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In Re the Rules of Professional Con

Citation: Not availableDocket: 09-0688

Court: Montana Supreme Court; December 15, 2016; Montana; State Supreme Court

Original Court Document: View Document

Narrative Opinion Summary

In a recent decision, the Supreme Court of Montana revised Rule 1.18(e)(1) of the Montana Rules of Professional Conduct, addressing noncompliance with the annual trust account and IOLTA reporting requirements by attorneys. This amendment, initiated by a joint petition from the Montana Justice Foundation Board and the State Bar of Montana Board of Trustees, empowers the State Bar to suspend the licenses of attorneys who fail to submit their annual IOLTA certification. Attorneys will be given a written notice and a 30-day period to comply before any suspension is enacted. The change is effective immediately and will be made known through the Montana Supreme Court and State Bar websites, along with notification in the Montana Lawyer publication. This decision underscores the importance of adhering to professional conduct standards, including the accurate and timely reporting of trust accounts. The preamble of the Montana Rules highlights the broader responsibilities of lawyers, emphasizing honesty, competence, and confidentiality. The legal profession's self-regulation, under the ultimate authority of the courts, is crucial for maintaining its independence and public trust.

Legal Issues Addressed

Immediate Effect of Rule Changes

Application: The revision to the Rule 1.18(e)(1) is effective immediately and is disseminated through multiple channels for awareness among legal professionals.

Reasoning: The revision takes effect immediately and will be published on the Montana Supreme Court and State Bar websites, with additional notice provided in the Montana Lawyer.

Lawyer Responsibilities and Professional Conduct

Application: Lawyers must adhere to responsibilities outlined in the Montana Rules of Professional Conduct, including maintaining competence, diligence, and client confidentiality.

Reasoning: The preamble of the Montana Rules of Professional Conduct outlines a lawyer’s responsibilities, emphasizing the pursuit of truth and the importance of honesty in dealings.

Rule 1.18(e)(1) Revision on IOLTA Reporting Noncompliance

Application: The State Bar of Montana is authorized to suspend attorneys who fail to file their annual IOLTA certification after a written notice and a thirty-day period to comply.

Reasoning: The Supreme Court of Montana has adopted a revision to Rule 1.18(e)(1) of the Montana Rules of Professional Conduct, addressing noncompliance with annual trust account and IOLTA reporting requirements.

Self-Regulation of the Legal Profession

Application: The legal profession is characterized by self-regulation under court authority, ensuring independence and accountability of lawyers.

Reasoning: The legal profession is characterized by self-regulation, distinct from other professions due to its close ties to government and law enforcement.