There is no standard price for defending a partner or family member assault (PFMA) charge in Montana, and no statute sets one. The fee depends on how the lawyer structures it and on how much work the case requires. This page explains the structures you will be offered, the rule that governs every Montana lawyer's fee, and the things that make one case cost more than another. It does not quote figures, because a figure without the facts of your case would not be honest. It is part of our Montana Domestic Violence Guide.
Flat Fees and Hourly Fees
Criminal defense is commonly billed in one of two ways.
- Flat fee: one set amount for a defined piece of work, such as the case through a plea or dismissal, with a further fee if the case is set for trial.
- Hourly fee: a rate multiplied by the time spent, usually drawn from an advance deposit held in the lawyer's trust account.
Some agreements combine them. With either one, the important question is scope. Does the fee include a jury trial? A hearing to change the no contact order? An appeal from a justice or city court to district court? If the agreement does not say, ask.
What Rule 1.5 Requires of Every Montana Lawyer
Montana Rule of Professional Conduct 1.5(a) says a lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses. The rule lists factors for judging reasonableness, including:
- the time and labor required, and the novelty and difficulty of the questions involved;
- the fee customarily charged in the locality for similar legal services;
- the time limitations imposed by the client or by the circumstances;
- the experience, reputation, and ability of the lawyer performing the services; and
- whether the fee is fixed or contingent.
Rule 1.5(b) adds a writing requirement. The scope of the representation, and the basis or rate of the fee and expenses you will be responsible for, must be communicated to you in writing before or within a reasonable time after the work begins. Any change to the basis or rate must also be in writing. The rule has narrow exceptions for very small matters and for regularly represented clients billed on the same basis, which rarely apply to a criminal defense.
No Contingent Fees in Criminal Cases
Rule 1.5(d)(2) prohibits a contingent fee for representing a defendant in a criminal case. A lawyer cannot make the fee depend on a dismissal or an acquittal. The same rule restricts contingent fees in domestic relations matters, where a fee cannot be made contingent on securing a divorce or on the amount of maintenance, support, or a property settlement (Rule 1.5(d)(1)).
What Makes a Domestic Case Cost More
| Factor | Why it matters |
|---|---|
| Level of the charge | A third or later PFMA, or a strangulation charge, carries possible state prison time, and the procedure is more formal. |
| Whether the case is tried | Preparing witnesses, exhibits, and jury instructions is the largest block of work in any criminal case. |
| Motions | A motion to suppress a statement or to change release conditions means research, writing, and a hearing. |
| Volume of evidence | Body camera video, 911 audio, medical records, and phone data all have to be reviewed in full. |
| Experts and investigators | Medical or digital evidence may call for an outside expert. Their charges are expenses, separate from the lawyer's fee. |
| A related order of protection | The civil hearing is a separate case with its own preparation and its own court date. |
| A family case running alongside | A divorce or parenting case is separate work, even when the same firm handles it. |
Domestic cases often involve more than one proceeding at once. A petition for an order of protection can be heard within 20 days of a temporary order (MCA § 40-15-202(1)), well before the criminal case is resolved. See getting a lawyer for an order of protection hearing and one lawyer for criminal and family cases.
Fees Are Not the Same as Expenses
The fee pays for the lawyer's work. Expenses are money paid to others for the case: an investigator, an expert witness, transcripts, or copies of records. Rule 1.5 applies the reasonableness standard to both, and Rule 1.5(b) requires that the expenses you will be responsible for be explained in writing along with the fee. Ask which expenses are likely in your case and whether you will be asked before a large one is incurred.
If the representation ends early, Rule 1.16(d) requires the lawyer to refund any advance payment of fee or expense that has not been earned or incurred. Our page on changing lawyers mid-case covers how that works.
Cost Against What Is at Stake
A first PFMA conviction carries a minimum of 24 hours in jail, a fine, and at least 40 hours of counseling that the offender pays for (MCA § 45-5-206(3)(a)(i) and (4)). The court must also order payment of the other person's reasonable actual medical, housing, wage loss, and counseling costs (MCA § 45-5-206(5)). Beyond the sentence are possible firearm and parenting effects. Those are the things to weigh a fee against. Our overview, do I need a lawyer for a PFMA, sets them out.
When you meet a lawyer, bring the questions in our list of questions to ask a PFMA lawyer. Several of them are about fees.
This page explains Montana law and the Montana Rules of Professional Conduct in general. It is not legal advice about your specific case.