Mont. R. Prof'l Conduct 1.15

(a) A lawyer shall hold property of clients or third persons that is in a lawyer’s possession

in connection with a representation separate from the lawyer’s own property. Funds shall

be kept in a separate account maintained in the state where the lawyer’s office is situated,

or elsewhere with the consent of the client or third person. Other property shall be identified

as such and appropriately safeguarded. Complete records of such account funds and other

property shall be kept by the lawyer and shall be preserved for a period of five years after

termination of the representation.

(b) A lawyer may deposit the lawyer’s own funds in a client trust account for the sole

purpose of paying bank service charges on that account, but only in an amount necessary

for that purpose.

(c) A lawyer shall deposit into a client trust account legal fees and expenses that have been

paid in advance, to be withdrawn by the lawyer only as fees are earned or expenses

incurred.

(d) Upon receiving funds or other property in which a client or third person has an interest,

a lawyer shall promptly notify the client or third person. Except as stated in this Rule or

otherwise permitted by law or by agreement with the client, a lawyer shall promptly deliver

to the client or third person any funds or other property that the client or third person is

entitled to receive and, upon request by the client or third person, shall promptly render a

full accounting regarding such property.

(e) When in the course of representation a lawyer is in possession of property in which

both the lawyer and another person claim interests, the property shall be kept separate by

the lawyer until there is an accounting and severance of their interests. If a dispute arises

concerning their respective interests, the portion in dispute shall be kept separate by the

lawyer until the dispute is resolved. The lawyer shall promptly distribute all portions of

the property as to which the interests are not in dispute.

(f) Unclaimed or unidentifiable Trust Account Funds.

(1) When a lawyer, law firm, or estate of a deceased lawyer cannot, using reasonable

efforts, identify or locate the owner of funds in its Montana IOLTA or non-IOLTA

trust account for a period of at least two (2) years, it may pay the funds to the

Montana Justice Foundation (MJF). At the time such funds are remitted, the lawyer

may submit to MJF the name and last known address of each person appearing from

the lawyer’s or law firm’s records to be entitled to the funds, if known; a description

of the efforts undertaken to identify or locate the owner; and the amount of any

unclaimed or unidentified funds.

(2) If, within two (2) years of making a payment of unclaimed or unidentified funds

to MJF, the lawyer, law firm, or deceased lawyer’s estate identifies and locates the

owner of funds paid, MJF shall refund the funds it received to the lawyer, law firm,

or deceased lawyer’s estate. The lawyer, law firm, or deceased lawyer’s estate shall

submit to MJF a verification attesting that the funds have been returned to the owner.

MJF shall maintain sufficient reserves to pay all claims for such funds.