Montana Lawyer October/November 2025

OCT./NOV. 2025 VOL. 50 | ISS. 5

Ask Karla: Pro Bono Made Easy

Community Justice Workers: Utilizing the Boots on the Ground to Fill the Justice Gap New Data on Jurors and Proximate Cause Also Inside:

Do You Have A Client Who Needs Federal Criminal Representation In Montana Or Anywhere In The Country? Consider Attorney Mark J. O’Brien, A Member Of The Montana Bar And All Montana Federal Courts. Mark is also a licensed member of the Bar of the State of Florida and the Bar of the Commonwealth of Massachusetts. Mark is permitted to practice law or has practiced law as a member or a pro hac vice member of the following federal courts: Supreme Court of the United States of America, the United States Court of Appeals for the First Circuit, the United States Court of Appeals for the Second Circuit, the United States Court of Appeals for the Ninth Circuit, the United States Court of Appeals for the Eleventh Circuit, the United States District Court for the Northern District of Alabama, the United States District Court for the Eastern District of Arkansas, the United States District Court for the Central District of California, the United States District Court for Connecticut, the United States District Court for the Southern District of Florida, the United States Dis trict Court for the Middle District of Florida, the United States District Court for the Northern District of Florida, the United States District Court for the Southern District of Georgia, the United States District Court for the Middle District of Georgia, the United States District Court for the Northern District of Georgia, the United States District Court for the Southern District of Illinois, the United States District Court for the Southern District of Indiana, the United States District Court for Kansas, the United States District Court for the Eastern District of Kentucky, the United States District Court for Massachusetts, the United States District Court for the Eastern District of Michigan, the United States District Court for the Western District of Michigan, United States District Court for the Southern District of Mississippi, the United States District Court for the Western District of Missouri, the United States District Court for Montana, the United States District Court for the Southern District of New York, the United States District Court for the Northern District of New York, the United States District Court for North Dako ta, the United States District Court for Northern District of Oklahoma, the United States District Court for Rhode Island, the United States District Court for the Eastern District of Texas, the United States District Court for the Western District of Texas, the United States District Court for the Northern Dis trict of Texas, the United States District Court for the Eastern District of Virginia, the United States District Court for the Eastern District of Washington, the United States District Court for the West ern District of Washington, the United States District Court for the Southern District of West Virginia. Mark is former Miami prosecutor with a team of former DEA IRS CID USPO federal agents.

Referral Fees In Accordance With The Montana Bar. Call/Text: (406) 420-6661 | e: mjo@markjobrien.com

OCTOBER/NOVEMBER 2025 VOL. 50 ISS. 5

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 nonmembers are available for $50 per year. Ad rates and subscription information are available by emailing montanalawyer@mon tanabar.org. Statements and expressions of opinion ap pearing 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 Aislinn W. Brown, Helena President-Elect Albert “Rich” Batterman, Baker Secretary-Treasurer Erica R. Grinde, Missoula Immediate Past President Antoinette “Toni” Tease, Billings 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 Beth A. Carmain, Miles City Area F

Ask Karla: Pro Bono Made Easy

New Data on Jurors and Proximate Cause 10 With Montana’s civil legal needs far outpacing available resources, Ask Karla offers a simple, flexible way for attorneys to give back—without taking on a full case. Developed by the Montana Legal Services Association, the platform allows lawyers to anonymously answer civil legal ques tions from low-income Montanans anytime, anywhere. Whether it’s a 30-minute landlord-ten ant issue or a quick family law question, every response helps close the justice gap. Learn how Ask Karla makes pro bono work accessible, secure, and impact ful for Montana’s busy attorneys.

Community Justice Workers: Utilizing the Boots on the Ground to Fill the Justice Gap MISCELLANY 4 PRESIDENT’S MESSAGE 6 MEMBER NEWS 8 PARALEGAL SECTION 19 TECH TIPS

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Craig D. Charlton, Helena Anna M. Kecskes, Helena Deanna L. Rothwell, 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 Lawyers’ Division ) Matt Thiel, Missoula (Statewide Delegate) Tucker Gannett, Billings (State Bar Delegate)

20 ISK MANAGEMENT 22 COURT NEWS 25 IN MEMORIAM 26 JOBS/CLASSIFIEDS

PRESIDENT’S MESSAGE Building Bridges Between the Bar and the Public

Chamber of Commerce Foundation study sam pling registered voters across the country found that more than 70% failed a basic civic literacy quiz, including questions on the three branches of government and U.S. Supreme Court make up. 4 When lawyers engage and connect with the public, we help to further public understanding of the work we do. The preamble’s emphasis on lawyers’ role in “further[ing] the public’s un derstanding of and confidence in the rule of law and the justice system” aligns with the very first commitment attorneys make to be admitted to the Montana Bar: to “support the Constitution of the United States and the Constitution of the State of Montana.” Next year is the 250th anniversary of the United States Declaration of Independence. What better time to take up our mantle as public citizens and promote public understanding of our founding documents and the justice system they protect? The State Bar has already done great work to that end, through programs like Citizens Law School and high school mock trial. Over the next year, I look forward to continu ing that work by helping grow our mock trial program, revamping Law Day, and planning visits with local bar associations across the state. I hope to see you at one of these events. 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. https://www.montanabar.org/Portals/ MONTANA/Regina/Website/10%2013%20 25%20Draft%20State%20Bar%20MT%20 Annual%20Report%20(1).pdf 4 https://www.uschamberfoundation.org/ civics/new-study-finds-alarming-lack-of-civic literacy-among-americans getDocByCTrackId?DocId=192242 2 https://www.montanabar. org/For-Attorneys/Ethics-Resources/ Professional-Conduct 3 Endnotes 1 https://juddocumentservice.mt.gov/

