Montana Lawyer August/September 2025

AUG/SEP 2025 VOL. 50 | ISS. 4

A New Vision for Justice: State Bar of Montana Charts Path Forward with 2025–2027 Strategic Plan

A Summary of Recent Findings from the State Bar’s Task Force Report State Bar Of Montana’s 2025 Award Winners Also Inside:

AUGUST/SEPTEMBER 2025 VOL. 50 ISS. 4

IN THIS ISSUE

The Montana Lawyer is published 6 times a year by the State Bar of Montana, 33 S. Last Chance Gulch, Suite 1B, P.O. Box 577, Helena, MT 59624 as its official publication for all members. Publisher | John Mudd Editor | Regina Mercado email : montanalawyer@montanabar.org Montana Lawyer Subscriptions are a benefit of State Bar membership. Subscriptions for non members are available for $50 per year. Ad rates and subscription information are avail able by emailing montanalawyer@montanabar. org. Statements and expressions of opinion appear ing in the Montana Lawyer are those of the advertisers or authors. Unless specifically stated, they are not the official position or view of the State Bar of Montana, its officers or trustees, and they do not necessarily represent the views of all members of the State Bar of Montana. Postmaster: Send address changes to mon tanalawyer@montanabar.org.

STATE BAR OFFICERS President Antoinette “Toni” Tease, Billings President-Elect Aislinn W. Brown, Helena Secretary-Treasurer Erica R. Grinde, Missoula Immediate Past President J. Stuart Segrest, Helena Chair of the Board Albert “Rich” Batterman, Baker BOARD OF TRUSTEES Area A Ryan G. Hennen, Whitefish Area B Beth Hayes, Missoula Dana L. Hupp, Missoula Natasha P. Jones, Missoula Area C Kaylan A. Minor, Dillon Area D Anthony Gallagher, Great Falls Claire Lettow, Great Falls Area E Albert “Rich” Batterman, Baker Area F

14

STATE BAR OF MONTANA’S 2025 AWARD WINNERS Winners of the State Bar of Montana’s 2024 Annual Awards are (left to right) Former Chief Justice Mike McGrath , William J. Jameson Award; the Honorable Jessica Fehr , Karla M. Gray Equal Justice Award; Lt. Governor Kristen Juras , George L. Bousliman Professionalism Award; (row two) Mike Talia , Neil Haight Pro Bono Award; and Molly Considine , Frank I. Haswell Award.

A New Vision for Justice: State Bar of Montana Charts Path Forward with 2025–2027 Strategic Plan MISCELLANY 4 PRESIDENT’S MESSAGE 6 MEMBER NEWS 7 PARALEGAL SECTION 10 FOR YOUR REFERENCE

A Summary of Recent Findings from the State Bar’s Task Force Report

8

5

Craig D. Charlton, Helena Anna M. Kecskes, Helena Lindsey R. Simon, Helena Area G Sherine D. Blackford, Bozeman Matthew A. Haus, Bozeman Area H Shane P. Coleman, Billings Eli J. Patten, Billings Michelle Sullivan, Billings ABA DELEGATES Michael Klepperich, ABA Delegate ( Young Law yers’ Division ) Matt Thiel, Missoula (Statewide Delegate) Tucker Gannett, Billings (State Bar Delegate)

17 JURY ECONOMICS 22 RISK MANAGEMENT 23 IN MEMORIAM 25 JOBS/CLASSIFIEDS

PRESIDENT’S MESSAGE Embracing the Future of Law in Montana

law students. Mentorship, continuing legal education, and a healthy work-life balance are essential to developing resilient, well-prepared attorneys. At the same time, we cannot ignore the pressures attorneys face. Mental health and well-being are professional issues, not personal ones, and the future of our profession depends on how seriously we take care of our own. Rural Practice & Community Roots Montana’s character is deeply tied to its rural communities. As small-town law practices face succession and sustainability challenges, we must explore creative ways to support lawyers who choose to serve in these areas—whether through incentives, clerkships, or community partnerships. A strong rural bar ensures a strong Montana justice system. Looking Ahead Together The future of the practice of law in Montana will be shaped by our choices today. We must be bold enough to evolve, humble enough to listen, and steadfast enough to preserve the core values of our profession: justice, service, and the rule of law. As your President, I have been honored to work alongside each of you as we meet these changes with determination and vision. I will be passing the baton to a new bar President this month, but I will remain actively involved with the State Bar as a member of the Executive Committee and as Chair of the Past Presidents Committee. I would like to thank you all for the confidence you have placed in me to head this august organization over the past year. I would also like to thank the bar staff for making it possible for me to fulfill my obliga tions in this role. The views expressed in this President’s Message are those of the State Bar President. They do not neces sarily reflect the views of all State Bar members and are not an official position of the State Bar itself.

As we look toward the future of the legal profession in Montana, it’s clear that we are at a pivotal moment—a time of both challenge and opportunity. The legal landscape is evolving more rapidly than ever before, driven by technological innovation, changing client expectations, demo graphic shifts, and the increasing demand for greater access to justice. In the face of this change, Montana’s legal community has a unique oppor tunity—and responsibility—to lead with integrity, adaptability, and a commitment to service. Technology & Innovation Advancements in technology are reshap ing the way we practice law. From AI-assisted research tools to virtual courtrooms, Montana lawyers must be equipped to harness these tools while upholding our ethical responsibilities. We should encourage thoughtful integration of technology into our practices—improving efficiency, reducing costs, and expanding access, particularly in our rural and underserved com munities. As we adapt, our goal must remain constant: providing clients with competent, diligent, and ethical representation. Access to Justice The future of our profession must be in clusive. Access to justice is not a luxury—it’s a promise. Many Montanans still struggle to obtain legal help for critical issues such as hous ing, family law, and public benefits. We must strengthen our support for pro bono work, invest in legal aid infrastructure, and consider responsible innovations in service delivery, such as limited-scope representation and alternative dispute resolution. Justice should never be out of reach because of geography or income. Workforce & Well-Being We must also invest in the future stewards of our profession—our young lawyers and

Toni Tease is a registered patent attorney and a solo practitioner who special izes in intellectual property law. Her office is located in Billings, Montana, and her website is at www. teaselaw.com.

