Montana

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Summary

Montana has no formal bar ethics opinion or statewide court rule on attorney AI use. Two of Montana's 22 judicial districts (4th-Missoula and 13th-Yellowstone) have local AI disclosure and citation-certification rules. A 2026 Missoula public defender incident illustrated concrete enforcement exposure under existing professional conduct rules.

Applicable ABA Model Rules

Rule 1.1
Rule 1.6
Rule 1.5
Rule 3.3
Rule 5.1
Rule 5.3

Carrier Implications

Montana does not require malpractice insurance. ALPS (the bar-endorsed carrier, headquartered in Missoula) has published national guidance on AI risk; firms should expect AI use questions on renewal applications even though no Montana-specific endorsement or surcharge has been documented.

This summary is informational only. Verify the primary source before relying on this entry. Bar rules differ meaningfully by state. Consult a licensed attorney in your state.

Montana is among the least active jurisdictions for formal AI ethics guidance. The State Bar of Montana has issued no formal ethics opinion and no AI task force report; the only bar resource is an informal 2023 educational article authored by out-of-state consultants. The Montana Supreme Court has issued no statewide AI order.

Two of Montana’s 22 judicial districts adopted local AI disclosure rules in 2025: the 4th District (Missoula) Local Rule 3(G) requires disclosure, tool identification, and accuracy certification, and the 13th District (Yellowstone County) Local Rule 35 requires identification of the AI tool used and certification that every citation has been verified. A federal judge (Judge Molloy, D. Mont.) imposed a limited AI prohibition on pro hac vice counsel only in 2023.

Bottom line for a 5-50 attorney Montana firm: No formal bar opinion or binding court-wide rule currently governs AI use in Montana practice. However, attorneys practicing in Missoula or Billings are subject to mandatory AI disclosure and citation-accuracy certification requirements. Baseline competence and confidentiality obligations under the Montana Rules of Professional Conduct apply regardless.

Last verified: April 23, 2026