Do I really need a lawyer? Couldn't I just do this myself? I mean, I watch a lot of Law and Order. It can't be that hard, with the assistance of a google search-bar. These are all thoughts that cross the minds of many people when considering whether or not they need a lawyer. Many times the question of whether or not a person really needs a lawyer is crossing their mind due to finances. Sometimes, people might truly assume they'll be fine without one. And sometimes you may not actually need a lawyer. This post will provide some guidance on things to consider when making this very important decision, resources for legal help if you can't afford an attorney, and resources for times when you might be going at it alone.
 
Deciding if you need a lawyer:

1. Consider calling around or doing a quick google search and finding lawyers who offer free consultations. It never hurts to set up a free consult, meet with the attorney, and decide if you need assistance or if you can go at it alone. Many lawyers offer free consults, and will provide 30+ minutes of time to make this important decision. 
2. If you are facing criminal charges, the general rule is yes, you need a lawyer. Criminal charges are important, and come with serious collateral consequences that are often overlooked. If you find yourself looking at a criminal charge, it is important to know what you are facing, including the consequences that may not be so obvious. 
3. If you are dealing with other legal issues, think about how much time you have to commit to the issue. Legal work is time-consuming, and can be confusing. If you simply don't have the time or energy, it may be worthwhile to find a lawyer for some help.

Deciding which lawyer to hire:

1. When you meet with a lawyer, you should feel comfortable talking about personal matters, and feel comfortable with your lawyer's communication. Communication is one of the most important pieces of a lawyer-client relationship, and if you don't communicate well at the first meeting, you probably shouldn't work with each other. This is when the "free consultations" become important. 
2. Feel free to ask about the lawyer's experiences with your particular issue, inside and outside of the courtroom, and even personal case experience. Most lawyers are happy to share their expertise with you, and let you know whether or not they are comfortable taking on your case. 
3. Ask around, if possible. If you know others who have used the lawyer, ask about their experience. If you know people who work in the justice system or with the Courts, ask about their experience. 
4. Consider that lawyers are a personal fit. You should feel comfortable with your lawyer, and confident in the representation, but most importantly, you should trust your lawyer. 

I decided I don't need a lawyer - now what?

1. If you are going to court, dress like you are going to church. Show the Judge you are taking it seriously, wear your nice clothes, and talk respectfully. Judges want to know that you take all matters in the legal system seriously, and dressing the part is the first step in showing you are serious.
2. If you are going to file something with the Court, write with professionalism and be courteous to everyone involved. Most people in the Courts and other parts of the legal system are more than willing to help, with a little kindness. 
3. If you are talking to a Judge, show respect. "Your Honor" is the way to address the Judge, at all times. This shows the Judge that you know the roles of the parties, you have done your homework, and you came to court ready to handle your matter with professionalism. 

Resources:

1. Check in with lawyers in your community about pro bono work. This means the lawyer would represent you for free. Many lawyers do a certain amount of pro bono cases or hours per year, and yours could be considered. Many lawyers will also consider reduced rates, payment plans, or other affordable options. 
2. If you have been charged with a crime, and you can't afford an attorney, contact the Office of Public Defense for the State of Montana. Their contact information can be found here: http://publicdefender.mt.gov. 
3. If you need legal assistance that does not involve being charged with a crime, contact the Montana Legal Services Association. Their contact information can be found here: https://www.mtlsa.org.
4. If you are looking to represent yourself, but just need some guidance on getting started, the Montana Supreme Court website provides forms for many areas of the law here: https://courts.mt.gov/Forms.

If you have any further questions about legal representation, or representing yourself, please feel free to reach out to our office for additional guidance or a Free Consultation. 

-Jill

We've all found ourselves driving that bumpy dirt road in the mountains of Montana when we come across a sign that reads: "We don't call 911. Trespassers will be shot. Survivors will be shot again." Many Montanans have flippantly joked about this for decades. These days, as we watch the media scroll across our TV's and the Facebook posts fill our minds, these jokes don't seem too far off. Many people are wondering when they can legally protect themselves in the event of a threat of harm. Montana has several laws regarding "self-defense" or "justifiable use of force" and hopefully this post will provide you with some guidance on what the law allows.

I'm Being Attacked in Public: A person is justified in using force against another person when the person reasonably believes that the conduct is necessary for self-defense against an imminent use of unlawful force. In other words, if you believe you are going to be assaulted or hurt, you have a right to defend yourself using reasonable force. A person can only use force likely to cause death or serious bodily harm if the person believes that force is necessary to prevent imminent death or serious bodily harm. In other words, don't bring a gun to a fist fight. But if you believe your life is in danger or you are at risk of serious bodily harm, you have the right to protect yourself using the same force.
(Montana Code Annotated 45-3-102)

​I'm Being Attacked at Home: A person can use force against someone else when the person reasonably believes that the use of force is necessary to prevent another person's unlawful entry into an occupied structure. A person can only use force likely to cause death or serious bodily harm if the other person enters the structure and the force is necessary to prevent assault OR if force is necessary to prevent the commission of a forcible felony. In other words, if someone is going to break into your home while you are there, and threatens to harm you or your family, you have the right to protect yourself using reasonable force. 
(Montana Code Annotated 45-3-103)

Do I Have to Flee?: Montana law does NOT require a person being threatened to retreat, flee, or call the cops prior to using force. This is sometimes known as the "stand your ground" law. In other words, if someone is threatening your safety or your life, you have a right to defend yourself without first calling the police or running away.
(Montana Code Annotated 45-3-110)

So, what can you do to protect yourself from legal troubles in the event you have to use self-defense?

1. Be sure your danger of harm is present. In other words, you can only defend yourself from imminent threat of harm. If someone threatens future harm - you don't have a right to self-defense. 
2. Make sure you actually believe the threat is going to occur. Self-Defense cases are very fact-specific, and sometimes mistakes can happen. That is why the law requires "reasonable" belief the threat will occur. 
3. Don't use more force than necessary. The old saying "don't bring a knife to a gun fight" cuts both ways. While the law doesn't require you to utilize the same weapon as the person threatening you or your home, the law does rely heavily on "reasonableness", so make sure you are being reasonable. 
4. Don't try to hide your actions. If you find yourself in a situation where you have used force in self-defense, make sure someone has called law enforcement if necessary. Then, make sure you have an attorney guide you through the investigation.
5. Keep in Mind that you will likely have to defend yourself. Once self-defense is used, depending on the circumstances, a full investigation often ensues. You may find yourself being accused of a crime, and left with defending yourself using Montana's justifiable use of force laws. Once a person charged with using force makes a claim of self-defense, the burden shifts to the State to prove beyond a reasonable doubt that the use of force was not justified. A jury will look at every little fact and detail of the event and decide whether or not your force was justified. 
6. Don't be Unreasonable. As you can see, the law relies heavily on "reasonableness" when it comes to justified use of force. Don't do something that is blatantly unreasonable. 

- Jill