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MT · rules

Mont. R. Prof'l Conduct 3.4

Fairness to Opposing Party and Counsel

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

A lawyer shall not:

(a) unlawfully obstruct another party’s access to evidence, unlawfully alter, destroy or

conceal a document or other material having potential evidentiary value, or counsel or

assist another person to do any such act;

(b) falsify evidence, counsel or assist a witness to testify falsely, or offer an inducement to

a witness that is prohibited by law;

(c) knowingly disobey an obligation under the rules of a tribunal except for an open refusal

based on an assertion that no valid obligation exists;

(d) in pretrial procedure, make a frivolous discovery request or fail to make reasonably

diligent effort to comply with a legally proper discovery request by an opposing party;

(e) in trial, allude to any matter that the lawyer does not reasonably believe is relevant or

that will not be supported by admissible evidence, assert personal knowledge of facts in

issue except when testifying as a witness, or state a personal opinion as to the justness of a

cause, the credibility of a witness, the culpability of a civil litigant or the guilt or innocence

of an accused; or

(f) request a person other than a client to refrain from voluntarily giving relevant

information to another party unless:

(1) the person is a relative or an employee or other agent of a client; and

(2) the lawyer reasonably believes that the person’s interests will not be adversely

affected by refraining from giving such information.

Provenance

Source
courts.mt.gov
Retrieved
2026-09-15
Edition
2026-09-15
Content hash
7f0faac4b7300fdf3729f6342dd4ace236724fdbd378765024abcc0607aaadad
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