• Business and

MEDIATOR and SETTLEMENT MASTER David J Steele II (406) 541-4940

Corporate Governance

• Contract disputes • Real Property and Real Estate • Probate disputes • Construction Defects • Professional Negligence • Other civil disputes

dave@lawmissoula.com www.lawmissoula.com

4

WWW.MONTANABAR.ORG

MONTANA LAWYER

A New Vision for Justice: State Bar of Montana Charts Path Forward with 2025–2027 Strategic Plan JOHN J. MUDD

Four Priorities for the Future Given the urgent challenges facing many Montana com munities, access to justice takes a prominent place among the Bar’s four strategic goals — led by a new community jus tice worker initiative. Modeled on Alaska’s groundbreaking work, this concept allows trained non-lawyers to assist clients in specific, limited circumstances under attorney supervision. Now being explored in several other states, it offers a promis ing way to address some of Montana’s most pressing legal needs. In June, the Board of Trustees voted unanimously to back the Montana Legal Services Association’s development of a pilot program. The first steps toward implementation are expected to begin this fall. The State Bar’s Trustees also voted to prioritize continued public communication and outreach, building on programs like the nationally recognized Citizens’ Law School, now en tering its fourth year, as well as the Bar’s High School Mock Trial program, which engages students in learning about the legal system. A revitalized Law Day is also under consider ation as another way to connect with the public. As with any volunteer-driven organization, the State Bar recognizes that attorney engagement and education are cen tral to fulfilling its mission. It will continue investing in new ways for members to engage, such as community software launched last year for section and committee members, and planned revisions to the Bar’s website this fall. Those efforts align with a final priority of ensuring operational continuity, preparing the State Bar for the road ahead. Looking Ahead For rural Montanans, families struggling with legal prob lems, and young lawyers building their careers, the stakes are high. The Task Force warned that without innovation, the gap will widen; the Bar’s new Strategic Plan offers a counter point — a roadmap toward solutions. “We know the challenges,” said State Bar Executive Director John Mudd. “Now we have a plan to meet them — with creativity, with advocacy, and with a commitment to serving both attorneys in Montana and the public.” As the plan carries the Bar through 2027, its impact will be measured not only in programs launched or goals met, but Tease hopes in the trust Montanans place in their legal sys tem. “We all understand the challenges and public scrutiny our profession faces, but I am confident we are ready to meet this moment.”

The State Bar of Montana enters its second fifty years at a time when the state’s population is outpacing the growth of the legal profession, deepening gaps in access to justice. Across Montana, rural communities face severe lawyer shortages. National surveys reveal a sharp decline in public trust in institutions, including the justice system, and the gap between legal needs and available services is widening. Against this backdrop, the State Bar of Montana has unveiled its 2025–2027 Strategic Plan — a roadmap devel oped by its elected officers and trustees that sets new goals, a refreshed mission, and a vision for the future of justice in Montana. At the center of the plan is a simple but ambitious vision: “A trusted and independent legal system that safeguards individual liberties, ensures access to justice, and serves as a pillar of democracy for this and future generations.” The vision is rooted in the Montana Supreme Court’s 1974 unification order, the State Bar’s Constitution, and the Rules of Professional Conduct, with a nod to the 1972 Montana Constitution. “The State Bar and its attorneys may represent just one voice in shaping the vision for Montana’s legal system, but it is unquestionably a vital one — fully embraced by our elected leadership representing all corners of Montana and the pro fession,” said Toni Tease, State Bar President. The plan is anchored by six core values: professional ism, service, community, trust, advocacy, and innovation. Together, these values honor the profession’s traditions while responding to the evolving needs of Montana’s communities. A Profession Under Strain The Bar’s strategic planning effort follows the work of the Task Force on the Future of the Legal Profession, which found sobering statistics. In nearly one-third of Montana’s counties, fewer than 10 resident attorneys serve the entire population. In some counties there are none at all. In parts of eastern Montana, accessing legal help can mean driving 100 miles or more just to sit down with a lawyer. The Task Force also found that 70% of low-income Montanans face at least one civil legal problem each year, yet most go without representation. While legal aid organizations serve thousands annually, they lack the resources to keep pace with growing demand. “The access-to-justice gap is real and growing,” notes Task Force co-chair and Past President of the State Bar Stuart Segrest. “Without new approaches, too many Montanans will be left to face their most serious legal issues alone.”

