Hiring a Lemon Law Lawyer in Montana
The Montana lemon law for new cars, the rules for used cars, where to file a complaint, 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
| Lemon law for new cars | Montana's lemon law (the New Motor Vehicle Warranty Act) covers new motor vehicles bought or leased for personal, family or household use, including the non-residential part of a motor home, but not trucks of 15,000 pounds or more gross vehicle weight rating. The warranty period for the law is 2 years from original delivery or the first 18,000 miles, whichever comes first. The consumer must notify the manufacturer in writing during that period; repairs reported in time must be made even after the period ends. A reasonable number of attempts is presumed if the same defect has been repaired four or more times during the warranty period and still exists, or the vehicle has been out of service for a total of 30 or more business days during the warranty period after notice. If the defect substantially impairs use and market value or safety and cannot be fixed, the manufacturer must replace the vehicle with a new one of the same model and equal value, or may instead refund the full purchase price plus reasonable collateral charges and incidental damages, less a reasonable allowance for use based on miles driven. A consumer who wants a refund or replacement and is refused must first use a dispute settlement program certified by the Montana Department of Justice. Department of Justice page: https://dojmt.gov/office-of-consumer-protection/vehicles-and-the-lemon-law/ |
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| Used cars | Montana's lemon law applies to new motor vehicles. The Office of Consumer Protection's used-vehicle guide tells buyers to read and understand the warranty, which may be full, limited or "as-is," and explains that an "as-is" sale means there is no warranty at all. No Montana used-car lemon law was found in the statutes reviewed. |
| How to make a lemon law claim | 1) Written notice: the consumer must notify the manufacturer or its agent in writing during the warranty period (2 years or 18,000 miles) that the vehicle does not conform to the warranty. The manufacturer must say in the warranty or owner's manual that written notice is required and give the name and address to send it to. The repair presumption does not apply against a manufacturer that has not received prior written notice and had a chance to fix the defect. 2) Arbitration: if the manufacturer has an informal dispute settlement program certified by the Montana Department of Justice as meeting federal rules (16 C.F.R. part 703), the consumer must use it first before the refund/replacement remedy can be enforced; that program must decide within 60 days. If the manufacturer has no certified program, the consumer can request arbitration through the Department of Justice by filing a notice and returning the department's form with a $100 filing fee within 5 days of receiving it (the fee is refunded if the department finds no warranty violation is alleged). The arbitrator must decide within 60 days after the department accepts the complaint. A consumer hurt by a manufacturer program that does not follow the required procedures can ask for a new (de novo) arbitration by a department arbitrator, with the same filing procedure and fee. If a decision is not accepted, the parties follow Montana's Uniform Arbitration Act (Title 27, chapter 5). 3) Deadline: the lemon law sections reviewed do not state a separate deadline to file a claim or lawsuit. Manufacturer pays a $750 fee only when the state arbitration procedure is used (§ 61-4-517). Statute does not describe a separate 'final repair attempt' step. |
| Where to file a consumer complaint | The Office of Consumer Protection asks consumers to contact the business first. If that does not resolve the problem, file a complaint online, or download the complaint form and mail or fax it. Include the business's name and address, a detailed explanation, what you have done, and copies (not originals) of receipts, contracts and other documents. Investigators review the complaint and, if it falls under the office's authority, send it to the business for a response and to try to resolve the problem; otherwise it may be referred to another agency. Phone: 406-444-4500 or 800-481-6896. |
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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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.