Can You Have a Lawyer in Montana Small Claims Court?

The All-or-None Rule

Under MCA § 25-35-505(2), attorneys are prohibited from appearing or participating in Montana small claims proceedings unless every party in the case is represented by counsel. One side cannot bring a lawyer while the other side represents themselves. If you show up alone and the defendant walks in with an attorney, that attorney cannot represent the defendant in the small claims proceeding unless you also have counsel.

This is one of the defining features of Montana's Small Claims Division. The rule exists to level the playing field — the entire point of the division is that ordinary people can present their own cases without being outmatched by professional advocates.

What "Participating" Means

The prohibition covers more than just standing in the courtroom. An attorney cannot:

• Appear at the hearing on behalf of a party
• File documents or motions on behalf of a party
• Coach a party during the proceeding from the gallery

An attorney can help you prepare your case outside of court — organizing evidence, advising on what the statute says, reviewing your complaint before you file. The restriction applies to the courtroom, not to behind-the-scenes preparation.

Who Can Represent a Business

Businesses do not need a lawyer to appear in small claims court. Under MCA § 25-35-505(3):

• A partnership can be represented by any partner or employee
• A union can be represented by a member or employee
• A corporation can be represented by a director, officer or employee
• An LLC can be represented by a member with a majority interest, subject to MCA § 35-8-301

The representative does not need to be an attorney. However, a corporation cannot send its in-house lawyer to represent it unless the other side also has counsel — the all-or-none rule applies to in-house attorneys the same way it applies to outside ones.

Other Representation Rules

A few special categories of parties can appear through representatives:

• Estate representatives. Under MCA § 25-35-505(7), a personal representative of a decedent's estate, a court-appointed guardian or a conservator may appear as a party.
• Individuals. Every individual has the right to represent themselves. No one is required to hire a lawyer for small claims court.

The Removal Option

If one side genuinely needs legal representation — because the dispute involves complex contract law, for example — the defendant can remove the case to the regular Justice Court civil division by filing a Notice of Removal within 10 days of being served (MCA § 25-35-605). Once removed, both sides can have attorneys, and the case proceeds under standard civil rules with a jury trial available.

The plaintiff cannot remove the case — only the defendant has that right. If you are the plaintiff and think the other side will bring a lawyer, the only path that allows attorneys on both sides is removal.

What This Means in Practice

For most filers, the attorney ban is an advantage. You do not need to worry about facing a professional litigator across the table. Present your evidence clearly, bring organized documents and let the facts speak. The judge is accustomed to non-lawyers and will ask questions to get the information needed.

The Montana Small Claims Filing Guide walks through the self-representation process step by step, including how to organize your evidence and present it to the judge without legal training.

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