AUGUST-SEPTEMBER 2025

5

WWW.MONTANABAR.ORG

SECTION & MEMBER NEWS

CAREER MOVES Ryan, Miller & Coburn Welcomes Abigail Coburn

graduating cum laude. After teaching middle and high school math and coaching sports in Butte and Anaconda, he earned his law degree and MBA from the University of South Dakota. He returned to Montana to clerk for the Honorable Judge Fehr in Billings before joining Silverman Law Office as an associate attorney. Joyce is expected to play a key role in opening a new Silverman Law Office location in Butte, where the firm already serves many clients. He and the Silverman Law team are currently ac cepting new clients in Butte and across Montana. Hall Booth Smith Welcomes Madeline Clarke The the state. Prior to joining HBS, Madeline was an associate at a regional law firm as a member of its commercial transactions and tax, trusts, and estates practice groups. She has experience advising clients on a wide range of transactional matters, including draft ing and reviewing documents related to real estate transactions such as buy-sell agreements, deeds, leases, and mortgage docu ments. She has also previously counseled clients on corporate formation and governance, estate planning and administration, and water rights adjudication. Madeline earned her Juris Doctor from Gonzaga University School of Law and holds a Bachelor of Science in Sociology, cum laude, from Creighton University. Billings attorney Emily Jones will serve on the Montana Judicial Standards Commission , the Montana Attorney Missoula office of Hall Booth Smith welcomes Madeline Clarke to its office. Madeline will bring her previous experi ence in transactional and real estate matters to enhance the practices the Missoula office offers to clients across

as Named Partner Abigail Coburn has joined our leadership team as a named partner, and our firm will now practice under the name Ryan, Miller & Coburn. Abigail is a 2017 graduate of the University of Montana School of Law. She began her legal career at a local criminal defense firm, and in 2019, she launched her own suc

cessful practice, focusing on complex state and federal criminal matters. Abigail’s connection to the firm began years earlier, she first interned here in 2015, back when we were known as Paul Ryan & Associates. She later brought her talents back to the team in 2024, joining Ryan & Miller and quickly proving herself an incredible asset, particularly in high-stakes federal cases. Abigail has described her return as a “perfect fit,” reflecting shared values and a unified approach to justice. Her elevation to named partner marks a new era for our practice, one defined by strength, experience, and collaboration. Today, Ryan, Miller & Coburn stands as a powerful force for client advocacy in Montana. We are honored to have Abigail’s leadership help guide our continued commitment to criminal defense, personal injury, and medical malpractice law. Datsopoulos MacDonald & Lind, P.C. Welcomes Jarred Hunsaker DML welcomes Jarred Hunsaker as a new associate at our firm.

Born and raised in East Helena, Jarred has spent his entire life in Montana and brings with him a deep-rooted commitment to serv ing the people and communities of our state. Known for his responsiveness, meticulous attention to detail, and innovative problem solving, Jarred provides personalized legal services tailored to meet each client’s unique needs.

General’s Office announced last Wednesday.The Judicial Standards Commission handles disciplinary complaints against judges and issues recommendations to the Supreme Court regarding discipline or removal. Jones has over 15 years of private

Jarred is a member of the State Bar of Montana and the Montana Trial Lawyers Association. He earned his Juris Doctor from the University of Montana School of Law and holds a B.S. in Environmental Science from Montana State University. Jarred’s practice includes commercial and general civil litiga tion, contracts and business law, probate, property and real estate disputes, personal injury, and family law. When not practicing law, Jarred enjoys spending time with family and friends, and can often be found golfing or flyfishing along Montana’s scenic waterways.

practice experience, representing Fortune 500 corporate clients, small businesses, government, nonprofits, and individuals. Her trial experience ranges from arbitration hearings in employ ment matters to federal product liability jury trials and includes serving as lead trial counsel. Emily served several years on the Montana Bar Association’s Judicial Relations Committee. In 2025, Emily was appointed to the Montana Advisory Committee to the U.S. Commission on Civil Rights. She is licensed in Montana state and federal courts, Arizona superior courts, the Ninth Circuit Court of Appeals, the Tenth Circuit Court of Appeals, and the U.S. Supreme Court.

Associate Attorney Joseph Joyce joins Silverman Law Office Butte native Joseph Joyce has joined Silverman Law Office as an as sociate attorney focusing on business law, estate planning, litigation and other transactional matters.

Joyce earned his bachelor’s degree in mathematics and sec ondary education from the University of Montana Western,

6

WWW.MONTANABAR.ORG

MONTANA LAWYER

GUIDELINES FOR SUBMITTING MEMBER NEWS The Montana Lawyer welcomes news from members including announcements of new positions, ad vancements, honors, appointments and publications. There is no charge for Member News submissions. If you have news you would like to submit to the Member News section, you can email it to montanala wyer@montanabar.org. Please direct any questions to the same address. We will include firm name, location, the change that is being announced, attorney’s name, law school, practice areas, and a high-resolution photo.

PARALEGAL SECTION

paralegals from across the state. Don’t miss our Annual Meeting in Helena, a highlight of the year featuring free CLEs, a business meeting, and plenty of time to catch up with peers. Bylaws Update As you may be aware, in June our Members voted to approve the proposed revisions to the Paralegal Section’s bylaws. We are pleased to now report that these revisions have also been approved by the State Bar’s Board of Trustees. The updated bylaws are now available online at: https://www.mon tanabar.org/About-Us/Paralegal-Section-Bylaws. Collaboration with MALA We are proud to be teaming up with Montana Association of Legal Assistants*Paralegals (MALA) to collaborate with its members and bring all of you more opportunities for con nection, learning, and community. Keep an eye out for more information on their CLEs, social gatherings, and Annual Meeting. To learn more about MALA membership and its benefits, please visit: https://www.malanet.org/. We’re excited to bring these two organizations together in a shared mission to support and strengthen Montana’s legal support professionals. By working side by side, we’re building a more connected, collaborative network — and we can’t wait to see what’s ahead! Current Officers of the Paralegal Section Sabrina Hallsten, Chair; Jenna Moseman, Vice Chair; Erin Quirk, Secretary/Treasurer; Alexander Miller, State Bar Liaison; Angela Miller Scott, Professional Development Officer; Michelle Netzer, Member-at-Large; Sara Pike, MALA Liaison Questions? Ideas? Want to chat? We’d love to hear from you! Reach out anytime at parale galsection@gmail.com. A big thank-you to all our current members—your in volvement and support keep this Section vibrant and thriv ing. And if you’re not a member yet, we’re always excited to welcome new faces to the commun

