MT · rules
Mont. R. Prof'l Conduct 1.19
Sale of Law Practice
A lawyer or a law firm may sell or purchase a law practice, including good will, if the
following conditions are satisfied:
(a) The seller ceases to engage in the private practice of law in the geographic area in which
the practice has been conducted.
(b) The entire practice is sold to one or more lawyers or law firms.
(c) Actual written notice is given to each of the seller’s clients regarding:
(1) the proposed sale;
(2) the client’s right to retain other counsel or to take possession of the file; and
(3) the fact that the client’s consent to the sale will be presumed if the client does
not take any action or does not otherwise object within ninety (90) days of receipt
of the notice.
If a client cannot be given notice, the representation of that client may be transferred to the
purchaser only upon entry of an order so authorizing by a court having jurisdiction. The
seller may disclose to the court in camera information relating to the representation only to
the extent necessary to obtain an order authorizing the transfer of a file.
(d) The fees charged clients shall not be increased by reason of the sale.
Provenance
- Source
- courts.mt.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
522b65d69b26e30aa2c171e5a5842523fce92d74edf285090bd99a41cad1ac58
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