“A lawyer, as a member of the legal profession, is . . . a public citizen having special responsibility for the quality of justice.” Montana Rules of Professional Conduct Preamble, Section 2 “[A] lawyer should cultivate knowledge of the law beyond its use for clients, employ that knowl edge in reform of the law and work to strengthen legal education . . . [A] lawyer should further the public’s understanding of and confidence in the rule of law and the justice system because legal institutions in a constitutional democracy depend on popular participation and support to maintain their authority.” Montana Rules of Professional Conduct Preamble, Section 7 In welcoming the newest class of Montana lawyers this fall, I had the opportunity to revisit the Oath of Admission 1 and the preamble to the Montana Rules of Professional Conduct, 2 including the sections quoted above. The theme of lawyers as public citizens appears throughout the preamble, but these sections struck me as reflective of the broader conversation our bar, and bars across the country, have been engaging in as we face new challenges. An overarching theme to these conversations is improving pub lic perception of attorneys and the work we do. I was honored to take on the role of State Bar president at the end of our annual meet ing in September. If you were able to attend, you got a glimpse of the future of the bar and priorities in the next biennium. Our strategic plan, adopted this Spring, reflects the national conversation of how to ensure attorneys are meeting the needs of the public and promoting trust in the profession. 3 The four priorities your trustees identified for the next biennium are: (1) Member Education and Engagement; (2) Operational Continuity and Enhancement; (3) Communication and Outreach; and (4) Access to Justice. Underlying much of our conversation in de ciding on these priorities was the important role lawyers have as public citizens. A recent U.S.

Aislinn Brown is the Chief Legal Counsel for the Montana Office of Public Instruction. Before joining OPI, she served as Bureau Chief of the Agency Legal Services Bureau at the Montana Department of Justice, where she pro vided legal advice to state agencies and boards and represented them in state and federal court. She cur rently serves as President of the State Bar of Montana.

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NREEL Section News AUBREY BERTRAM

The student organizers executed a fantastic day of thought provoking speakers, including keynote addresses from former Director of the Bureau of Land Management and current President of The Wilderness Society, Tracy Stone-Manning, and current Chief of the Forest Service, Tom Scholtz. We look forward to continuing this partnership with the Public Land and Resources Law Review in the future, alternating years at the law school between our section's CLE event and the conference. Finally, we would love section members to join the board of directors for all positions serving 2024-2026 terms. All current section board members will term out of our current positions in 2026. The board generally meets once a month on the third Monday from 12:00 to 1:00 p.m. Our next meeting, however, will be on January 12th. If you are interested in joining the board, would like more information, or would like to join our January meeting, please get in touch with section co-chairs Hallee Frandsen hallee@bkbh.com or Aubrey Bertram aber tram@wildmontana.org.

At the end of 2024, the Board of Trustees approved our sec tion's request to increase our annual dues from $10 to $25, rep resenting the section's first dues increase since its establishment over 30 years ago. The new amount is commensurate with the annual dues for other Montana Bar sections, and the increased revenue enables us to better cover the costs of our yearly activi ties, such as CLE events and law school scholarships. We held our annual CLE in September 2024 at the law school and hosted an excellent panel discussion featuring liti gators representing both sides in Held v. Montana. Following the Montana Supreme Court's release of its final opinion in December, we hosted a follow-up panel CLE in April to discuss the outcome and the case's implications for litigation involv ing a gas-fired power plant. Both panels showcased thoughtful, intellectual conversations between the opposing sides, demon strating true professionalism and respect that embody the best of our profession. This fall, we had the great pleasure of partnering with the biannual Public Land Law Conference at the law school.

Parsons Behle & Latimer Welcomes Attorney Sawyer Connelly

Parsons Behle & Latimer is pleased to announce that associate attorney Sawyer Connelly has joined the firm’s Missoula office. Sawyer is a member of the firm’s energy, environmental and natural resources practice. He leverages his background in environmental science and public lands policy to help clients find comprehensive and cost-effective solutions to complex legal issues. Learn more about Sawyer at parsonsbehle.com .

127 E. Main Street, Suite 301 | Missoula, Montana 59802 | 406.317.7220 A Different LEGAL PERSPECTIVE

I DAHO • MONT ANA • NE VADA • UT AH • WYOM I NG • PARSONSBEHLE.COM

OCTOBER-NOVEMBER 2025

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SECTION & MEMBER NEWS

CAREER MOVES

2025, graduating Cum Laude. During law school, John interned and gained valuable experience at Cooney Law Offices, P.S., a general practice firm specializing in personal injury and crimi nal defense matters. John’s practice areas will include representing individuals in insurance, personal injury and wrongful death matters, and those criminally charged in misdemeanor and felony criminal matters. When not practicing law, John enjoys spending time outdoors, fly fishing or backpacking, spending time with family and friends and his black labs Harley and Otis, and competing in billiards tournaments.

