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Case Briefs

By Compiled by Thomas O. Mulvihill
August 13, 2004

Disclosure of Billing Information Violates Defense Counsel's Obligation to Maintain Client Confidences

In In the Matter of the Rules of Professional Conduct and Insurer Imposed Billing Rules and Procedures, 2 P.3d 806 (Mont. 2000), the petitioner law firm filed an application for declaratory relief in 1998 with the Montana Supreme Court, asking it to declare whether attorneys licensed to practice law in Montana or admitted pro hac vice could lawfully abide by an insurance company's billing and practice rules that imposed conditions on the attorneys' practice of law. Secondly, the petitioner asked the Supreme Court to declare whether the attorneys could be required to submit their bills containing detailed descriptions of the services rendered to the carrier's auditing companies without violating client confidentiality.

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