Mont. R. Regulation Prac. Law II

Except as provided by law, in order to appear as an attorney at law on behalf of

another in the courts of this State, a person must:

(a) have graduated with a Juris Doctor or equivalent degree from a law school

accredited by the American Bar Association; and

(b) have complied with the Rules for Admission to the State Bar of Montana; have

successfully passed review by the Commission on Character and Fitness; and

have successfully passed the Montana Bar Examination; and

(c) have signed and filed with the Clerk of the Montana Supreme Court the

written attorney ethics oath prescribed by the Montana Supreme Court; have

taken the oral oath prescribed by § 37-61-207, MCA, to support the

Constitution of the United States and the Constitution of the State of Montana

and to faithfully discharge the duties of an attorney with fidelity to the best of

his or her knowledge and ability; and have signed, or the Clerk of this Court

has entered the person’s name on, the roll of attorneys kept by the Clerk of this

Court; and

1 See In re Dissolving the Comm’n on the Unauthorized Practice of Law, 2010 MT 82, 356 Mont.

109, 242 P.3d 1282.

(d) be a member in good standing (regardless of the category of membership) of

the State Bar of Montana, have paid all dues, fees, penalties and license taxes

applicable to his or her status as an attorney at law and member of the State

Bar of Montana, and have met the continuing legal education requirements

prescribed by this Court;

(e) provided, however, rules II(a) and (b) above shall not apply to those persons

licensed to practice law in Montana and who are members in good standing of

the State Bar of Montana on the date of the adoption of these rules, and that

rules II(a) through (e) shall not apply to a person who has complied with the

rules for pro hac vice practice in this State; and

(f) provided further that this rule II does not apply to an attorney at law or other

person practicing within the scope of an authorization to practice law granted

by the United States or any Indian tribe or to persons acting in compliance

with the Water Court Rules.