Davis, Hately, Haffeman, & Tighe announces that Eric D. Monroe has joined the firm as an associate attorney. Eric received his B.S. from the University of Montana in 2012 and earned his J.D. from the University of Montana School of Law in 2023. During law school, Eric served as

Editor-in-Chief of the Montana Law Review and was a member of the school’s negotiation team. After graduating, he complet ed a clerkship with the Honorable Justice Laurie McKinnon at the Montana Supreme Court. He then gained valuable experi ence practicing criminal defense and civil litigation in both state and federal courts before joining the firm. A Great Falls native, Eric is excited to join a firm with deep roots in Great Falls and throughout Montana. He is admitted to practice in Montana state courts, the U.S. District Court for the District of Montana, and the U.S. Court of Appeals for the Ninth Circuit.

Shyne Law Group, PLLC announces that Attorney Melanie D’Isidoro has joined the firm.

Melanie grew up on the highline in Cut Bank. She attended New Mexico State University, then the University of Montana School of Law.

After graduation, she clerked for the Honorable Judge Laurie MacKinnon at the Montana Supreme Court and then for the Honorable Judge Reynolds at the First Judicial District Court. Melanie then joined the public de fender’s office in Hamilton, Montana, where she discovered her love for the courtroom. Since that time, Melanie has practiced courtroom litigation in various areas, including major crimes, divorce, dependency and neglect cases, juvenile defense, and guardianships. She was voted Bitterroot’s Best Attorney in 2021. Melanie previously worked as the Prosecuting Attorney for Stevensville, Montana. Melanie has sat on the board for the First Judicial Bar, the board for the Ravalli Head Start, volunteered with SAFE in the Bitterroot, and was the vice president of the Ravalli County Bar. Melaine is currently on the board of Befrienders of Bozeman. Melanie enjoys birding, spending time with her dogs Doodle Bug & Mr. Reynolds; and reading sci-fi and horror.

Worden Thane P.C. welcomes Ryan Shaffer.

Ryan has extensive experience with all stages of litigation from initial case evalu ation through the post-trial phase. He has established a record of success in high stakes cases involving Fortune 500 com panies, significant damages, and complex factual and legal issues. Ryan has prepared

and tried cases to administrative agencies, judges, and juries in state and federal courts. He has also won important victories for clients in state and federal appellate courts. Ryan has worked closely with in-house counsel and business executives to ensure alignment of business objectives, risk tolerance, and litigation strategy. Ryan is admitted to practice in Montana, Wyoming, and North Dakota, in addition to the Eighth and Ninth Circuit Court of Appeals. Hinchey & Hinchey, P.C. Welcomes John Hinchey. Kalispell-based personal injury and criminal defense firm Hinchey & Hinchey welcomes John Hinchey as a new Associate. Born and raised in Kalispell, John pos

Silverman Law Office welcomes Ivy Newman Fredrickson to the Butte office. Silverman Law Office of

ficially opened its Butte office on Oct. 1, expanding its full range of transactional and litigation services to the Mining City and surrounding area. The new office allows the firm to better serve its many existing clients in Butte Silver Bow while welcoming new clients from across the region. The office is led by attorney Ivy Newman

sesses keen legal intellect and demonstrates meticulous attention to detail, as well as an unwavering commitment to excellence, serving individuals in both civil and crimi

nal litigation matters. John earned his bachelor’s degree in Business Management/ Entrepreneurship from Montana State University, Bozeman in 2022, graduating Summa Cum Laude. He then earned his law degree from Gonzaga University School of Law in Spokane in

Fredrickson, a fifth-generation Butte native who returned home in 2015 after building a successful legal career in Washington,

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D.C., and Portland. With more than a decade of experience, she brings strong legal expertise and continues to serve the community on boards including the Butte-Silver Bow Board of Health and the Superfund Advisory and Redevelopment Trust Authority. Paralegal August Swanson will join Fredrickson in the Butte of fice, bringing more than 20 years of experience across multiple practice areas. The Butte office is located at 3334 Harrison Avenue. For more information or to schedule an appointment, visit mttaxlaw.com or call 406-229-8131.

GUIDELINES FOR SUBMITTING MEMBER NEWS The Montana Lawyer welcomes news from members including announcements of new positions, advance ments, 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 montanalaw yer@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.

