Montana Multijurisdictional Practice (MJP)
For general information about Multijurisdictional Practice (MJP), please see the MJP General page.
Montana has not adopted a version of ABA Model Rule 5.5 of the Rules of Professional Conduct that would allow attorneys licensed in other jurisdictions to practice law in Montana without engaging in the unauthorized practice of law. (MT RPC 5.5).
Rule 8.5 (Jurisdiction and Certification) is not the ABA Model Rule 8.5 granting more leeway for attorneys practicing in multiple jurisdictions but still applies to such practices.
Montana’s Rule 8.5 states that attorneys who are not active members in good standing of the Montana Bar, and who seek to practice before a state or federal court in Montana via pro hac vice, by motion, or other type of admission, must certify in writing and under oath (except to Rules 6.1 through 6.4) that he or she will be bound and subject to the disciplinary authority of Montana. A copy of the certification must be contemporaneously mailed to the business offices of the State Bar of Montana in Helena, Montana. (Rules 6.1 through 6.4 covers pro bono service, accepting appointments, membership in legal services organizations, and law reform activities affecting client interests.)
A lawyer not admitted to practice in Montana is subject to the disciplinary authority of Montana for conduct that constitutes a violation of the Montana Rules of Professional Conduct and that:
- Involves the practice of law in Montana by that lawyer;
- Involves that lawyer holding himself or herself out as practicing law in Montana;
- Advertises, solicits, or offers legal services in Montana; or
- Involves the practice of law in Montana by another lawyer over whom that lawyer has the obligation of supervision or control.
A lawyer is not subject to discipline if his or her conduct conforms to the rules of a jurisdiction where the lawyer reasonably believes the predominant effect of the lawyer’s conduct will occur.