Montana Code Annotated 2023

TITLE 25. CIVIL PROCEDURE

CHAPTER 40. ALTERNATIVE DISPUTE RESOLUTION

Part 1. Uniform Collaborative Law Act

Governmental Entity As Party

25-40-110. Governmental entity as party. (1) The disqualification provision contained in 25-40-108(1) applies to a collaborative lawyer representing a party that is a government or governmental subdivision, agency, or instrumentality.

(2) After a collaborative law process concludes, another lawyer in a law firm with which the collaborative lawyer is associated may represent a government or governmental subdivision, agency, or instrumentality in the collaborative matter or a matter related to the collaborative matter if:

(a) the collaborative law participation agreement so provides; and

(b) the collaborative lawyer is isolated from any participation in the collaborative matter or a matter related to the collaborative matter through procedures within the law firm that are reasonably calculated to isolate the collaborative lawyer from such participation.

History: En. Sec. 10, Ch. 200, L. 2015.