Sidebar with the Paralegal Section:Updates, CLEs, and Future Planning Welcome No matter where you are in your career, the Paralegal Section is your go-to resource to meet and connect with fellow legal professionals, swap ideas, and gain practical knowledge that you can apply in your daily work. We strive to build and support our community, keep you up to date with what’s happening in our profession, and provide opportunities for you to further your education. To help us reach these goals, we host several CLEs throughout the year and keep our members informed through announcements on our listserv, as well as posts and event up dates on the State Bar’s My Community page. We encourage you to take advantage of these opportunities, stay connected, and get involved. If you have questions, ideas for topics or speakers, or just want to connect, don’t hesitate to reach out to any of our Council members—we’d love to hear from you! Become a Member Today The Paralegal Section is all about connection, support, and growth – and we’d love for you to be a part of it! Membership in the Paralegal Section is open to both attorneys and non attorneys who meet the eligibility criteria outlined in the Section’s bylaws. For further information and instructions, please visit the following links: https://www.montanabar.org/Store/product-info/ productcd/PARALEGALSECTIONAPP We’ve really enjoyed connecting with many of you at our CLEs and luncheons in Great Falls and Billings, and we’re excited to keep the momentum going! Here are the upcoming CLE opportunities we have planned: · September 12, 2025 – Annual Meeting in Helena This year, all of our events are free to attend and open to both Paralegal Section members and the wider legal commu nity. We’d love for you to bring a friend or colleague—it’s a great way to introduce them to what the Section is all about! These gatherings offer a fantastic opportunity to network, share your thoughts on Section activities, and connect with https://www.montanabar.org/About-Us/ Sections-and-Committees/Paralegal-Section Upcoming CLE Opportunities

AUGUST-SEPTEMBER 2025

7

WWW.MONTANABAR.ORG

PRO BONO CHRONICLES

A Summary of Recent Findings from the State Bar’s Task Force Report

In June 2025, the State Bar of Montana’s Task Force on the Future of the Bar released a comprehensive report exploring how legal services are being delivered across the state—and where those services are falling short. The report, prepared by a subcommittee that included represen tatives from the judiciary, Court Administrator, University of Montana School of Law, and Montana Legal Services Association (MLSA), focuses on access to justice, particu larly in rural and tribal communities, and highlights new approaches being explored in other states and by MLSA. Here’s a breakdown of what the report found and what it suggests for the future of legal services in Montana. The Core Problem: A Widening Justice Gap Montana’s legal system is experiencing an acute short age of attorneys, especially in rural areas. The report notes that out of Montana’s 56 counties, 26 have five or fewer lawyers. In some counties—like Golden Valley, Meagher, and Petroleum—there are no resident attorneys at all. This scarcity has serious consequences. In civil and fam ily law cases, over 70% involve at least one self-represented party. In eviction and debt collection matters, that number jumps to over 90%. Low-income Montanans face even greater challenges, with 9 out of 10 not receiving the legal help they need. MLSA, the state’s primary civil legal aid provider, is overwhelmed. In 2023 alone, MLSA received more than 9,400 requests for help but could only handle about half. Over half of these requests came from rural counties. New Approaches: Who Else Can Help? The report outlines a few key developments in how other jurisdictions—and Montana itself—are responding to these challenges. Community Justice Workers (CJWs) Community Justice Workers are trained community members—not lawyers—who assist individuals with spe cific legal needs. These can include help with: • Public benefits applications (e.g., SNAP) • Unemployment advocacy • Tenant representation in eviction cases • Debt collection defense • Domestic violence protection orders MLSA is developing a pilot program that would train CJWs to assist with orders of protection in justice and city courts. The idea is that CJWs can help with document preparation, provide basic legal guidance, and accompany clients to hearings. All CJWs would be supervised by MLSA and serve clients at no charge.

Other states, including Alaska, Utah, and Delaware, have implemented similar programs to expand access to legal support. The report points out that non-lawyer repre sentation is already common in some federal administra tive proceedings and has precedent in other legal contexts. The Role of Artificial Intelligence In addition to human support, the report explores the potential role of artificial intelligence (AI) in closing the justice gap. AI tools are being used in several innovative ways: • Form generation: AI can customize court forms for self-represented litigants, reducing errors and stream lining the filing process. • Chatbots: These can help draft letters or pleadings based on guided user input. • Translation: AI offers real-time language transla tion and transcription, which could improve access for non-English speakers. • Education tools: AI-generated presentations, vid eos, and handouts can help explain complex legal concepts in plain language. • Research assistance: Tools from major providers like Westlaw and Lexis+ are enhancing natural-language legal research. While the report acknowledges the promise of AI, it also points out key challenges—such as cost, client confidential ity, and the need for human oversight. Ethical use of AI is expected to be a growing topic, and a CLE on the subject is scheduled for Fall 2025 at the University of Montana School of Law. Access in Tribal Communities Montana is home to seven Native American reserva tions with their own sovereign tribal court systems. The report recognizes the distinct challenges these communities face but notes that more outreach and collaboration are still needed to fully assess access to justice on tribal lands. Further work is planned in this area by the Subcommittee. Recommendations and Next Steps The report includes several recommendations for how to move forward: 1. Pilot Project: Launch a CJW pilot focused on do mestic violence protection orders. 2. Advisory Group: Form a working group that in cludes judges, attorneys, advocates, and survivors. 3. Rule Updates: Revisit procedural rules that may

