Montana Lawyer August/September 2025

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

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