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MT · rules

Mont. R. Prof'l Conduct 5.4

Professional Independence of a Lawyer

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

(a) A lawyer or law firm shall not share legal fees with a nonlawyer, except that:

(1) an agreement by a lawyer with the lawyer’s firm, partner or associate may

provide for the payment of money, over a reasonable period of time after the

lawyer’s death, to the lawyer’s estate or to one or more specified persons;

(2) a lawyer who purchases the practice of a deceased, disabled or disappeared

lawyer may, pursuant to the provisions of Rule 1.19, pay to the estate or other

representative of that lawyer the agreed-upon purchase price;

(3) a lawyer or law firm may include nonlawyer employees in a compensation or

retirement plan, even though the plan is based in whole or in part on a profit-sharing

arrangement; and

(4) a lawyer may share court-awarded legal fees with a nonprofit organization that

employed, retained or recommended employment of the lawyer in the matter.

(b) A lawyer shall not form a partnership with a nonlawyer if any of the activities of the

partnership consist of the practice of law.

(c) A lawyer shall not permit a person who recommends, employs or pays the lawyer to

render legal services for another to direct or regulate the lawyer’s professional judgment in

rendering such legal services.

(d) A lawyer shall not practice with or in the form of a professional corporation or

association authorized to practice law for a profit, if:

(1) a nonlawyer owns any interest therein, except that a fiduciary representative of

the estate of a lawyer may hold the stock or interest of the lawyer for a reasonable

time during administration;

(2) a nonlawyer is a corporate director or officer thereof or occupies the position of

similar responsibility in any form of association other than a corporation; or

(3) a nonlawyer has the right to direct or control the professional judgment of a

lawyer.

Provenance

Source
courts.mt.gov
Retrieved
2026-09-15
Edition
2026-09-15
Content hash
422101c8df18d1f540e6e4c21c9b2afa256fa0e381a5cfbef7b9751ca4a1168d
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