8

WWW.MONTANABAR.ORG

MONTANA LAWYER

Final Thoughts The Subcommittee’s report offers a clear-eyed look at the legal landscape in Montana—and the limitations of a system that relies solely on traditional legal models. As the legal profession continues to evolve, these new approaches aim to ensure that all Montanans, regardless of geography or income, have meaningful access to justice. For those interested in reading the full report or getting involved with the pilot projects, resources and contact infor mation are available through the State Bar and MLSA.

limit the role of CJWs. 4. evaluation system for CJWs. 5. report issues or concerns. 6. tion and housing cases. 7.

Training and Oversight: Develop a certification and

Grievance Process: Set up a method for clients to

Expand Scope: Explore using CJWs in debt collec

AI Ethics and Research: Continue studying the use

of AI in legal services and its ethical implications.

LAWYER ASSISTANCE PROGRAM STATE BAR OF MONTANA

Stress? Anxiety? Depression? Substance abuse or gambling addiction? You don’t have to go it alone.

24-HOUR HOTLINE 406-660-1181 WWW.MONTANABAR.ORG/PAGE/LAP

8

AUGUST-SEPTEMBER 2025 WWW.MONTANABAR.ORG NOVEMBER 2018

WWW.MONTANABAR.ORG MONTANA LAWYER

9

25

WWW.MONTANABAR.ORG

Breaching the Bar: How Private Practitioners Can Fall Prey to Classic Scams GREGORY MCDONNELL FOR YOUR REFERENCE

documents provided by the potential client, the attorney determines that the potential client has a valid promissory note, now in default, entitling them to $985,000.00, plus interest. The potential client sends the attorney comprehensive scanned instru ments, complete with detailed terms, signatures, and every other contractual element a law school contracts professor could demand. The potential client also provides the attorney with their out-of-state address, telephone number with an area code coinciding with that address, their email address, and contact information for the debtor. The debtor resides locally, ensuring proper venue for any subsequent suit to collect on the note. The attorney prepares a written attorney-client agreement and requests a retainer. After a week or so, the client returns the signed agreement via email, and the attorney awaits payment of the retainer. Meanwhile, as the retainer funds remain delinquent, the client emails the debtor, cc’ing the attorney, and demands payment be made directly to their new attorney. The debtor begs not to be sued and guarantees to make good on the promissory note. The debtor then contacts the attorney directly and pleads for “a couple days” to assemble the funds. The attorney agrees, and it seems that this issue just might resolve with mini mal work from the attorney.

Governor Greg Gianforte recently signed Senate Bill 426 into law, marking a major oveThe legal practice is loaded with high-stakes situations, tight deadlines, de manding clients, long and irregular hours, and significant emotion toll. On top of this, maintaining a private practice includes more than effective representation in the face of so many challenges. Private practice also requires that an attorney successfully operate a small business by managing employees, developing strategies, market ing their services, adapting to evolving information technology, and mastering accounting. These two intersecting under takings require constant vigilance. Private practitioners must simultaneously practice while protecting their firms from risks shared with other types of small businesses, such as computer viruses, phishing scams, ransomware, and those specific to legal practice. Lawyers should constantly scru tinize the situations they face, analyze the available data, and make strategic decisions based on an informed analysis or poten tially fall victim to practice ending scams. Take for example the following sce nario: An attorney receives a cold call from a potential client regarding a much needed “collection” that has been going on for years, and they’ve finally decided to enlist legal services. After the attorney has a short discussion with the potential client, exchanges a few emails, and reviews the

Greg McDonnell was born

in Missoula and grew up in Lynnwood, Washington. A

veteran of two combat deploy ments to Iraq, he served in both the U.S. Army Infantry and the Montana Army National Guard. Greg earned his J.D. and M.B.A. from the University of Montana and began his legal career with Datsopoulos, MacDonald & Lind, P.C. In 2021, he co-founded Orr McDonnell Law, PLLC, where he practices in torts, contracts, real estate, small business, and family law, while continuing to serve as a Judge Advocate in the Montana Army National Guard.

Women’s Law Section CLE: October 10, 2025 Chico Hot Springs, Pray Montana Pending Approval for 6 hours of CLE credit, including 1 hour of ethics credit

