Mont. Code Ann. » TITLE 37. PROFESSIONS AND OCCUPATIONS · CHAPTER 61. ATTORNEYS AT LAW · Part 2. Licensing
Montana Code Annotated

Mont. Code Ann. § 37-61-201 (2026)

Who Considered To Be Practicing Law

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 37
  3. CHAPTER 61
  4. Part 2
  5. 37-61-201 Who considered to be practicing law

TITLE 37. PROFESSIONS AND OCCUPATIONS

CHAPTER 61. ATTORNEYS AT LAW

Part 2. Licensing

Who Considered To Be Practicing Law

37-61-201. Who considered to be practicing law. Any person who holds out to the public or advertises as an attorney or who appears in any court of record or before a judicial body, referee, commissioner, or other officer appointed to determine any question of law or fact by a court or who engages in the business and duties and performs acts, matters, and things that are usually done or performed by an attorney at law in the practice of that profession for the purposes of parts 1 through 3 of this chapter is considered to be practicing law.

History: En. Sec. 1, Ch. 90, L. 1917; re-en. Sec. 8944, R.C.M. 1921; re-en. Sec. 8944, R.C.M. 1935; R.C.M. 1947, 93-2009; amd. Sec. 1424, Ch. 56, L. 2009.

Notes of Decisions
Cited in 15 cases (4 in the last 5 years), 1990–2024 · leading case: Montana Supreme Court Comm'n on the Unauthorized Practice of Law v. O'Neil, 2006 MT 284 (Mont. 2006).
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Montana Supreme Court Comm'n on the Unauthorized Practice of Law v. O'Neil, 2006 MT 284 (Mont. 2006). · cites it 15× “See § 37-61-201, MCA. He performs paralegal services.”
Shapiro v. Jefferson Cnty., 923 P.2d 543 (Mont. 1996). · cites it 28× “Section 37-61-201, MCA, designates who is considered to be practicing law in Montana.”
Ostrovsky v. Monroe (In Re Ellingson), 230 B.R. 426 (Bankr. D. Mont. 1999). · cites it 6× “Montana statutes governing the unauthorized practice of law are found at Mont. Code Ann. § 37-61-201 : 37-61-201. Who considered to be practicing law.”
Steele v. McGregor, 1998 MT 85 (Mont. 1998). · cites it 4× “¶ 20 It cannot be disputed that ruling on a motion in a proceeding to adjudicate legal rights and liabilities is a judicial function whether it is performed by a judge in court or a hearing examiner in a contested administrative proceeding. Nor can it be disputed that Maronick's…”
Stop Over Spending Montana v. State, 2006 MT 178 (Mont. 2006). · cites it 2× “See § 37-61-201, MCA. ¶67 Common experience is also that neither typical petition signers nor voters have read, much less understand, the entirety of a proposed constitutional amendment as lengthy and as complex as the one at issue here.”
In Re Dissolving the Comm'n on the Unauthorized Practice of Law, 2010 MT 82 (Mont. 2010). · cites it 4× “Pursuant to this Constitutional scheme, the legislature has historically defined what constitutes the practice of law (§ 37-61-201, MCA) 1 and has charged the executive branch with the duties of investigating and prosecuting the “unauthorized” practice of law (§ 37-61-214, MCA).”
United States Tr. v. Costello (In Re Rankin), 320 B.R. 171 (Bankr. D. Mont. 2005). · cites it 2× “In Ellingson, this Court construed Mont.Code Ann. § 37-61-201 and noted that Montana follows the majority rule that preparation or filling in blanks on preprinted legal forms constitutes the practice of law.”
In Re Semenza, 121 B.R. 56 (Bankr. D. Mont. 1990). · cites it 2× “” Finally, Section 37-61-201 Mont.Code Ann. (1989), defines who is considered practicing law.”
Rafes/Bairstow v. Butts (Mont. 2020). · cites it 3× “Section 37-61-201, MCA. M. R. App. P. 4(6) allows this Court to grant an out-of-time appeal "Mil the infrequent harsh case and under extraordinary circumstances amounting to a gross miscarriage ofjustice[1" Rafes appeals an August 28,2020 Decision and Order Granting Defendant's…”
Elansari v. State of Montana (D. Mont. 2021). · cites it 3× “Elansari asks the Court to declare Mont. Code Ann. § 37-61-201 unconstitutional and requests compensatory damages “in the amount of lost business caused directly and proximately by Defendant[s’] conduct.”
DeMarie v. Godfrey (Mont. 2024). · cites it 3× “Section 37-61-201, MCA. DeMarie has not demonstrated illegal incarceration.”
DeMarie v. Godfrey (Mont. 2024). · cites it 3× “Section 37-61-201, MCA. DeMarie has not demonstrated illegal incarceration.”
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