MT · rules

Mont. R. Prof'l Conduct 1.10

Imputation of Conflicts of Interest: General Rule

activein force · 2020-10-29 – presentact-effective-date

(a) While lawyers are associated in a firm, none of them shall knowingly represent a client

when any one of them practicing alone would be prohibited from doing so by Rules 1.7 or

1.9 unless:

(1) the prohibition is based on a personal interest of the disqualified lawyer and does

not present a significant risk of materially limiting the representation of the client

by the remaining lawyers in the firm; or

(2) the prohibition is based upon Rule 1.9(a) or (b) and arises out of the disqualified

lawyer’s association with a prior firm, and:

(i) the disqualified lawyer is timely screened from any participation in the

matter and is apportioned no part of the fee therefrom;

(ii) written notice is promptly given to any affected former client to enable

the former client to ascertain compliance with the provisions of this Rule,

which shall include a description of the screening procedures employed; a

statement of the firm’s and of the screened lawyer’s compliance with these

Rules; a statement that review may be available before a tribunal; and an

agreement by the firm to respond promptly to any written inquiries or

objections by the former client about the screening procedures; and

(iii) certifications of compliance with these Rules and with the screening

procedures are provided to the former client by the screened lawyer and by a

partner of the firm, at reasonable intervals upon the former client’s written

request and upon termination of the screening procedures.

(b) When a lawyer has terminated an association with a firm, the firm is not prohibited

from thereafter representing a person with interests materially adverse to those of a client

represented by the formerly associated lawyer and not currently represented by the firm,

unless:

(1) the matter is the same or substantially related to that in which the formerly

associated lawyer represented the client; and

(2) any lawyer remaining in the firm has information protected by Rules 1.6 and

1.9(c) that is material to the matter.

knowingly represent a person in a matter in which that lawyer is disqualified under Rule

1.9 unless:

(1) the personally disqualified lawyer is timely screened from any participation in

the matter and is apportioned no part of the fee therefrom; and

(2) written notice is promptly given to any affected former client to enable it to

ascertain compliance with the provisions of this Rule.

(d) A disqualification prescribed by this Rule may be waived by the affected client under

the conditions stated in Rule 1.7.

(e) The disqualification of lawyers associated in a firm with former or current government

lawyers is governed by Rule 1.11.

Provenance

Source: courts.mt.gov
Retrieved: 2026-09-15
Edition: 2026-09-15
Content hash: 6556f57c673fc116f06e772f6f2eb39a3bfb16621771c69983d59af18d3b8825

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