Scan the QR code for more information

10 MONTANA LAWYER

WWW.MONTANABAR.ORG

However, the client has still not paid the retainer. The attorney contacts the client, but unfortunately the client is on a business trip abroad and cannot make the transfer until they return - but promises to send funds within a week. As is the attorney’s general practice, they mail a copy of the executed attorney-client agreement to the client with a welcome letter. While the attorney awaits payment of the retainer, the debtor suddenly sends an email informing them that a check for partial payment is in the mail. The attorney con tacts the client to provide an update, noting that payment of that size is rarely transferred via paper check. The attorney requests wiring instructions from the client. The client instructs the attorney to deposit the check into their trust account for now and have the debtor wire the remainder after the check clears. A few days later, a check for partial payment of $897,000.00 arrives at the attorney’s office in a large certified-mail envelope postmarked in Atlanta, Georgia. The debtor, who tracked the check, immediately demands a receipt for the partial payment from the attorney. They oblige the debtor, but slowly, in the recesses of their mind, doubt begins to creep in. Why was this so easy? They ask themselves. After two years of defaulting on a near million dollar debt, why is the debtor now so eager to send payment without so much as a demand letter? The attorney takes a second look at the check be fore heading to the bank and notices that the payor is a Canadian bank. The check does not contain any water marks or holograms. However, it does have microprinting, a padlock icon, and a security screen. The attorney has never seen a check from a Canadian bank. “Maybe this is what Canadian checks look like?” The attorney thinks to themselves. It looks like a check, it feels like a check, and it smells like a check. Therefore, it’s a check and it’s safe to deposit into trust, right? Perhaps it needs a few extra days to clear? The attorney begins to consider the other data they have. The client is using a Gmail account. The debtor, a Hotmail account. Both use the same font and style of communica tion in their email communications. Public records indicate the client’s address is deeded to someone with a very similar name, only one letter difference that could be explained as a typo. Public records also show that the debtor’s name is listed at the provided address. This doesn’t explain the Atlanta postmark. The attorney determines that they need some expert advice on how to determine if the check is safe to deposit into their trust account. But who do they call? This scenario happened to me recently, and I was glad to have Brandon Dwyer, Vice President, Stockman Bank Branch Manager, available to provide me with the guidance I needed. After we had a brief phone call and I sent an email with an image of the check to Brandon, he and his team

quickly went to work. Within minutes they were able to determine that the check was likely fraudulent. Brandon says that “good counterfeiters are hard to catch, and luckily for us, most counterfeiters aren’t that good and give us plenty of clues to what they are up to.” His bank tellers are taught “to put their eyes in the places that matter on a check” and right away they can often flesh out a fraudulent check. Here are some common warning signs that a check may be fraudulent provided by Brandon: • A check that does not have a MICR (Magnetic Ink Character Recognition) line at the bottom of the draft. o The account number on a check and the routing number are typically printed with magnetic ink as opposed to standard printer ink. o MICR ink is dull and legitimate printing produces numbers that are flat on paper. It should not be shiny or feel raised. • A routing code in the MICR Line of the check that does not match the address of the drawee financial institution. o This is very common: routing numbers are easy to Google search and the results are usually accu rate. This is a quick way to confirm if the check in front of you doesn’t quite feel right. • A check on which the name and address of the drawee institution is typed, rather than printed (check for spelling errors there too!). o A legitimate check isn’t going to have a “non-branded” logo or institution name typed onto a check, but a fraudulent will. • A check that does not have a printed drawer name or address. o Another reason to pull up Google, even if the check has an address on it, if there is any reason to think it is not quite right, make sure that the institution name matches the address. • A check with a signature line that includes the title of the signatory. o You will commonly see a fraudster “sign” something like “Brandon Dwyer – CEO” when in reality no one adds their title to the signatory line. o They may also say “approved for pay ment” or “approved.” These are almost always frauds. • Foreign Checks. o If you are not knowingly doing business with a foreign citizen or company, a foreign check is a com mon way for fraudsters to confuse you with “international banking” to get you to do their bidding. • The back of the check has no printing on it (no place to sign, no watermark, no official bank language, etc.)

AUGUST-SEPTEMBER 2025

11

WWW.MONTANABAR.ORG

12 MONTANA LAWYER

WWW.MONTANABAR.ORG

o This is common when fraudsters copy an image of a stolen check as they may just have one side of the original check. o The back of the check may contain informa tion that does not match the front. • A personal check that does not have a perforated edge at the top. o Believe it or not, those little ridges that often make us nervous when we are peeling a check out of our checkbook also are a security feature. • A check that shows obvious signs of being altered o Not much explanation here, sometimes fraudsters are lazy and think that a bank won’t notice. • A check drawn on a new account (maybe from a counter check) or has no or low number sequence and a large dollar amount. o New accounts generally have a hold placed on funds (generally 5-10 business days for new customers opening new accounts). o Fraudsters have generally caught onto the fact that high dollar amounts on low numbered checks are less likely to be accepted by financial institutions, but it is still a good identifier of a fraudulent check. • A signature that is irregular looking or shaky, or shows some irregular gaps in the signature line. • A check printed on paper that is slippery or high gloss. o In general, checks which are printed on high gloss paper are easier to “wash” as the ink will come off glossy paper. Compare with real check paper where the ink is “drilled” into the surface allowing the ink to penetrate the paper. • Colors that smear with a moistened finger. o Quick, easy, and effective check. • Checks payable to a corporation that are presented for cashing by an individual. o This would be an uncommon exception for this scenario to be legitimate. • Corporate or government checks which show numbers that do not match print style (font) of the rest of the check. o Fonts or type styles on legitimate checks are generally consistent, to have one element of a check with an inconsistent font would be a major red flag. • Checks which are presented with urgency are often an attempt to bypass procedure. o This is what we teach tellers, but as business owners and consumers we can also take something away from this. It is very rare that cashing a check or depositing a check has to be done RIGHT NOW. There are exceptions of course,

