Title 37, Title 37

Every person on admission shall take an oath 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 the person's knowledge and ability. A certificate of the o…

If any person practices law in any court, except a justice's court or a city court, without having received a license as attorney, the person is guilty of a contempt of court.

(1) An attorney or counselor at law admitted by the supreme court of the state to practice within the state is required to pay a license tax of $25 a year. The tax is payable to and collected by the clerk of the supreme court on or before April 1 of each year. (2) Upon the paymen…

If any practicing attorney or counselor at law shall fail, neglect, or refuse to pay to the clerk of the supreme court the license tax imposed by this chapter for a period of 30 days after the same is due and payable, it shall be the duty of the clerk of the supreme court to take…

All moneys so collected during any month shall, on or before the first day of the succeeding month, be delivered to and deposited with the state treasurer by the clerk of the supreme court, and the state treasurer shall deposit such moneys in the general fund.

An attorney may not practice or be permitted to practice in any of the courts of record in this state until the attorney has paid a license tax for the current fiscal year and procured a certificate, as provided in 37-61-211, and any attorney violating this section is guilty of a…

(1) It is unlawful for any court within this state to allow attorney fees in any action or proceeding before the court in which attorney fees are allowed by law to either party to an action or proceeding when the party is represented by anyone other than a duly admitted or licens…

(1) The supreme court of the state has exclusive jurisdiction to remove or suspend attorneys at law. (2) An attorney may be removed or suspended for any of the following causes arising after admission to practice: (a) conviction of a felony or misdemeanor involving moral turpitud…

In case of the conviction of an attorney and counselor of a felony or misdemeanor involving moral turpitude, the clerk of the court in which such conviction is had shall, within 30 days thereafter, transmit to the supreme court a certified copy of the record of conviction.

The proceedings to remove or suspend an attorney and counselor under 37-61-301(2)(a) must be taken by the court on the receipt of a certified copy of the record of conviction. The proceedings under 37-61-301(2)(b), (2)(c), or (2)(d) may be taken by the court for the matters withi…

(1) The supreme court may make rules regulating pleadings, practice, and procedure in such action or proceeding; and in the absence of such rules, the law relating to pleadings, practice, and procedure in civil actions, so far as applicable, shall control. (2) The court may order…

Witnesses on behalf of the complainant in any such action or proceeding shall be entitled to the fees and mileage provided by law for witnesses in civil actions in the district court.

Upon conviction, in cases arising under 37-61-301(2)(a), the judgment of the court must be that the name of the party be stricken from the roll of attorneys of the court and that the party be precluded from practicing as an attorney in all the courts of this state. Upon convictio…

(1) An attorney has authority to: (a) bind the attorney's client in any steps of an action or proceeding by agreement filed with the clerk or entered upon the minutes of the court and not otherwise; (b) receive money claimed by the attorney's client in an action or proceeding dur…

The court or judge, on motion of either party, may require the attorney of the adverse party to produce and prove the authority under which the attorney appears and may stay all proceedings until the authority is shown and may at any time summarily relieve a party from the conseq…

(1) The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows: (a) on consent of both client and attorney, filed with the clerk or entered on the minutes; or (b) on the order of the court, on the applica…

When an attorney is changed as provided in 37-61-403, written notice of the change and the substitution of a new attorney or of the appearance of the party in person must be given to the adverse party. Until then, the adverse party shall recognize the former attorney.

When an attorney dies or is removed or suspended or ceases to act as an attorney, a party to an action for whom the attorney was acting as attorney must, before any further proceedings are had against the party, be required by the adverse party, by written notice, to appoint anot…

An attorney who is guilty of any deceit or collusion or consents to any deceit or collusion with intent to deceive the court or a party forfeits to the party injured by the deceit or collusion treble damages. The attorney is also guilty of a misdemeanor.

An attorney who willfully delays a client's cause with a view to the attorney's own gain or willfully receives money or an allowance for or on account of money that the attorney has not laid out or become answerable for forfeits to the party injured treble damages.

(1) An attorney may not directly or indirectly buy or be in any manner interested in buying a bond, promissory note, bill of exchange, book debt, or other thing in action with the intent and for the purpose of bringing an action on that instrument or thing. (2) An attorney may no…

An attorney and counselor who violates 37-61-408 is guilty of a misdemeanor and on conviction thereof shall be punished accordingly and must be removed from office by the supreme court.

Sections 37-61-407 through 37-61-409 do not prohibit the receipt by an attorney or counselor of a bond, promissory note, bill of exchange, book debt, or other thing in action in payment for property sold or for services actually rendered or for a debt antecedently contracted or f…

Sections 37-61-407 through 37-61-410 apply to a person prosecuting an action in person who does an act which an attorney and counselor is therein forbidden to do.

An attorney may not: (1) directly or indirectly advise concerning, aid, or take any part in the defense of an action or special proceeding, civil or criminal, brought, carried on, aided, advocated, or prosecuted, as attorney general, county attorney, or other public prosecutor, b…

An attorney and counselor who has brought, carried on, aided, advocated, or prosecuted or has been in anywise connected with an action or special proceeding, civil or criminal, as attorney general, county attorney, or other public prosecutor, must not, at any time thereafter, dir…

Whenever a law partnership or any member thereof accepts employment to prosecute or defend any action, civil or criminal, or to advise in relation thereto, no member of said partnership is permitted, then or afterward, to act as attorney or counselor on the side opposite to that …

An attorney and counselor who violates either 37-61-413 or 37-61-414 is guilty of a misdemeanor and on conviction thereof shall be punished accordingly and must be removed from office by the supreme court.

A party to a civil action who is of legal age may prosecute or defend the action in person or by attorney at the party's election unless the party has been judicially declared to be incompetent to manage the party's affairs. Each provision of this part relating to the conduct of …

This part does not prohibit an attorney from defending in person if prosecuted either civilly or criminally.

All public officers, sheriffs, coroners, jailers, constables, or other officers or persons having in custody any person committed, imprisoned, or restrained of the person's liberty for any alleged cause shall admit any practicing attorney in this state whom the person restrained …

(1) Without the consent of the district court judge who had first approved the security, no attorney and counselor at law shall become security in any bond or recognizance of any sheriff, constable, or coroner or upon any bond, undertaking, or recognizance authorized by any statu…

(1) The compensation of an attorney and counselor for services is governed by agreement, express or implied, which is not restrained by law. (2) Once an attorney is engaged by a client, the attorney who performs services, including an attorney who performs services as a third-par…

An attorney or party to any court proceeding who, in the determination of the court, multiplies the proceedings in any case unreasonably and vexatiously may be required by the court to satisfy personally the excess costs, expenses, and attorney fees reasonably incurred because of…