Before you hire an injury lawyer, ask about five things: what it will cost, including the case costs if you lose; who will actually do the work; whether the case could be referred to another firm; how you will hear about progress; and who decides whether to settle. The Montana Rules of Professional Conduct answer part of each question for you, which makes it easier to tell a clear answer from a vague one. This page is part of the Decide section of our Montana Injury Claim Guide.
Questions About Fees and Case Costs
Every term in this table is something a Montana contingent fee agreement has to address in writing. Asking about each one at the first meeting means none of them is a surprise later. Our article on how injury lawyers charge explains the terms in detail. Ask for a copy of the fee agreement to take home and read before you sign it.
| Ask | Why it matters | Source |
|---|---|---|
| What is your percentage, and does it change if a suit is filed, the case goes to trial, or there is an appeal? | A contingent fee agreement must state the percentage or percentages for settlement, trial, or appeal. | Rule 1.5(c) |
| Which case costs come out of my recovery, and are they taken out before or after your percentage? | The agreement must list the expenses deducted and say whether before or after the fee is calculated. | Rule 1.5(c) |
| Who pays the costs if we lose? | The agreement must clearly tell you which expenses you owe whether or not you prevail. | Rule 1.5(c) |
| Will you advance the costs while the case is open? | A lawyer may advance court costs and litigation expenses, and repayment may depend on the outcome. | Rule 1.8(e)(1) |
| Will I get a written accounting at the end? | Required when a contingent fee matter ends, showing the outcome and how your share was figured. | Rule 1.5(c) |
Who Will Handle My Case?
- Will you handle my case yourselves, or refer it out? A firm can advertise a type of case and then send it to another firm. Montana treats it as misleading to advertise an area a lawyer routinely refers to other lawyers without conspicuously identifying that fact (Rule 7.1(g)). A referral is not wrong in itself, but you should know before you sign.
- If another firm is involved, how is the fee divided? Lawyers in different firms may split a fee only if the split is in proportion to the work each does or each lawyer takes joint responsibility, you agree to the arrangement, including the share each lawyer will receive, the agreement is confirmed in writing, and the total fee is reasonable (Rule 1.5(e)).
- Which lawyer will be my contact, and who else will work on the file? Ask who answers your calls, who talks to the adjuster, and who would appear in court.
Questions About Experience With Your Kind of Claim
A Montana lawyer may not advertise for a specific type of case in which the lawyer has neither experience nor competence (Rule 7.1(f)). It is fair to ask directly: Have you handled claims like mine? A truck crash, a claim against a city, a work injury that also involves another driver, and a claim where your own insurance is the main source of money each raise different issues. Ask the lawyer to explain the issues they see in your claim, in plain words.
Questions About Communication
Rule 1.4 requires a lawyer to keep you reasonably informed about the status of the matter, to promptly comply with reasonable requests for information, and to explain things well enough for you to make informed decisions. Useful questions:
- How will you update me, and how often?
- If I call or email with a question, who responds, and how soon?
- Will I see the demand before it goes to the insurer, and every offer that comes back?
Questions About Decisions and Settlement
Rule 1.2(a) says a lawyer shall abide by a client's decision whether to settle a matter. The lawyer advises, and you decide. Ask how settlement offers will be presented to you, what the lawyer would want to know about your medical treatment before making a demand, and what would make them recommend filing a lawsuit instead of continuing to negotiate. Our article on whether to settle or file a lawsuit explains the trade-offs.
Questions About Your Claim Itself
- Which deadline applies to my claim? Most Montana injury lawsuits must be filed within 3 years (MCA § 27-2-204), but a claim against the State, a city, or a county starts with a written claim (MCA § 2-9-301).
- Where could the money come from? The other driver's policy, your own uninsured or underinsured motorist coverage, an employer, or another party.
- Does fault look disputed? Your recovery is reduced by your share of fault and barred if your share is greater than the other side's (MCA § 27-1-702).
- Are there medical liens or repayment claims I should know about now?
Before the Meeting
Listen to how the questions are answered as well as what the answers are. Be wary of vague answers about costs, a figure for what your claim is worth before the lawyer has seen your medical records, or pressure to sign at the first meeting. Montana's rules treat a communication that is likely to create an unjustified expectation about the results a lawyer can achieve as misleading (Rule 7.1(b)). A lawyer who tells you what is uncertain about your claim is giving you something more useful than a prediction.
Good answers depend on good information. Our checklist of what to bring to an injury consultation lists the documents that let a lawyer answer these questions about your claim instead of in general. If you want to see how clients describe working with A&M Law, read our client reviews.
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 situation.