however if you are being pressured into receiving payment and turning payment around quickly something could be up. • Checks that have dollar amounts and written dollar amounts that do not match. o For example, the dollar amount is $25,000 but the written words of the check reads “two thousand five hundred dollars.” This may be obvious, but it is easy to look for. • Payroll checks made out to an even dollar amount. • General Security Features that appear missing. o Water marks o Edge detailing • Misalignment of signatory lines or otherwise untidy arrangements on face of check. o This can be as simple as the remitter line be ing too far indented when compared to the signature line. • Last but not least, if you have done very little in order to receive a check from someone and there is often a “car rot” of having to send some of the money back… it is fraud. Fraudsters are terrific social engineers and know that people like getting something for nothing (or very little). After consulting with Brandon, I chose not to deposit the check. I reached out to the debtor and requested a second ary method of payment. Not surprisingly, that request was rejected and the client demanded that I deposit the check. Eventually, the correspondence I mailed to the “client” arrived at the address they provided to me, but was in fact deeded to someone else with a very similar name. The simi larly named person forwarded my letter and dozens of others to the Federal Bureau of Investigation who later contacted me regarding the scam. The Special Agent running that investiga tion noted that many lawyers from across the country had already fallen for that particular trust deposit scam. Had I not listened to my doubts and been blinded by con fidence; I too could have fallen for this scam. Instead, I was willing to question the information before me and was for tunate to have an amazing resource like Brandon available to help. Had I ignored my doubts, I could have issued payment from my Trust account to the “client” containing the very real funds of my actual clients. A very costly violation of Montana Rule of Professional Conduct 1.15. To protect our businesses, we must use our lawyer skills to analyze situations like these and make objective business decisions based on the information before us. Additionally, lawyers must build relationships with other professionals, especially our Montana bankers, so that they can utilize those relationships when exceptional situations occur that test the limits of an attorney’s knowledge and experience. Special thanks to Brandon for his professional assistance and his willingness to provide these tips for all Montana lawyers!

AUGUST-SEPTEMBER 2025

13

WWW.MONTANABAR.ORG

AWARD WINNERS

Celebrating Excellence: 2025 State Bar of Montana Award Recipients

The State Bar of Montana has announced the recipients of its 2025 Annual Awards, honoring attorneys and jurists whose contributions to the law, public service, and the legal profes sion exemplify the highest standards of excellence. The awards, selected each year by the Bar’s Past Presidents Committee, will be formally presented during the 2025 State Bar of Montana Annual Meeting.

This year’s honorees represent a breadth of service — from the bench to public leadership to innovative pro bono advocacy. “ These awards reflect the very best of our profession, ” said Toni Tease, President, State Bar of Montana. “ From courtroom leadership to pro bono and public service, each nominee embod ies the values of professionalism, service, and integrity that strengthen both our Bar and the communities we serve. ” believed the court completed its overall workload in a timely manner. “ He brought a wealth of experience in the law to the position of Chief Justice, and all Montanans are better for it ,” recalls colleague Justice Jim Rice. “ His years in the trial trenches — including cases he and I tried against each other over 40 years ago — gave him an on-the-ground understanding of how laws and the judicial system were designed to work, which led him to render practical interpretations that improved the process. ” McGrath also advocated for continued funding for addi tional district court judgeships to address Montana’s growing caseloads and worked with the Legislature to secure resources for courthouse security. McGrath was also a mentor to many lawyers during his years in public service. Two of his former state solicitors, Brian Morris and Anthony Johnstone, have gone on to serve on the federal trial and appellate benches, while others hold key roles across state and local government. “ If I’ve learned anything over the past 50 years, it’s that we are in difficult times right now, ” McGrath said. “ It’s important for the legal profession to continue to maintain the highest degrees of professionalism and integrity.” McGrath is the second Montana Supreme Court justice to win the Jameson Award, joining the late Hon. John C. “Skeff” Sheehy.

William J. Jameson Award – Mike McGrath

The Bar’s most prestigious honor, the William J. Jameson Award, will be pre sented to former Montana Supreme Court Chief Justice Mike McGrath. Throughout his career — as Lewis & Clark County Attorney, Montana Attorney General, and Chief Justice — McGrath consistently championed access to the courts and, as chief justice, implemented measures to make the judiciary more efficient.

Jameson and McGrath not only share their time on the bench as career hallmarks, but also similar roots in Butte. While Jameson attended the University of Montana School of Law and McGrath earned his J.D. at Gonzaga University, each received the Gonzaga Law Medal — Jameson in 1970 and McGrath in 2021. Early in his career, McGrath served as a Reginald Heber Smith Community Lawyer Fellow in Reno, Nevada, where he worked directly in legal aid, providing services to underserved communities in a classic access-to-justice role. When McGrath joined the Supreme Court in 2008, fol lowing eight years as Montana’s attorney general, he intro duced performance measures to reduce backlogs and improve transparency, including a court-user satisfaction survey. The most recent poll, conducted between 2022 and 2024 — his final years as chief — found that 87% of respondents strongly agreed or agreed with the court’s performance, and 89%

14 MONTANA LAWYER

WWW.MONTANABAR.ORG

AUGUST-SEPTEMBER 2025

15

WWW.MONTANABAR.ORG

George L. Bouslimann Professionalism Award – Lt. Governor Kristen Juras

This year’s George L. Bouslimann Professionalism Award will be presented to Lieutenant Governor Kristen Juras, whose career as a lawyer, law profes sor, and now statewide elected official reflects the highest ideals of profession alism. The award is named for longtime

also instrumental in developing the Montana Law Seminar, served as a bar exam grader, and frequently presented CLEs at State Bar events. In addition, she taught law at the University of Montana. Dean Elaine Gagliardi, who taught alongside Juras, observed: “Throughout her career, Lt. Gov. Juras has demon strated a deep commitment to the rule of law and to improv ing the legal system. She was a beloved law professor and, by example, inspired a generation of law students to be excellent lawyers and devote time to providing pro bono services.” Juras is currently serving her second term as Montana’s lieutenant governor.