Goetz, Geddes & Gardner P.C. announces that Cameron T. Clevidence recently joined the firm. Originally from Kalispell, Cam graduated from Montana

State University in 2013. He earned his law degree from Stanford Law School in 2021, where he served as an Articles Editor for the Stanford Law Review and President of the Environmental Law Journal, and simultaneously earned a master’s degree in Environmental Science from Stanford University. After graduation, Cam clerked

for the Honorable Brian Morris, Chief Judge of the United States District Court for the District of Montana. He recently completed an appellate clerkship with the Honorable Nicole Berner of the United States Court of Appeals for the Fourth Circuit before returning home to Montana to join the Goetz firm. Jardine, Stephenson, Blewett & Weaver, P.C. wel comes Julia Nordlund as an associ ate attorney. Julia (Julie) brings nearly a decade of

experience in water law to the firm, having previously served as a Senior Water Master at the Montana Water Court. In that role, she adjudicated thousands of water right claims and mediated complex disputes across the state. Prior to her time at the

Water Court, Julia clerked for the Honorable Judge Gregory Todd in the Thirteenth Judicial District and worked in private practice representing clients in agriculture. A native of Montana, Julia earned her Bachelor’s degree from Montana State University and her Juris Doctor from the University of Montana School of Law, where she served as Student Bar Association President. When she isn’t working, Julia spends time with her husband and their two daughters on the family ranch. Julia also volun teers as a Court Appointed Special Advocate (CASA).

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PARALEGAL SECTION

was held. There were numerous people who ran for offices this year and it was exciting to see the interest. We hope it continues and would encourage you to throw your name in for a position in the future. Thank you to our outgoing council members for your dedication and service over the past year. We’re excited to welcome the new council and look forward to the year ahead! Your officers for the 2025/2026 year beginning on September 12, 2025 are as follows: Chair: Sabrina Hallsten – BCBSMT / Jackson, Murdo & Grant, PC Vice-Chair: Jenna Moseman – Tarlow, Stonecipher, Weamer & Kelly, PLLC Secretary/Treasurer: Amanda Lewis – The Law Office of Carl B. Jensen, Jr. State Bar Liaison: Alex Miller – Tarlow, Stonecipher, Weamer & Kelly, PLLC Prof. Development Officer: Cassie Zimms – Northwestern Energy MALA Liaison: Christie Pierce – DPHHS Office of Legal Affairs Member-at-Large: Michelle Netzer – Rossbach Law, PC CLE Documentation and Dues Reminders Please take a moment to make sure you have uploaded your annual CLE certification through your State Bar Dashboard. If you experience issues, please reach out to us at the email below. Please also make sure your dues are current for this year. Free CLE s The Section Council has decided to continue to offer free CLEs throughout the State this year. Please watch your emails for dates and locations. There is no cost for the CLEs and they include a casual lunch/meet-and greet. Please plan on attending one or more of these CLEs. Should you have a friend or know somebody interested in the paralegal profession, we welcome and encourage their attendance as well. Become a Member Membership in the Paralegal Section is open to both at torneys and non-attorneys who meet eligibility requirements as outlined in the Section’s Bylaws. Section Officers are elected annually by members and serve on the Council which over sees the Section’s operations in accordance with the State Bar’s Constitution and Bylaws. This is a collaborative group and all are welcome! Let’s Stay Connected You may have seen emails in your inbox from “My Community”. If you have not done so, we encourage you to check it out on your Dashboard through the State Bar’s website. It’s a great place to share information and keep up to date on Council activities. Do you need to reach us? Our email parale galsection@gmail.com is routinely monitored and we are happy to help. Feel free to reach out. Thank you for being a valued and integral part of the legal profession! Watch for a CLE in your area. We look forward to seeing you soon!

Sidebar with the Paralegal Section Being a member of the Paralegal Section of the Montana State Bar isn’t just about CLEs and a certificate of membership. It’s an opportunity to meet new people and collaborate and net work with your peers, all while maintaining excellence in your profession. More importantly, our collective voices can make a difference. Rule 9 Revisions to the Rules of Continuing Education The Paralegal Section had a busy and very productive year. Our struggles regarding CLEs continued into the 2024/2025 year. As you may remember, we were in the process of writ ing letters to the Supreme Court regarding the rule change on how attorneys get credit for presenting CLEs to paralegals and who had the authority to approve paralegal CLEs. Beginning a few years ago, attorneys would not receive CLE credit unless the presentation was geared toward and given to attorneys. We were also experiencing a roadblock when it came to getting our CLEs approved, purportedly for a similar reason. We reached out to our members to encourage the Supreme Court to assist by revising the Rules and you all came through!! Your letters and emails were successful!! On August 26, 2025, the Montana Supreme Court issued an Order In Re the Rules of Continuing Education . This Order revised Rule 9 of the Rules of Continuing Legal Education – Types of Activities that Qualify for Credit. It now includes the following: e. Teaching and preparing written materials for an approved activity or continuing education programs for judges, including limited jurisdiction judges who are not licensed attorneys, paralegals under the supervision of an attorney, or legal paraprofessionals practicing in association with a qualified provider of legal services in Montana as defined in Article I, Section 3(g)(5), of the State Bar of Montana Bylaws. This was an arduous task, but we are certain the collec tive voices of Montana’s paralegals were heard. Thank you for ensuring that Montana’s paralegals continue to receive excel lent continuing education from Montana’s best attorneys and presenters! Our roles in the legal profession are different in so many ways from attorneys – it’s significant that the need for oc casional CLEs tailored toward the paralegal profession has been recognized and will be rewarded. Bylaws Revision The Section proposed a revision to our Bylaws to clean up some older language and encompass the new CLE Rule. The Board of Trustees of the State Bar approved that revision in July 2025. The Paralegal Section Council is now tasked with approving CLEs submitted for compliance by its membership along with yearly audits! So please, remember to turn in those affidavits of continuing legal education. Annual Meeting/New Officers We are fresh from our Annual Meeting on September 12, 2025, in Helena, which was held in conjunction with the State Bar’s annual meeting. In addition to great CLEs with amazing speakers, our Budget was approved, and an election of officers

