clients or third parties upon receipt of their property. Funds or property belonging to clients must be delivered promptly unless legally permitted to withhold. In cases of conflicting claims to property, the lawyer must keep the disputed property separate until resolved. Rule 1.16 governs withdrawing from or declining representation. A lawyer must not represent a client if doing so violates professional conduct rules or laws, if the lawyer’s condition impairs their ability to represent the client, or if discharged by the client. A lawyer may withdraw if it does not adversely affect the client, if the client engages in criminal or fraudulent actions, if the client misuses the lawyer's services for crime or fraud, if the client insists on actions the lawyer finds repugnant, or if the client fails to meet obligations after reasonable warning. A lawyer may withdraw from representation if it imposes an unreasonable financial burden or has become excessively difficult due to the client's actions, among other valid reasons. Legal practitioners must adhere to laws requiring tribunal notification or permission when terminating representation. If ordered by a tribunal, lawyers must continue to represent the client despite any justifiable reasons for withdrawal. Upon termination, lawyers are obligated to protect the client's interests, which includes notifying the client, allowing time to find new counsel, returning client property, and refunding unearned fees. However, lawyers can retain personal papers or internal materials and must deliver client-requested documents, bearing the copying costs. Regarding government employment, attorneys employed full-time by the State of Montana or its subdivisions cannot accept outside employment that may compromise confidential or privileged information obtained through their government role. The Interest on Lawyer Trust Accounts (IOLTA) program aims to fund the Montana Justice Foundation to support legal services for low-income citizens, promote legal awareness, and enhance justice administration. Participation in the IOLTA program is mandatory for non-exempt lawyers and law firms receiving client funds. They must maintain interest-bearing trust accounts for pooled client funds and separate accounts for individual clients when appropriate. All client funds, including advances for costs, must be deposited into identifiable interest-bearing trust accounts at federally-insured financial institutions in Montana, with restrictions on the deposit of lawyer/firm funds. Trust accounts must allow for immediate withdrawals, and the interest rate must at least match that offered to non-lawyer depositors. Higher interest rates for deposits, such as certificates of deposit, can be obtained for Trust Account funds that allow immediate withdrawal. Each Trust Account must be named after the lawyer or firm and designated as either an IOLTA Trust Account or a Client Trust Account. For IOLTA Trust Accounts, the following requirements apply: - Lawyers/firms must maintain client funds that are either nominal or held for a short duration in an IOLTA account. - Clients cannot choose whether their funds are placed in an IOLTA account or receive interest from it; this decision is solely at the lawyer's discretion, and no misconduct will result from exercising good faith judgment. - Factors guiding the decision to deposit funds in an IOLTA account include expected interest earnings, account establishment costs, the amount and duration of funds held, financial institution requirements, and potential transaction delays. Lawyers/firms must ensure that the financial institution managing the IOLTA account: - Remits interest or dividends to the Montana Justice Foundation quarterly, providing detailed statements. - Charges no higher fees on IOLTA accounts than those for non-lawyer depositors and collects no fees from principal deposits. Annually, the Montana Justice Foundation will publish a list of financial institutions that meet IOLTA requirements, which lawyers/firms can rely on for compliance. The Foundation will cover service charges for IOLTA accounts exceeding those of non-interest-bearing checking accounts. Additionally, the Foundation is responsible for maintaining the confidentiality of Trust Account information. Non-IOLTA client Trust Accounts are mentioned but not elaborated upon in this excerpt. Client funds must be deposited in an IOLTA Trust Account, unless a separate interest-bearing account is established for a specific client's matter, with net interest payable to the client. Such interest is to be held in trust as the client's property. Exemptions from this requirement include scenarios where no client funds are received, practice outside Montana, full-time judges or inactive lawyers, or if the Montana Justice Foundation exempts a lawyer/firm for specific reasons related to account fees or acceptance by financial institutions. Each lawyer/firm must file an annual compliance certificate with the Montana Justice Foundation, detailing the account's name, number, and financial institution. Non-compliance may lead to suspension from legal practice. Trust accounts must be maintained per the Montana Supreme Court’s guidelines. Regarding the sale of a law practice, a lawyer or firm may sell their practice, including goodwill, if they cease private practice in the area, sell the entire practice to one or more lawyers or firms, and provide written notice to clients about the sale and their rights regarding representation. Client consent is presumed if no action is taken within 90 days of notice. If a client cannot be notified, a court