Montana Q&A by Practice Area

Show More Practice Areas »

Lawyers, Answer Questions  & Get Points Log In

Montana Questions & Answers

1 Answer | Asked in Contracts for Montana on

Q: Signing a contract as a company rather than a person

Our company is attempting to obtain services of a temporary employment agency. The bottom of the credit application states that the signer agrees that they are liable to pay and that any negative recourse follows the signer. We have no issue paying for the service, but we would prefer to sign as... Read more »

Bruce Alexander Minnick answered on Aug 24, 2019

You can do whatever you want to do; however, the lender you are working with does not have to loan money to a corporation.

1 Answer | Asked in Patents (Intellectual Property) for Montana on

Q: P#8428453 Most of the claims reflect that of a basic camera app. If I created a picture taking app could Snapchat sue me

Regrading Patent #8428453, it looks like Snapchat has a patent on a simple camera app. The only unique claim I see with this patent is the recording of a video or taking a photo based on the haptic contact time. If I created a camera app that excluded haptic contact time and had a separate button... Read more »

Peter D. Mlynek answered on Aug 20, 2019

Sorry, but you are going to have to hire a patent attorney who specializes in computer science to really be able to answer this question.

1 Answer | Asked in Probate for Montana on

Q: willing to pay when we win theres a bonus included who has no mercy Not about the money IT WILL NICE. NO FREE ATTORNEY.

Nina Whitehurst answered on Aug 16, 2019

It is rare for an attorney to take on a matter on a contingent fee basis outside of personal injury and class action cases.

1 Answer | Asked in Probate for Montana on

Q: Have either left a message via voicemail/email havent heard back from any attorney, afraid I could loose a great of mone

Nina Whitehurst answered on Aug 15, 2019

Keep trying until you find an attorney. Remember, however, that attorneys in private practice do not work for free. If you offer to pay a normal consultation fee, and normal hourly rates after that, you might meet with more success. Same as hiring an electrician. If you are poor, you might... Read more »

2 Answers | Asked in Criminal Law, Family Law and Arbitration / Mediation Law for Montana on

Q: I am trying to find a lawyer no one is responding What can I do to get someone on board

Gary Kollin answered on Aug 15, 2019

How are trying to contact one?

Through s posting here?

You need to contact attorneys directly and individually

View More Answers

1 Answer | Asked in Criminal Law for Montana on

Q: Is it best to get a lawyer in the state or out of the state when it comes to post conviction?

It's a case against the state and my friend heard that some lawyers in state don't do post convictions when it comes to a case against the state?

Gary Kollin answered on Jul 31, 2019

It is mot against the State. It is the same as fighting a criminal case

1 Answer | Asked in Insurance Defense for Montana on

Q: i got accident slid into road no insurance me the insurance co is saying they want 15719.00 absurd im disputeing what

i don't know how to handel it the girl never slowed at all my car was totaled and we were both fine she was able to drive her car

Tim Akpinar answered on Jul 13, 2019

If the other side is coming after you for $15,719.00 and you are uncertain about how to handle it, you could consult with an attorney in Montana to review the facts of the accident, police report, property damage appraisals, and other details. From the brief facts, it isn't fully clear what... Read more »

1 Answer | Asked in Consumer Law and Personal Injury for Montana on

Q: What do I do if I suffered due to a cut in my mouth and lost a tooth because of a bread tie in a burger bought at sonic?

Do I have any rights due to negligent of a worker from sonic leaving a bread tie in a burger that was purchased at sonic. I had a hard time eating even baby food for almost 2 weeks ( had to take sips just to drink water )due to the cut on the roof of my mouth and lost a tooth and have seen my... Read more »

Tim Akpinar answered on Apr 22, 2019

As a starting point, you could contact an injury attorney in Montana to review and evaluate the details of the accident and your injuries. In these types of cases, recent dental history could become relevant. If the attorney you contact feels there is a viable case to move forward with, it would be... Read more »

1 Answer | Asked in Elder Law for Montana on

Q: Can I just go to the nursing home and get my Brother

Kelli Y Allen answered on Jan 13, 2019

This depends on many circumstances. Is your Brother competent? If not, does he have a healthcare agent or guardian?

1 Answer | Asked in Intellectual Property for Montana on

Q: I have a more detailed question in regards to legalities to copyrighted photo use.

I'm involved with a company that has a large community of 41,000 members on a social site. The original founder Janet has passed away recently, and someone named Melissa who is involved with a person named Dave who would take photographs specifically for the social page has threatened to sue us if... Read more »

Griffin Klema answered on Dec 26, 2018

This is a difficult situation. The start of the analysis is that the original photographer owns the copyright unless transferred by agreement to someone else. Based on the facts you provide, there might be an implied contract between the photographer and the group, either by the conduct of the... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Construction Law for Montana on

Q: May congress pass a law that requires a person to pay a fine because congress believes they're guilty with no evidence?

Gary Kollin answered on Nov 14, 2018

No. The constitution prohibits bills of attainder..

1 Answer | Asked in Workers' Compensation for Montana on

Q: I worked 2 jobs I got hurt and am rec. Temp partial disability but due to a domestic violence case quit the other job

I quit the other job the job that I got hurt at won't work with my restrictions so I am totally not working but only getting partial temp benefits. Shouldnt i be getting full temp disability benefits?