State Bar executive director George Bouslimann. Juras has long been active in bar service, notably through the BETTR Section, where she was a key contribu tor to the significant 2019 rewrite of the Montana Business Corporation Act and many other legislative efforts. She was

Karla M. Gray Equal Justice Award – Judge Jessica Fehr (Billings)

The legacy of former Chief Justice Karla Gray in promoting access to justice is reflected in this year’s recipi ent of the Karla M. Gray Equal Justice Award: Judge Jessica Fehr of Billings. Nominations for the award are submit ted to the State Bar by the Montana

Since joining the bench in 2018, Judge Fehr has been a steadfast advocate for ensuring that all Montanans, regard less of their circumstances, have access to fair and impartial justice. She also leads a successful treatment court in the Thirteenth Judicial District, providing a critical second chance for individuals navigating the judicial system.

Supreme Court’s Access to Justice Commission.

Neil Haight Pro Bono Award – Mike Talia

The Neil Haight Pro Bono Award celebrates extraordinary contributions to pro bono service. This year’s honoree, Mike Talia of Jackson, Murdo & Grant in Helena, has long exemplified a commitment to helping

those who otherwise could not afford legal representation. Talia helped spearhead Helena’s Order of Protection Project (see related story in the June/July 2025 Montana Lawyer), which connects domestic violence survivors with attorneys.

Frank I. Haswell Writing Award – Molly Considine

Excellence in legal writing for the best con tribution to the Montana Lawyer magazine is recognized with the Frank I. Haswell Award, presented this year to Molly Considine of Patten, Peterman, Bekkedahl & Green, PLLC, in Billings. A past chair of the Bankruptcy

Section and active member of the BETTR Section, Considine was honored for her thoughtful article, “ Representing an Agent Under a Financial Power of Attorney .”

The Past Presidents Committee and the elected leadership of the State Bar extend heartfelt congratulations to each of these distinguished awardees. Their achievements not only honor the traditions of the profession but also inspire the next generation of Montana lawyers.

16 MONTANA LAWYER

WWW.MONTANABAR.ORG

Whispering Through Witness Examinations THOMAS M. O’TOOLE, PH.D & KEVIN R. BOULLY, PH.D JURY ECONOMICS

Test this out next time you are around a colleague, friend, or family member. Pick a popular song, something every person knows, and tap it out in front of them. Ask them to guess the song based on the tapping alone. Don’t hum or give other clues. How often would you expect them to get it right? Chances are they will guess wrong, at least that is what Elizabeth Newton found in her famous study. Hundreds of study participants tapped out popular and well-known songs and the listeners correctly guessed the song only 2.5% of the time. The more fascinating finding is, after selecting a song, the tappers guessed the listeners would guess correctly roughly half the time. While this study may seem silly, it highlights a fundamen tal communication problem that is magnified in jury trials. Tappers are quick to assume listeners will correctly identify the songs (at least half the time) because they can hear the song in their head as they tap. It seems obvious. But listeners cannot hear the song in the tapper’s head. All they hear is tapping. This is precisely what can happen with trial lawyers and jurors. By the time a case reaches a courtroom, lawyers have been working for months if not years on their song. They know the case inside and out and know why every fact or admission is relevant. The result is that lawyers too often overestimate how obvious it is to jurors why something is important or what it even means. Instead, they tap, assuming the song is obvious. Trial is one of the only ‘games’ in our society where the players (i.e. the jurors) are not told the most important rules until the game is almost over. We see a common variation of this problem related to the structure of the lawyer’s case theory. What is so often for gotten about at trial is the core structure of the argument or case theory. All arguments have structure, but too often that structure is assumed rather than clearly stated. It may be that attorneys, due to their education and experience, and much like the tappers in the study, are quick to assume it is obvious how everything fits together and why their argument means jurors should render a verdict in favor of their client, but this tends to

be wishful thinking. Courtroom logic is very different from lay person logic. Some attorneys may be quick to assume the logic of the argument is apparent regardless of whether one is trained in the law, but this is often not the case. Instead, overwhelmed jurors resort simply to what feels right without ever thinking critically about the structure of the process that led to that feel ing. They overlook key legal elements like proximate cause, or the elevated burden of proof that comes with certain types of claims. This is only compounded by the fact that most judges will wait until the end of trial to instruct jurors on the claims of the case, offering very limited pre-instructions before the trial begins. Trial is one of the only “games” in our society where the players (i.e. the jurors) are not told the most important rules until the game is almost over. What jurors so often need most is what they are typically given the least of at trial: a structure for how to think about the case. Attorneys are limited in how they go about dealing with this problem, but direct and cross examination offer an oppor tunity for the attorney asking the questions to “whisper” that structure to jurors. In this column, we discuss how attorneys can quietly communicate structure to help jurors follow key testimony. Here are four goals attorneys should adopt for their examinations of witnesses at trial. Prime jurors to focus on the key legal factors. Many years ago, we conducted a shadow jury in a lengthy trial where the key claim in the case involved a seven-factor test. We knew from our mock trial research that it was favorable to our client if jurors focused on the seven factors, but if they adopted a gut feeling approach to the case rather than focusing on the legal factors, it was not going to go well. After the first week of the trial, it was apparent from the shadow juror feedback that the seven factors were getting lost in the mix, which was obvi ously a problem for our client. We had highlighted them in our opening statement, but it had been three days packed full of What jurors so often need most is what they are typically given the least of at trial: a structure for how to think about the case. 1.

73 RD ANNUAL

October 24-25, 2025

AUGUST-SEPTEMBER 2025

17

WWW.MONTANABAR.ORG