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MONTANA DEFENSE TRIAL LAWYERS Annual CLE Seminar

November 21, 2025 | 7 CLE credits approved (including 2 ethics credits) Holiday Inn Missoula Downtown, Missoula, Montana A limited block of rooms has been reserved for MDTL program par Ɵ cipants. Call 406.721.8550 and ask for the MDTL room block rate.

For full schedule, course descrip Ɵ ons, speaker bios and addi Ɵ onal informa Ɵ on, visit mdtl.regfox.com/2025-mdtl-annual-cle-seminar

Seminar Schedule

Ignorance is Not bliss: Technical Competency in the Age of AI (1 ethics credit approved) The Hon. Amy Eddy, District Judge, Montana Eleventh Judicial District, Kalispell, MT

8:00 - 9:00 am

Getting Started with AI for Law Firms, and the Ethical Use of AI in Law (1 ethics credit approved) Paul Unger, Affinity Consulting, Atlanta, GA

9:00 - 10:00 am

10:15 - 11:15 am

Microsoft’s Copilot AI Solution—How Can it Help Lawyers Paul Unger, Affinity Consulting, Atlanta, GA

11:15 - 12:15 am

Survey of AI Solutions for Lawyers Paul Unger, Affinity Consulting, Atlanta, GA MDTL Annual Membership Meeting & Elections Lunch on your own if not attending

12:25 -1:30 pm

1:30 - 2:30 pm

2025 Legislative Session in Review Daniel Stusek, ABS Legal, Helena, MT

2:30 - 3:30 pm

Montana Supreme Court Update Chief Justice Cory Swanson, Montana Supreme Court

3:45 - 4:45 pm

Critical Litigation Developments in Montana and How to Get Ahead of Them Randall Colbert, Garlington Lohn Robinson Matthew Hayhurst, Boone Karlberg, P.C., Missoula MT C.J. Johnson, Johnson & Johnson Law, PLLC, Missoula, MT Moderator: Brian Kautz, Richie Manning Kautz, Billings, MT

Register Online at: mdtl.regfox.com/2025-mdtl-annual-cle-seminar

OCTOBER-NOVEMBER 2025

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Ask Karla: Pro Bono Made Easy SUBMITTED BY HANNAH S. CAIL (Senior Tax Counsel for the Montana Department of Revenue and Member of the State Bar’s Justice Initiative Committee) and Linden Howard-Murphy (MLSA’s Legal Education Project Manager). PRO BONO CHRONICLES With Montana's civil legal needs outpacing available resources, AskKarla offers attorneys a flexible way to provide meaningful pro bono assistance without the daunting commitment of traditional full-scope pro bono representation.

The platform’s flexibility extends to the drafting process as well. Draft answers can be saved, so an attorney can start over lunch and finish after that unexpected client call. The typical time commitment could span from 30 minutes for an attorney well-versed in that area of law, to a couple hours to catch up on case law on for those issues you haven’t seen in a while. Answers are delivered to the client through the platform without disclosing the attorney’s identity, so attorneys remain anonymous and can avoid unexpected commitments to follow up questions. Why It Matters in Montana. AskKarla makes legal help accessible statewide, especially in rural areas where community members face barriers to legal services. The platform averaged 65 posted questions per month in the first half of 2025. Typical posted questions include landlord-tenant issues, debt collec tion, family law, and estate planning . Here are few examples: • “I moved to Montana while undergoing chemo therapy. I am now in remission and rebuilding life. A credit union back in California is threatening to garnish my wages. What are my options moving forward so that I may have an informed conversation with them?” • “My landlord is threatening with a rent hike because I am asking him to do the repairs that need done. I live on a res ervation so not sure what my rights are. Can you please help?” • “My spouse and I bought a house when we were dating. We are married now but my name is not on the loan because the interest rate was lower under only his name. Do I have any rights to the house if we divorce?” These are simple questions that have a profound impact for those asking them and would not require more than a lunch hour for an attorney to write up a response. Providing your pro bono hours through AskKarla narrows that gap without