order is required for transferring representation. Fees charged to clients cannot increase due to the sale. Additionally, a prospective client is defined as someone who consults with a lawyer about a potential client-lawyer relationship. Lawyers must not use or disclose information obtained from these consultations unless permitted under rules regarding former clients. A lawyer may not represent a client with interests that are materially adverse to those of a prospective client in the same or a related matter if the lawyer has received potentially harmful information from the prospective client. This disqualification extends to all lawyers in the lawyer's firm, unless informed consent is obtained in writing from both parties, or the disqualified lawyer is screened from the matter and given no part of the fee, with prompt written notice given to the prospective client. In providing representation, a lawyer must exercise independent professional judgment and provide candid advice, considering not only legal factors but also moral, economic, social, and political aspects relevant to the client's situation. A lawyer may evaluate a matter for third parties if it does not conflict with the lawyer's obligations to the client, but must refrain from doing so if it could materially harm the client’s interests without informed consent. When acting as a third-party neutral (such as a mediator), a lawyer must clarify that they are not representing any party involved and must delineate their role from that of a client-representing lawyer. Furthermore, a lawyer must not engage in litigation without a bona fide legal basis, nor for improper purposes like harassment or delay. In criminal cases, defense lawyers must ensure that all elements of the case are proved, while also making reasonable efforts to expedite litigation in their client's interest. Lastly, a lawyer is required to maintain candor toward the tribunal, adhering to principles of honesty in all legal proceedings. A lawyer must adhere to specific ethical obligations in relation to tribunal conduct and fairness towards opposing parties. Key responsibilities include: 1. **False Statements**: A lawyer must not make false statements of fact or law to a tribunal, fail to correct such statements, or fail to disclose adverse legal authority known to them. If a lawyer becomes aware of falsified evidence presented by any party, they are required to take reasonable remedial measures, including potentially disclosing this to the tribunal. 2. **Criminal or Fraudulent Conduct**: If a lawyer knows of a client or witness engaging in criminal or fraudulent conduct related to a proceeding, they must undertake reasonable remedial actions, which may include disclosure to the tribunal. 3. **Continuing Obligations**: The obligations to correct false statements and disclose misconduct persist until the conclusion of the proceeding, even if this requires revealing information that is typically protected. 4. **Ex Parte Proceedings**: In ex parte situations, a lawyer must disclose all material facts known to them that would assist the tribunal in making an informed decision, regardless of whether these facts are adverse. 5. **Fairness to Opposing Parties**: A lawyer is prohibited from unlawfully obstructing access to evidence, altering or concealing documents, falsifying evidence, or assisting witnesses to testify falsely. They must also comply with discovery requests and avoid making frivolous requests. 6. **Impartiality and Conduct**: Lawyers must not seek to improperly influence judges or jurors, communicate ex parte except as permitted by law, or engage in disruptive behavior in court. 7. **Trial Publicity**: Lawyers involved in litigation must refrain from making public statements that could materially prejudice the adjudication of the matter. However, they may make certain statements within defined limits. Overall, these rules emphasize the necessity for honesty, integrity, and respect for the judicial process while ensuring fairness to all parties involved. The document outlines various regulations regarding the disclosure of information in legal proceedings. Key points include: 1. **Disclosure of Information**: Lawyers may disclose the following, unless prohibited by law: - The nature of claims, offenses, or defenses and the identities of involved parties. - Information from public records. - The status of ongoing investigations. - Scheduling or outcomes of litigation steps. - Requests for evidence and information assistance. - Warnings regarding potential dangers posed by individuals involved. - In criminal cases, additional details about the accused, including identity, residence, occupation, family status, and if applicable, information to assist in the apprehension of the accused, arrest details, and identities of investigating officers. 2. **Protection Against Prejudice**: A lawyer may make statements to protect a client from undue prejudice due to recent publicity, limited to necessary information to mitigate such effects. 3. **Lawyer as Witness**: A lawyer cannot act as an advocate in trials where they may be a necessary witness, except for: - Uncontested issues. - Testimonies about the legal services’ nature and value. - Situations where disqualification would cause substantial hardship to the client. 4. **Firm Affiliations**: A lawyer associated with a firm or agency cannot make statements prohibited by the aforementioned disclosure rules. 