Hiring a Business Lawyer in Montana
How to form an LLC in Montana, the state fees and yearly filings, how to check a lawyer's license, and the state bar's fee rules. 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
| How to form an LLC | A Montana LLC is formed by filing Articles of Organization with the Secretary of State. The articles must state the LLC's name, whether it is a term company (and the term), the mailing address of its principal office, its registered agent information, whether it is managed by managers or by members (with the names and business mailing addresses of the initial managers or members), whether any members are liable for the company's debts, and, if applicable, professional LLC and series information. Montana law says the Secretary of State sets these filing fees by administrative rule (MCA 35-8-211, 35-7-103, 30-13-217). Source: MCA 35-8-202 |
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| Registered agent | The Articles of Organization must include registered agent information: the name of the LLC's commercial registered agent or, if it has none, the name and address of its noncommercial registered agent. Naming an agent is an affirmation that the agent has consented to serve. An LLC changes its registered agent information by filing a statement of change with the Secretary of State; members or managers need not approve that filing. The Secretary of State may administratively dissolve an LLC that fails for 60 days to appoint and maintain a registered agent in Montana. Montana law says the Secretary of State sets these filing fees by administrative rule (MCA 35-8-211, 35-7-103, 30-13-217). |
| Annual report | Domestic LLCs and foreign LLCs authorized to do business in Montana must file an annual report with the Secretary of State. The first report is due between January 1 and April 15 of the year after the LLC is organized (or authorized), and later reports are due between January 1 and April 15 each year. The Secretary of State may administratively dissolve a domestic LLC that fails for 140 days to file its annual report within the time required by law. Montana law says the Secretary of State sets these filing fees by administrative rule (MCA 35-8-211, 35-7-103, 30-13-217). Source: MCA 35-8-208, 35-8-209 |
| Operating agreement | Montana law says the members of an LLC may enter into an operating agreement, which need not be in writing, to regulate the company's affairs and govern relations among the members, managers and company; where the agreement is silent, the LLC statute governs. A written agreement is needed only to vary certain statutory rules on recordkeeping, distributions, and admission of members. The statute lists provisions the operating agreement may not change. The statute section read does not say whether the operating agreement is filed with the state. Source: MCA 35-8-109 |
| Closing an LLC | After dissolution and winding up, a Montana LLC may terminate its existence by filing Articles of Termination with the Secretary of State, stating its name, the reason for filing, the effective date (if not on filing), its agent for service of process after termination, the persons authorized to wind up its business, the date of dissolution, and that its business has been wound up. Its existence ends when the articles are filed or on a later stated effective date. Montana law says the Secretary of State sets these filing fees by administrative rule (MCA 35-8-211, 35-7-103, 30-13-217). Source: MCA 35-8-906 |
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 |
All legal help in Montana · Background guide
Last verified against official sources: October 27, 2026.
How we source this page: each state-specific rule links to the statute, court rule or official government page it comes from. A rule taken from a public copy of a state code (used only where the official code is not freely readable online) is marked as a secondary source. Spot an error? Use the contact page to report it. About our sources
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.