Choose a divorce lawyer the way you would choose any professional you will rely on for months: by what they actually do, how they explain it, and whether you can work with them. Titles and slogans are poor guides. This page, part of our Montana Divorce Guide, sets out what to compare and what Montana's ethics rules say about the claims lawyers make.
Start With What Your Case Needs
Before comparing lawyers, sort out what you are hiring for. A short marriage with no children and little property is a different job from a case with a business, a pension, or a disputed parenting plan. If you are not sure which you have, our overview, do I need a lawyer for divorce, lists the features that make a case harder.
Then think about how you hope to resolve it. Some couples can reach agreement with a neutral. Others need a lawyer on their side from the start. A lawyer should be able to describe the routes open to you (negotiation, mediation, a cooperative process, or trial) and say candidly which ones fit your facts. Our article on contested vs. uncontested divorce explains the difference.
Local practice matters as well. Each judicial district has its own rules on top of the statutes. In Missoula County, for example, the Fourth Judicial District's local rules require two settlement conferences before a civil case may be set for trial (Local Rule 9(A)), and the judges require parents in a dissolution to attend a parenting plan orientation program. A lawyer who regularly appears in your county will already know those steps. Our article on divorce court in Missoula County describes them.
Four Things to Compare
| What to compare | Why it matters | How to check |
|---|---|---|
| Family law focus | Dissolution has its own statutes, disclosure forms, and child support guidelines. | Ask how much of the practice is family law and where the lawyer regularly appears. |
| Process options | A lawyer who offers only one path may steer every case down it. | Ask how your case could be resolved and which paths the lawyer handles. |
| Communication | Rule 1.4 requires a lawyer to keep you reasonably informed and to answer reasonable requests promptly. | Ask who answers messages and how quickly, and how you will receive documents. |
| Fee terms | Rule 1.5(b) generally requires the scope and the basis or rate of the fee in writing. | Read the fee agreement before signing and ask about anything unclear. |
| Fit | You have to be able to tell this person the whole truth. | Notice whether you were listened to and whether explanations were clear. |
Competence is the baseline, not a selling point. Rule 1.1 of the Montana Rules of Professional Conduct requires every lawyer to provide competent representation, which the rule describes as "the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation." What you are comparing is how each lawyer would apply that to your case.
What the Ethics Rules Say About Lawyer Claims
Montana lawyers are bound by the Rules of Professional Conduct adopted by the Montana Supreme Court. Rule 7.1 says a lawyer "shall not make a false or misleading communication about the lawyer or the lawyer's services." The rule lists examples of misleading communications. Three are useful to a person comparing lawyers:
- Unjustified expectations. A communication is misleading if it "is likely to create an unjustified expectation about results the lawyer can achieve" (Rule 7.1(b)).
- Past results. Proclaiming results obtained for clients is misleading unless the lawyer also states that past results afford no guarantee of future results and that every case is different (Rule 7.1(c)).
- Comparisons. Comparing the quality of one lawyer's services with another's is misleading unless the comparison can be factually substantiated (Rule 7.1(e)).
Rule 7.2(c) addresses specialist claims. A lawyer may not state or imply that the lawyer is certified as a specialist in a field of law unless the lawyer has been certified by an organization approved by an appropriate state authority or accredited by the American Bar Association, and the certifying organization is clearly identified. A lawyer may say that a practice is limited to or focused on family law. That is a description of the work, not a certification.
Claims That Deserve a Second Look
With those rules in mind, treat the following with caution:
- A prediction of what you will receive, or how the parenting plan will come out, made before the lawyer has seen your documents. Montana courts apportion property equitably on the facts (MCA § 40-4-202(1)) and decide parenting on the child's best interest.
- A promise about how long the case will take. Much of the schedule belongs to the court and to the other side.
- Encouragement to punish your spouse. The court divides property and sets maintenance "without regard to marital misconduct" (MCA §§ 40-4-202(1) and 40-4-203(2)), so a strategy built on blame adds cost without changing those results.
- Reluctance to put fee terms in writing. See how divorce lawyers charge.
Whose Decisions Are Whose
A good working relationship rests on a clear division of roles. Under Rule 1.2(a), a lawyer "shall abide by a client's decisions concerning the objectives of representation" and "shall abide by a client's decision whether to settle a matter." The lawyer consults with you about the means. In a first meeting, notice whether the lawyer asks what you want your life to look like afterward, or tells you what you should want.
Bring a written list so that every lawyer you meet gets the same questions. Ours is here: questions to ask a divorce lawyer.
About A&M Law
A&M Law is a Missoula family law firm. Misty Gaubatz holds a Certificate in Mediation and has served as a guardian ad litem. The firm offers Cooperative Family Law, in which it serves as a neutral for both spouses, who meet together, and represents the process rather than either spouse. Each spouse remains free to consult their own lawyer. The firm also represents individual clients in traditional divorce cases. Measure us by the same list you would use for anyone else.
This page explains Montana law in general as of the 2025 Montana Code Annotated and the current Montana Rules of Professional Conduct. It is not legal advice about your specific case.