Bradley Jay Jones answered on Sep 21, 2018

This depends on how your employment ended. I suggest you contact a workers' compensation attorney to discuss your case. We are glad to help.

1 Answer | Asked in Criminal Law, Personal Injury, Traffic Tickets and Civil Rights for Montana on

Q: I’m looking to obtain a lawyer to handle anything that might eventually come up.

I’m looking to obtain a lawyer to handle anything that might eventually come up. Basically a 24/7 personal protector of

My rights . I have no charges or cases pending . I would like to inquire about running an ongoing account just in case in the future something comes up . Anything from... Read more »

Peter N. Munsing answered on May 22, 2018

What you want is an attorney on retainer. That means you pay him an up front fee and he will provide advice billed on an hourly basis. You need to figure out what the concerns you have are for which you need an attorney--criminal cases require criminal defense attorneys; land issues require someone... Read more »

1 Answer | Asked in Tax Law for Montana on

Q: Can IRS garnish shareholder's personal monies for corporation tax debt?

I received an IRS notice for penalties and interest for late filing of 2015 and 2016 corporate tax returns for a Montana close corporation. They incorrectly identified 2 shareholders so I wrote a letter explaining: there was 1 shareholder; I had erroneously been told by what I thought was a valid... Read more »

Linda Simmons Campbell answered on Jan 24, 2018

It sounds like you were charged a failure to file penalty. Sometimes the IRS will abate the penalties once you have filed the required returns. I suggest filing a penalty abatement request. If that does not bring the debt down to an amount you can afford then you can try and submit an Offer in... Read more »

1 Answer | Asked in Car Accidents and Traffic Tickets for Montana on

Q: My husband hit a car in a parking lot and left a note, but got a citation for not calling the police (damage minimal)???

The damage to the other car was minimal. We both thought it was an option, not a law, to call the police in a parking lot.

Peter N. Munsing answered on Jan 17, 2018

On private property and if he left a note and reported to his insurance, plead not guilty.

1 Answer | Asked in Construction Law and Car Accidents for Montana on

Q: How high does a cement pole next to a fire hydrant for protection need to be in a parking lot in Billings, MT?

My dad could not see cement pole in parking lot at Billings, MT Toys R us, protecting fire hydrant, was around 31 inches tall, and hit it. Sitting in the Ram 2500, you could not see the pole. I could not get the length, but the pole is about the height of the fire hydrant, which is flat to the... Read more »

Eric E Holm answered on Dec 11, 2017

There may be an answer for this in the local city ordinances, you could try researching this online at the city's website containing the Billings City Code (google "Billings City Code") or hiring a local attorney to research this for you.

1 Answer | Asked in Business Law, Intellectual Property, Trademark, Business Formation and Copyright for Montana on

Q: What are some ways I can check on the legal rights I have to a potential name for a developing small business?

I am interested in starting a freelance writing business. I recently learned that before I can proceed with the name I will need to confirm that the name is not at all infringing on any copyright laws. I am pretty new to this stuff and I'd really appreciate some advice for how to go about finding... Read more »

Will Blackton answered on Dec 8, 2017

Short phrases and names are generally not protected by copyright law. What you're probably thinking of is trademark infringement - the key question being, will your name confuse consumers, that is, might consumers believe that your company is affiliated with or endorsed by E. B. White, Harper &... Read more »

2 Answers | Asked in Car Accidents for Montana on

Q: I own a 79 ford truck. I let a licensed driver borrow it. He let an unlicensed driver drive it and he rolled my truck.

Nobody was injured, thankfully. I only had liability insurance. My question is can I go after the driver for the loss of my truck? I don't know what to do or who to talk to about this. The value is/was $4000.

Peter N. Munsing answered on Dec 5, 2017

Go after both. Get the police report. Be prepared to show you didn't give permission for a relend as to the actual driver, so it's on driver #1, and that #2 was driving carelessly. Either way they both owe you. If they offer to pay get a judgment note, and especially get copy of their drivers... Read more »

View More Answers

1 Answer | Asked in Trademark for Montana on

Q: Trying to federally trademark my brewery name, Montana Brewing. Would I be rejected due to trademarks on other names...

such as Montana Mountain Brewing, or say Big Montana Brewing, that already exist? Based on my research this seems to be a grey area in trademarks.

Benton R Patterson III answered on Nov 29, 2017

Given the industry is the same and the similarity of the names, there is a fair chance it could be rejected. However, a trademark attorney would need to review each registration and know more about each business to give a definitive answer. The type of registration also matters, eg. is it a... Read more »

1 Answer | Asked in Car Accidents for Montana on

Q: A new car burns up with 800 miles & my children are traumatized, can you do something to the manufacture?

My car started on fire and burnt to the ground. My daughter was locked in and did get out. My 5 year old is traumitzed by this. I lost a car and the factory warranty is taking for ever. also I do have coverage for car rental, they expect me to pay out of pocket and be reimb. bi-weekly or monthly. I... Read more »

Peter N. Munsing answered on Jun 22, 2017

Contact a member of the Montana Trial Lawyers Assn. Generally, courts don't favor emotional issues. On a personal level suggest you look into a form of therapy called EMDR for your kids. They may be old enough now or in a year or so. Google : Psychology Today EMDR ___________________(name of... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.