5. **Responsibilities of Prosecutors**: Prosecutors have specific duties in criminal cases, including: - Not prosecuting charges without probable cause. - Ensuring the accused is aware of their right to counsel and has the opportunity to obtain one. - Avoiding waivers of essential pretrial rights from unrepresented defendants. - Timely disclosing evidence that may negate guilt or mitigate offenses. - Not subpoenaing a lawyer about a client unless certain conditions about privilege and necessity are met. These provisions aim to balance transparency, the right to a fair trial, and the ethical responsibilities of legal professionals. Prosecutors must limit extrajudicial comments to those necessary for public awareness of their actions and that serve legitimate law enforcement purposes, avoiding statements that could increase public condemnation of the accused. They must also take reasonable steps to ensure that investigators and others associated with them do not make prohibited extrajudicial statements under Rule 3.6 or in relation to the Confidential Criminal Justice Information Act. In nonadjudicative proceedings, lawyers representing clients before legislative or administrative bodies must disclose their representative capacity and adhere to Rules 3.3(a)-(c), 3.4(a)-(c), and 3.5. Lawyers must maintain truthfulness in their statements, refraining from knowingly making false statements of material fact or failing to disclose material facts that could aid criminal or fraudulent acts by clients, unless restricted by Rule 1.6. Communication with individuals represented by other counsel is restricted unless consent is obtained or legally authorized. Unrepresented persons receiving limited representation are treated as unrepresented unless proper written notice has been provided. When dealing with unrepresented persons, lawyers must not imply disinterest and must correct misunderstandings about their role. They cannot provide legal advice, except to suggest obtaining counsel, if there is a conflict of interest. Unrepresented persons with limited representation status are similarly treated unless notice has been given to opposing parties. A lawyer must respect the rights of third persons and refrain from using tactics solely intended to embarrass, delay, or burden them, as outlined in Rule 4.4. If a lawyer inadvertently receives documents or electronically stored information not meant for them, they must promptly notify the sender. Under Rule 5.1, partners and managers in law firms are responsible for ensuring compliance with the Rules of Professional Conduct among all lawyers in the firm. Direct supervisors must also ensure that subordinate lawyers adhere to these rules and can be held accountable for violations if they knowingly ignore or ratify misconduct or fail to act when aware of it. Rule 5.2 clarifies that subordinate lawyers are bound by the Rules of Professional Conduct regardless of following directions from others but are not in violation if they act in accordance with a supervisory lawyer's reasonable decisions on professional duties. Rule 5.3 establishes that partners and managers must ensure nonlawyer assistants' conduct aligns with the lawyers' professional obligations. Supervisors must also take reasonable steps to guarantee compliance and can be held responsible for any violations if they knowingly ignore misconduct or fail to act when they could have mitigated consequences. Lastly, Rule 5.4 prohibits lawyers or law firms from sharing legal fees with nonlawyers, with specific exceptions noted. A lawyer may enter into an agreement with their firm or associates regarding posthumous payments to their estate or designated beneficiaries. Additionally, a lawyer acquiring the practice of a deceased, disabled, or missing lawyer can pay the agreed purchase price to the former lawyer's estate. Lawyers may include nonlawyer employees in compensation or retirement plans based on profit-sharing, and they are allowed to share court-awarded fees with nonprofit organizations that facilitated their employment. Lawyers are prohibited from forming partnerships with nonlawyers if any partnership activities involve practicing law. They cannot allow individuals who recommend or pay for their services to control their professional judgment. Furthermore, lawyers cannot practice in a profit-driven professional corporation if a nonlawyer owns any interest, holds a corporate director or officer position, or has the right to influence the lawyer’s professional judgment. Under Rule 5.5, lawyers must not practice law in jurisdictions where it is prohibited or assist nonlawyers in unauthorized legal activities. Lawyers from other jurisdictions may provide legal services to their employers in Montana, provided these services do not require pro hac vice admission and are compliant with local regulations. Rule 5.6 prohibits lawyers from entering agreements that restrict their right to practice after leaving a partnership or employment, except for retirement benefit agreements or those related to client settlement controversies. Rule 6.1 emphasizes that lawyers have a professional duty to provide pro bono legal services to those who cannot afford them. A lawyer is encouraged to provide at least fifty (50) hours of pro bono legal services annually, primarily to individuals of limited means or organizations targeting such populations. This includes a substantial majority of service hours without any fee. Additional pro bono work may involve significantly reduced fees for individuals or organizations focused on civil rights and public good, as well as activities aimed at improving the legal profession. Lawyers should also contribute financially to organizations offering legal services to those with limited means. Regarding