25-9-404. Payment of attorney fees. A judgment must order payment of attorney fees and litigation expenses separately from an order for periodic payments of future damages. The attorney fees and expenses must be paid either in a lump sum or by periodic payments pursuant to an agreement entered into between the claimant and the claimant's attorney. An agreement for the immediate lump-sum payment of that portion of the attorney fees incurred to recover future damages to be paid by periodic payments must be calculated on the basis of the present value of the future damages.
History: En. Sec. 4, Ch. 634, L. 1987; amd. Sec. 421, Ch. 56, L. 2009.
Structure Montana Code Annotated
Part 4. Periodic Payment of Damages -- Medical Malpractice Damage Limitations
25-9-402. Findings by trier of fact -- civil actions
25-9-403. Request for periodic payment of future damages -- nonmalpractice claims
25-9-404. Payment of attorney fees
25-9-405. Assignment of periodic installments
25-9-406. Failure to pay -- penalty
25-9-407. through 25-9-410 reserved
25-9-411. Medical malpractice noneconomic damages limitation
25-9-412. Periodic payment of future damages in medical malpractice cases