How is it already November? Between client meetings, drafting briefs, and sorting through discovery until your eyes cross, carving out time for a full-scope pro bono case can feel daunting. One-hour advice clinics seem attainable—but yet again you have a calendar conflict. You know Montana’s civil legal gap is real, and you’re aware of your professional re sponsibility under Rule 6.1 to provide 50+ hours of pro bono service annually. But maintaining any semblance of work-life balance often makes that goal seem impossible. That’s where AskKarla comes in. What is Ask Karla? AskKarla is a secure online legal advice platform built by Montana Legal Services Association (MLSA) with a Technology Initiative Grant from Legal Services Corporation to make pro bono service more accessible for attorneys and those in need of legal assistance. Named in honor of Chief Justice Karla Gray, who championed Montana’s commitment to access to justice, AskKarla allows attorneys to anonymously provide limited-scope answers to civil legal ques tions from low-income Montanans. The platform was built with flexibility in mind. Attorneys choose which questions to answer based on expertise and availability, and best of all, any one can volunteer from anywhere with an internet connection. Designed for busy attorneys, AskKarla’s interface is simple and effective, with a process that provides built-in safeguards to make volunteering straightforward and secure. MLSA screens all clients for eligibility, making sure pro bono work assists those who truly qualify. All advice is covered by MLSA’s malpractice insurance for added peace of mind. Attorneys choose when to log on, which can be any time that fits in their schedule. The platform provides basic information about a potential client to complete conflicts checks. Then attorneys choose which question to answer, with no obligation to take on additional questions.

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too much additional strain on your tight schedule. Even a few minutes of targeted advice can make a life-changing difference for someone navigating the legal system. With limited-scope advice, a small intervention can prevent escalation of the prob lem—stopping wage garnishment, getting that tenant’s security deposit back, or protecting a family’s financial future. How to Get Started. Getting involved is easy, visit ask karla.org, click “volunteer,” and complete the streamlined reg istration. MLSA reviews registrations and typically approves new volunteers within 24 to 48 business hours. Once approved, browse live questions at any time and pick those that fit your expertise and schedule. There’s no defined commitment—so whether you answer one question or dozens—every response matters. If you’ve been searching for an efficient way to meet your Rule 6.1 pro bono obligation by the next reporting cycle in March 2026, consider AskKarla. It’s a chance to expand access to justice in Montana, make a difference with just a few min utes of your time, and honor Chief Justice Gray’s legacy. Create your account today and challenge yourself to answer one question before the year’s end. To learn more, visit Ask Karla (askkarla.org) or watch the this video that covers how to log in and what the process looks like for users: “Ask Karla Website Introduction for Volunteer Attorneys” https://youtu. be/a30x9fthcwo?si=tVxMGUBV5DCS2pud.

If you still have questions before you sign up, contact Linden Howard-Murphy at lhoward@mtlsa.org. SIDEBARS Montana Legal Services Association built AskKarla with a few key realities in mind: • Montana has far more need for civil legal help than available resources. • Attorneys told us they wanted an more flexible way to give back. • Even a few minutes of targeted advice can make a life changing difference for someone navigating the legal system. How It Works: • Answer anonymously - your identity is not disclosed to clients. • Choose the questions you want to answer. • Conflict check before you commit • Save drafts and return later - whether between meet ings, after hours, or whenever your schedule allows. How to Get Started • Visit askkarla.org and click "volunteer" • Complete registration and wait for approval (24-48 hours) • Browse available questions and choose one that matches your expertise

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Community Justice Workers: Utilizing the Boots on the Ground to Fill the Justice Gap MONIQUE VOIGT AND JAIN WALSH, MONTANA LEGAL SERVICE ASSOCIATION FOR YOUR REFERENCE

an attorney. Community Justice Workers do not “take work” from attorneys: instead, they work in a supportive role by pro viding basic assistance to individuals who otherwise cannot afford legal services, especially in rural areas where lawyers are scarce. They can help keep issues from escalating to the point where an attorney is required. In addition, their work would be restricted to providing basic legal assistance in defined areas. MLSA will help Community Justice Workers to identify and refer more complex legal matters to attorneys. MLSA has developed a curriculum to start a pilot program focused on training domestic and sexual violence casework ers to represent survivors in order of protection hearings in courts of limited jurisdiction. This program acknowledges the unique position domestic and sexual violence casework ers have in the judicial system. Caseworkers, also referred to within the law as advocates 8 , are not only regularly interacting with Montana’s courts in a supportive role for their clients, but they are trained to do so in a way that recognizes the trauma and impacts of abuse on the people that they serve. Domestic violence is not just a series of isolated incidents of aggression; it involves complex psychological and emotion al patterns of behavior, often driven by control and power dy namics. Caseworkers are trained to understand these dynam ics in depth. They are skilled in identifying the signs of abuse, recognizing patterns of manipulation, and understanding the psychological trauma that victims often face. Caseworkers are specifically trained to offer emotional support and guide victims through the legal process in a compassionate and empathetic manner. They can provide critical reassurance, help victims understand their rights, and give them the confi dence to move forward with their case. Caseworkers can also prepare victims for court by helping them stay focused on their safety and their long-term goals, offering them a sense of empowerment. One of the primary goals of orders of protection is to en hance the safety of individuals who are at risk of domestic vio lence. However, the mere issuance of an order is not always enough to ensure the victim’s safety. Abusers often violate these orders, and the process of enforcement is not always smooth. Caseworkers regularly play a crucial role in address ing this situation by providing victims with safety planning, monitoring compliance, and offering ongoing support. Expanding the role of trained and certified Caseworkers to include legal services will help many Montanans secure safety. There are several safeguards to ensure victims receive appro priate legal services. MLSA will work with select community partners to identify people who would be good candidates for a Community Justice Worker. MLSA will train and certify

