MT · rules
Mont. R. Prof'l Conduct 1.20
Duties to Prospective Clients
(a) A person who consults with a lawyer about the possibility of forming a client-lawyer
relationship with respect to a matter is a prospective client.
(b) Even when no client-lawyer relationship ensues, a lawyer who has had consultations
with a prospective client shall not use or reveal information, except as Rule 1.9 would
permit with respect to information of a former client.
(c) A lawyer subject to paragraph (b) shall not represent a client with interests materially
adverse to those of a prospective client in the same or a substantially related matter if the
lawyer received information from the prospective client that could be significantly harmful
to that person in the matter, except as provided in paragraph (d). If a lawyer is disqualified
from representation under this paragraph, no lawyer in a firm with which that lawyer is
associated may knowingly undertake or continue representation in such a matter, except as
provided in paragraph (d).
(d) When the lawyer has received disqualifying information as defined in paragraph (c),
representation is permissible if:
(1) both the affected client and the prospective client have given informed consent,
confirmed in writing, or:
(2) the lawyer who received the information took reasonable measures to avoid
exposure to more disqualifying information than was reasonably necessary to
determine whether to represent the prospective client; and:
(i) the disqualified lawyer is timely screened from any participation in the
matter and is apportioned no part of the fee therefrom; and
(ii) written notice is promptly given to the prospective client.
COUNSELOR
Provenance
- Source
- courts.mt.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
552d8f150d089d5393f3b1600425328a5a90fc49fdb38da81f644e1f5b0f3d40
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