2021 Montana Code Annotated
Title 25. Civil Procedure
Chapter 40. Alternative Dispute Resolution
Part 1. Uniform Collaborative Law Act
25-40-109. Low-income parties

Universal Citation:
MT Code § 25-40-109 (2021)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

25-40-109. Low-income parties. (1) The disqualification provision contained in 25-40-108(1) applies to a collaborative lawyer representing a party with or without a fee.

(2) After a collaborative law process concludes, another lawyer in a law firm with which a collaborative lawyer disqualified under 25-40-108(1) is associated may represent a party without a fee in the collaborative matter or a matter related to the collaborative matter if:

(a) the party has an annual income that qualifies the party for free legal representation under the criteria established by the law firm for free legal representation;

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

(c) 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. 9, Ch. 200, L. 2015.

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