37-61-408. Attorney prohibited from buying claim or demand for purpose of bringing action. (1) An attorney may not directly or indirectly buy or be in any manner interested in buying a bond, promissory note, bill of exchange, book debt, or other thing in action with the intent and for the purpose of bringing an action on that instrument or thing.
(2) An attorney may not, individually or by or in the name of another person, either before or after an action is brought, promise or give or procure to be promised or given a valuable consideration to any person as an inducement to placing or in consideration of having placed in the person's hands or in the hands of another person a demand of any kind for the purpose of bringing an action. This subsection does not apply to an agreement between attorneys to divide between themselves the compensation to be received.
History: (1)En. Sec. 405, C. Civ. Proc. 1895; re-en. Sec. 6397, Rev. C. 1907; re-en. Sec. 8980, R.C.M. 1921; Cal. Pen. C. Sec. 161; re-en. Sec. 8980, R.C.M. 1935; Sec. 93-2107, R.C.M. 1947; (2)En. Sec. 406, C. Civ. Proc. 1895; re-en. Sec. 6398, Rev. C. 1907; re-en. Sec. 8981, R.C.M. 1921; re-en. Sec. 8981, R.C.M. 1935; Sec. 93-2108, R.C.M. 1947; R.C.M. 1947, 93-2107, 93-2108(part); amd. Sec. 1437, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 37. Professions and Occupations
Part 4. Provisions Regulating Practice
37-61-401. Authority of attorney
37-61-402. Production of proof of authority to court
37-61-405. Death or removal of attorney
37-61-408. Attorney prohibited from buying claim or demand for purpose of bringing action
37-61-409. Penalty for violation
37-61-411. Same rule when party prosecutes in person
37-61-412. Partner of public prosecutor not to defend
37-61-413. Former public prosecutors not to defend
37-61-414. Partners not to appear on opposite sides
37-61-415. Penalty for violation of two preceding sections
37-61-416. Party may appear in person or by attorney
37-61-417. Attorney may defend in person
37-61-418. Attorney may see prisoner
37-61-419. Attorney not to become surety on bond
37-61-420. Judgment lien for compensation
37-61-421. Attorney's or litigant's liability for excess costs