appointments, lawyers should not decline representation from a tribunal unless there is good cause, such as potential violations of professional conduct rules, unreasonable financial burdens, or conflicts with personal beliefs that could impair the attorney-client relationship. Lawyers may join legal services organizations, even if they serve clients with opposing interests, but must avoid participating in decisions that conflict with their obligations to existing clients or could adversely affect those clients' representation. Involvement in law reform organizations is permitted, provided that lawyers disclose any material benefits to their clients without naming them. For short-term legal services offered through nonprofit or court-sponsored programs, lawyers are only bound by certain professional conduct rules if they are aware of conflicts of interest. Otherwise, specific rules concerning conflicts are not applicable in these limited circumstances. Rule 7.1 prohibits lawyers from making false or misleading communications regarding their services. A communication is deemed false if it includes material misrepresentations. Misleading communications may involve omissions that distort the overall message, create unjustified expectations about outcomes, or advertise results without disclaimers indicating that past results do not guarantee future outcomes. Additionally, it is prohibited to imply that results can be achieved through unethical means, compare services without factual basis, advertise cases outside a lawyer’s competence, or indicate a practice area where the lawyer routinely refers cases without disclosure. Other prohibitions include using paid testimonials without proper identification, simulated portrayals without disclosure, misleading office address representations, and failing to clarify fee structures. Rule 7.2 allows lawyers to advertise services through various media, subject to compliance with Rules 7.1 and 7.3. Lawyers may pay for advertisement costs and for legal service plans but cannot provide any value for personal recommendations. All communications must identify the lawyer or law firm responsible for the content. Rule 7.3 restricts direct solicitation of prospective clients for professional employment, particularly when motivated by financial gain, unless the prospective client is a lawyer or has a close relationship with the lawyer. Solicitation is also prohibited if the prospective client has expressed a desire not to be solicited or if it involves coercion or harassment. A lawyer must refrain from soliciting employment from individuals who are incapable of exercising reasonable judgment due to their physical, emotional, or mental state, or who are already represented by another lawyer. Any solicitation communication must be labeled as “Advertising Material” unless it is directed to specific individuals exempted from this requirement. Lawyers can participate in prepaid or group legal service plans that solicit memberships from individuals not known to require legal services for matters covered by the plan, provided that the plan complies with relevant rules. Lawyers are permitted to communicate their practice areas without implying unwarranted expertise. Those engaged in patent law may refer to themselves as “Patent Attorney,” and those in Admiralty practice may use the title “Admiralty. Proctor in Admiralty.” A lawyer may only claim specialization if they have been certified by an appropriate authority and disclose the certifying organization. Regarding firm names and letterheads, lawyers must avoid any names or designations that mislead under Rule 7.1. They may use a trade name as long as it does not suggest a connection to a government entity or charitable organization. Law firms with multiple jurisdictions can use consistent names across locations but must clarify the jurisdictional limitations of their lawyers. The name of a lawyer in public office cannot be used in a firm name or communications during periods when they are not actively practicing with the firm. Lawyers may indicate partnerships or organizational affiliations only when accurate. Rule 8.1 emphasizes the importance of honesty and transparency in bar admission and disciplinary matters, prohibiting applicants and lawyers from knowingly making false statements or failing to disclose necessary facts, while allowing for protections under Rule 1.6 regarding confidential information. Rule 8.2 restricts lawyers from making false statements about judges and legal officials, particularly regarding their qualifications or integrity, and mandates compliance with judicial conduct codes for lawyer candidates seeking judicial office. Rule 8.3 requires lawyers to report known violations of professional conduct by other lawyers or judges that question their honesty or fitness for the profession, with exceptions for protected information under Rule 1.6 and information obtained through approved lawyer assistance programs. Rule 8.4 outlines various forms of professional misconduct for lawyers, including violations of conduct rules, criminal acts affecting trustworthiness, dishonesty, and actions prejudicial to justice, among others. Rule 8.5 establishes that lawyers not in good standing with the State Bar of Montana must certify their adherence to the Rules of Professional Conduct before practicing in Montana, and they are subject to disciplinary authority for specific violations related to practicing law in the state. However, they are exempt from discipline if their conduct aligns with the rules of a jurisdiction where they believe their actions will predominantly occur.