Hiring a Bicycle Accident Lawyer in Montana
Bicycle laws in Montana, the deadline to sue, how lawyers usually charge (contingency fees), how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Montana: fee rules
| Rules on contingency fees | Under Montana Rule of Professional Conduct 1.5(c), a contingent fee agreement must be in a writing signed by the client and must state how the fee is determined, including the percentage(s) for settlement, trial or appeal; the litigation and other expenses deducted from the recovery; and whether expenses come out before or after the fee is calculated. It must clearly tell the client about any expenses the client owes whether or not the client wins. At the end, the lawyer must give the client a written statement of the outcome and, if there is a recovery, the amount paid to the client and how it was figured. Rule 1.5(d) bars fees in domestic relations matters contingent on securing a divorce or on the amount of maintenance, support or property settlement, and contingent fees for defending a criminal case. Rule 1.5(b) also requires the scope and basis or rate of fees to be communicated in writing, except where total cost is reasonably foreseeable to be $500 or less. |
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| If you disagree with a lawyer's bill | The State Bar of Montana runs a fee arbitration program for disputes over fees and costs paid, charged or claimed by lawyers practicing in Montana. To start, both an Arbitration Agreement and a Petition for Arbitration must be completed and returned; the Rules on Fee Arbitration are posted on the page. Fee arbitration is not for negligence, malpractice or ethics complaints, which go to the Office of Disciplinary Counsel or a court. |
| If a lawyer takes your money | The State Bar of Montana's Lawyers' Fund for Client Protection reimburses losses caused by dishonest conduct or mishandling of funds by a Montana lawyer within an attorney-client relationship; it does not cover negligence or malpractice. The claimant must have made a reasonable attempt to recover the money from the lawyer, and conditions such as the lawyer's death, incompetency, criminal conviction, disbarment or suspension apply. No fixed maximum is stated; the amount depends on factors including the Fund's balance, and partial awards may be made. Apply with the Lawyers Fund Application on the page; a lawyer is not needed to file a claim. |
Montana rules to know first
| Bicycle laws | A person riding a bicycle has all the rights and duties of a driver of any other vehicle, except for special bicycle rules. Drivers may not intentionally interfere with a lawful bicyclist, may pass a bicyclist only when it can be done safely without endangering the rider, and must yield to bicyclists in a designated bike lane (the statute sets no fixed passing distance in feet). Cyclists riding slower than traffic generally keep to the right lane or a paved shoulder, with listed exceptions. Riding on sidewalks is allowed unless signs prohibit it, but the cyclist must yield to pedestrians and give an audible signal before passing them. Passing/yield: https://mca.legmt.gov/bills/mca/title_0610/chapter_0080/part_0030/section_0200/0610-0080-0030-0200.html ; roadway position: https://mca.legmt.gov/bills/mca/title_0610/chapter_0080/part_0060/section_0050/0610-0080-0060-0050.html ; sidewalks: https://mca.legmt.gov/bills/mca/title_0610/chapter_0080/part_0060/section_0080/0610-0080-0060-0080.html . Helmet rules for bicyclists were not found in the sections read. |
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| Fault rule | Modified comparative negligence (51% bar). The injured person's negligence does not bar recovery if it was not greater than the negligence of the defendant or the combined negligence of all defendants, but damages are reduced in proportion to the injured person's percentage of negligence. Source: Mont. Code Ann. § 27-1-702 |
| Deadline to sue | Three years for tort actions in general, including personal injury based on negligence (an action on a liability not founded on a written instrument). Two years for libel, slander, assault, battery, false imprisonment or seduction. |
Find and check a lawyer
| Lawyer referral service | The State Bar of Montana provides a lawyer referral service called Licensed Lawyer Montana, free of charge to the public. Only attorneys who opt to include their information and maintain malpractice insurance are part of the program; the State Bar does not recommend specific attorneys or make general referrals outside this service. |
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| Check that the lawyer is licensed | The State Bar of Montana, which licenses and keeps the roll of Montana lawyers, publishes an Attorney Directory on its website. The Montana Office of Disciplinary Counsel says to contact the State Bar of Montana for a lawyer's license status or current contact information. |
| Check discipline history or file a complaint | The Office of Disciplinary Counsel (ODC), set up by the Montana Supreme Court, takes and investigates grievances against Montana lawyers; the Commission on Practice hears complaints and can recommend discipline to the Supreme Court. To file, mail the Grievance Cover Sheet with a signed, detailed written explanation and copies (not originals) of supporting documents to Office of Disciplinary Counsel, P.O. Box 1099, Helena, MT 59624-1099; grievances are not accepted through the website contact form. ODC publishes a list of publicly disciplined Montana lawyers (excluding private discipline), and public orders can be searched on the Montana Supreme Court Public View Docket. Phone: (406) 442-1648. Public discipline list: https://montanaodc.org/attorney-discipline |
Free legal help
| Free legal aid | Montana Legal Services Association (MLSA) provides free civil legal services to low-income Montanans. Apply online or call the HelpLine at 1-800-666-6899 (Tuesday through Thursday, 9:00 am to 1:00 pm); applicants generally hear back in 3-5 business days. The Montana Supreme Court's Court Help Program is a free service that gives legal information (not legal advice) to people with civil legal problems who cannot afford or choose not to hire an attorney, through local centers. The Legal Services Corporation (LSC) lists Montana Legal Services Association as the LSC-funded grantee in the state. Court Help Program: https://courts.mt.gov/selfhelp/; LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.