Montana: How Contingency Fees Work, Rule 1.5 Explained

The percentage itself is negotiated freely in Montana — but a real Montana Supreme Court case shows what happens if the relationship ends before the case does.

The core promise: no recovery, no fee

A contingency fee means the attorney's fee is contingent — dependent — on actually winning or settling the case. If there's no recovery at all, the client generally owes no attorney fee, regardless of how much work went into the case.

What Rule 1.5 actually requires

Montana Rule of Professional Conduct 1.5 sets the baseline: a lawyer's fee must be reasonable, measured against factors including the time and labor required, the fee customarily charged for similar work, and whether the fee is fixed or contingent. A state bar ethics opinion has confirmed the rule applies the same reasonableness analysis whether a fee is structured as a flat, fixed, or contingent arrangement.

A real case on what happens if the client switches attorneys

In Campbell v. Bozeman Investors of Duluth (1998), a Montana personal injury client fired her contingency-fee attorneys more than a year into the case and hired someone else, who then settled it. The original attorneys sought payment. The Montana Supreme Court confirmed the client had the right to end the representation — that alone wasn't a breach of the fee agreement — but also held the original attorneys could still recover the reasonable value of the work they had substantially performed before being let go, calculated separately from the full contingency percentage.

A sliding-scale cap that didn't make it into law

A 1987 bill would have replaced Montana's open-ended reasonableness standard with a declining sliding scale — 40% of the first $25,000 recovered, dropping through several lower tiers as the recovery grew. The bill was tabled in committee and never became law.

No specific percentage written into law

Beyond the reasonableness requirement, Montana sets no specific percentage ceiling for a personal injury or medical malpractice contingency fee. The rate is negotiated privately between attorney and client, commonly ranging from 33.3% to 40% of the total recovery.

How contingency fees work — frequently asked questions

What does "contingency" actually mean in a Montana fee agreement?

It means the attorney's fee is contingent on winning or settling the case. If there's no recovery, the client generally owes no attorney fee at all.

What does Montana Rule 1.5 actually require of a contingency fee?

The fee must be reasonable, judged against factors like the time and labor involved, the fee customarily charged for similar work, and whether the fee is fixed or contingent.

Can a Montana client fire their contingency-fee attorney before the case ends?

Yes. The Montana Supreme Court has confirmed a client's right to end the representation at any time, even mid-case.

Does firing the attorney mean the client owes nothing for the work already done?

No. The fired attorney can still recover the reasonable value of services already substantially performed, under a quantum meruit theory, even though the full contingency percentage no longer applies.

Is a contingency fee agreement negotiable in Montana?

Yes. The rate is set by private agreement between attorney and client, subject to the reasonableness standard of Rule 1.5.

This page provides general guidance only and is not legal advice. Figures are based on Montana Rule of Professional Conduct 1.5 and Campbell v. Bozeman Investors of Duluth, 290 Mont. 374 (1998), verified per our methodology. Confirm your actual fee agreement with a licensed Montana attorney before acting.