In a recent petition (AF-11-0765) Montana Legal Services Association (MLSA) asked the Montana Supreme Court to adopt rules authorizing certified lay advocates to provide lim ited legal services in courts of limited jurisdiction. On October 1, 2025 the Court issued an Order allowing a 60-day public comment period on the proposal. This article is intended to provide readers with context and details of MLSA’s proposed Community Justice Worker project. There are simply not enough lawyers in Montana to meet people’s legal needs, and rural lawyers are overloaded. Studies routinely show that over 70% 1 of civil 2 and family law 3 cases have at least one party representing themselves, with over 90% of evictions 4 and debt-collection 5 cases involving an unrepre sented defendant. The Montana Access to Justice Commission estimates that 9 out of 10 low-income Montanans do not get any or enough legal assistance 6 . Because the typical Montana attorney charges an hourly rate of $200 or more and requires a retainer, many low or even moderate-income Montanans are unable to hire a private attorney, particularly if the issue they face involves financial distress or abuse. The inability to afford or find a lawyer leads to people ignoring their legal problem and not responding to legal actions filed against them or representing themselves when it is impossible to avoid going to court. These self-represented cases not only burden Montana Courts and clog dockets, but also devastate individual Montanans. MLSA hopes to address this issue by training lay advocates and implementing a Community Justice Worker project. Researchers have found that there is significant opportunity and demand for non-attorney advocates to provide legal ser vices, and the difference between non-attorney and attorney assistance is a straightforward choice for Montanans who may have few options but to navigate “a life-changing justice problem with no legal assistance at all, which is the situation many currently confront.” 7 Community Justice Workers are community members trained specifically to help low and moderate income people with their legal needs. Community Justice Workers can take on basic legal tasks which lawyers do not want and which civil legal aid lacks the resources to represent, helping to bridge the justice gap for vulnerable Montanans. For example, Community Justice Workers can be trained to handle several types of cases where legal aid currently provides the most rep resentation in Montana: public benefits representation, tenant representation in eviction cases, debt collection defense, and domestic and sexual violence protective orders. These cases are not sought after by members of the private bar, nor do the clients with these issues have money to pay for

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courts of limited jurisdiction Ultimately, the program is intended to improve the lives of low-income Montanans who cannot afford an attorney or do not have access to one. The addition of Community Justice Workers will fill in gaps presently existing due to insufficient resources. While lofty, the goal is to increase access to justice and enhance Montana’s services for some of the State’s more vulnerable residents. Endnotes 1 Altender, Katherine, Self-Representation Is Becoming the Norm and Driving Reform, Fordham L.Rev. 170 (2019) 2 Paula Hannaford-Agor Et Al., Nat’l Ctr. for State Courts, The Landscape of Civil Litigation In State Courts 31 (2015), https://www.ncsc.org/__data/assets/pdf_ file/0015/25305/civiljusticereport-2015.pdf. 3 Paula Hannaford-Agor Et Al., Nat’l Ctr. For State Courts & Inst. for The Advancement of The Am.Legal Sys., Family Justice Initiative: The Landscape of Domestic Relations Cases In State Courts 20-24 (2018), https://www.ncsc.org/__ data/assets/pdf_file/0018/18522/fji-landscape-report.pdf. 4 Russell Engler, Connecting Self-Representation to Civil Gideon: What Existing Data Reveal about When Counsel Is Most Needed, 37 FORDHAM URBAN L.J. 37, 47 n.44 (2010), https://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?referer=&htt psredir=1&article=2321&context=ulj. 5 Pew Charitable Trs., How Debt Collectors Are Transforming The Business of State Courts 2 (2020), https:// www.pewtrusts.org/-/media/assets/2020/06/debt-collectors-to consumers.pdf. 6 Access to Justice Commission, The Justice Gap in Montana: As Vast a Big Sky Country (June 2014) available at http://courts.mt.gov/supreme/boards/a2j/materials.mcpx. 7 Rebecca Sandefur, “Legal Advice from Nonlawyers,” Stanford Journal of Civil Rights and Civil Liberties (2020), page 305, available at https://law.stanford.edu/wp-content/ uploads/2020/06/04-Sandefur-Website.pdf 8 See Mont. Code Ann. § 26-1-812 for Montana’s advo cate privilege.

Community Justice Workers, requiring them to complete classes and mock hearings. Certifications will require periodic review. At the conclusion of the training, the Community Justice Workers will be prepared to provide legal services in order of protection proceedings in Montana’s justice and city courts. The services would include drafting documents, providing legal advice, and appearing in court on behalf of a victim. Community Justice Workers would be “volunteers” of MLSA and could be employed by non-profit or government agencies around Montana with similar missions. These Workers would be required to offer their services free of charge to clients, although they could receive pay from their respective nonprofit or government employers. Their clients would be clients of MLSA and thus protected under MLSA’s malpractice insurance. Applicants for legal assistance will be advised that the Community Justice Workers are not lawyers. Clients must give their informed consent, confirmed in writing, in order to receive legal assistance. MLSA’s program attorney will provide the Community Justice Workers’ training and offer shadow ing and mentoring opportunities to the trainees. The attorney will conduct evaluation sessions with the Community Justice Workers to review the assistance they are providing, discuss reported concerns, provide additional guidance, and ensure the Community Justice Workers are complying with all pro gram requirements. Partners will refer survivors and victims who need additional civil legal aid assistance to MLSA. In conjunction with the Supreme Court Administrator’s office, MLSA has also secured funding to expand the program to include housing and consumer legal matters in Justice Court. This second stage of the program will build upon the lessons learned in Order of Protection cases and will be developed with the guidance of MLSA’s senior staff mem bers working in housing and consumer legal aid. As with the domestic violence-focused program, the intent will be to complement the services that are in existence, while simul taneously expanding the ability of Montanans to proceed in

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New Data on Jurors and Proximate Cause THOMAS M. O’TOOLE, PH.D & KEVIN R. BOULLY, PH.D JURY ECONOMICS

Last year, we wrote about the growing importance of proxi mate cause arguments. When we both entered this profession over twenty years ago, attorneys told us cases could not be won or lost on proximate cause. What seemed specious at the time has since been proven definitively wrong. As recently as May of this year on one of our cases, a jury found in favor of the defense on proximate cause in a significant personal injury case despite finding the defendant negligent. When asked after trial, one of the jurors explained that they did not like the defen dant’s conduct and wanted to send a message to the defendant that it should change its conduct by finding it negligent, but ultimately did not believe that negligent conduct was a cause of injury to the plaintiff. We have seen similar verdicts in recent years, all demonstrating jurors’ willingness to carefully scruti nize proximate cause arguments. Our previous column on proximate cause focused on what we have learned anecdotally through our mock trials and shadow jury projects over the years. Unsatisfied with anecdotal experience alone, Sound Jury Consulting conducted a nation wide study this year of over 800 mock jurors to collect data on how jurors evaluate proximate cause arguments. The study posed two primary questions: 1) Does the way in which defense attorneys talk about proximate cause impact how jurors evalu ate it? and 2) Does the structure of the verdict form impact how jurors evaluate proximate cause? Finally, this study revealed some of the key hurdles that explain why proximate cause argu ments by defendants are not always effective. In this month’s column, we share the results of this study. The study used the case of an automobile accident where a delivery driver, who was going 10 mph over the speed limit, hit a patch of ice in the road, lost control of the delivery truck, and struck an oncoming vehicle, causing the plaintiffs’ neck and back injuries. Participants were told that while the temperature was below freezing, there had been no precipitation in the two weeks leading up to the accident. Instead, the ice was caused by a pipe that burst at the strip mall along the road, causing water to cover the street, which then froze. In other words, the delivery driver had no notice – no reason to believe there might be ice present in the road. Finally, the participants were told the experts will testify that while the delivery driver was going 10 mph over the speed limit, his speed would not have made a meaningful difference in his ability to maintain control of his vehicle when it struck the ice and would not have significantly changed the force of the impact on the plaintiff’s vehicle. In short, the driver had no notice and his speed was irrelevant. The participants listened to arguments from both the plaintiff and the defendant and completed a verdict form and a questionnaire after hearing each sides’ arguments. The research tested two variables. First, some participants completed a ver dict form that had negligence and proximate cause as separate

questions while others completed verdict forms that had them merged into a single question, the latter of which is common in many venues outside of Washington state. Second, some par ticipants heard defense arguments that explained in great detail how proximate cause works and why they should not find in favor of the plaintiff on proximate cause even if they believe the defense was negligent. We will refer to this as the “explicit prox imate cause argument.” Others heard a much simpler version, more akin to what we often see at trial, where the defendant argued that the speed of the driver did not make a difference in what happened so the participants should not find the defense liable for the plaintiff’s injuries. Across all scenarios, the plaintiff was signifi cantly more likely to prevail on proximate cause when negligence and proximate cause were broken out into separate questions on the verdict form. We will start with the study’s most interesting and shock ing finding. Across all scenarios, the plaintiff was significantly more likely to prevail on proximate cause when negligence and proximate cause were broken out into separate questions on the verdict form. In both variations of an explicit proximate cause argument by the defense and the general argument, participants were significantly more likely to find in favor of the plaintiff on proximate cause when the questions were separated on the verdict form. Even when provided the explicit proximate cause argument by the defense, participants were 20% more likely to find in favor of the plaintiff on proximate cause if they com pleted a verdict form that had the separate questions than if they completed the verdict form with negligence and causation merged into a single question. These results are contrary to what most would expect. We have often heard folks in our industry tell defense attorneys to request a verdict form that has the elements separated into two questions rather than combined into a single question, with the goal of forcing discussion on proximate cause, but this research suggests such a recommendation might be counter productive. To better understand this result, we went back and watched recordings of several mock jury deliberations where proximate cause was an issue raised by the defense. Watching deliberations in cases where the issues were separated on the verdict form, it stood out that having these questions separated forced a lengthier discussion on negligence, which meant the plaintiff was able to build early momentum in deliberations before the jury even got to the proximate cause argument that favored the defendant. The focus on the bad negligence facts for the defendant also generated anger early in the discussion that cut against motivation to let the defendant “off the hook”

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