Berg Lilly, PC

• We assist clients in organizing Montana business entities, including corporations, limited liability companies, and a variety of other business configurations authorized under Montana law. Our representation includes the drafting of organizational and operational documents governing the affairs of business entities and the relationships of their principals.
• We advise clients in navigating disputes that have arisen in the operation of Montana business entities.

• We represent businesses and individuals in litigating and resolving a wide range of traditional and complex civil, business, real estate, estate, and other matters.
• Our dedicated team has decades of combined litigation experience, enabling us to provide strong and effective trial advocacy in state, federal, appellate, and administrative courts and before arbitration panels.

• We represent clients wishing to sell or acquire businesses, including local, single-storefront businesses as well as national businesses with a local presence. The transactions we handle range from simple stock purchases to full business sales involving asset transfers, lease assignments, and a variety of ancillary documents.
• We assist parties in drafting commercial documents ranging from purchase and sale agreements to promissory notes and collateral security documents.

• Our attorneys handle diverse construction litigation matters for owners and contractors on matters ranging from payment and construction lien foreclosures to construction defect claims.
• We routinely advise contractors on their construction lien rights.
• We provide contractors and owners seasoned advice on contract matters.
• We edit and custom draft contracts for use by parties on construction projects.
• We appear before administrative agencies on behalf of clients who have safety inspections, labor complaints, discrimination claims, or other alleged statutory violations during the course of their construction projects.

• We represent Montana employers in responding to claims filed under Montana’s Wrongful Discharge from Employment Act, as well as discrimination, harassment, and wage claims before Montana’s administrative agencies and state and federal courts.
• We provide guidance to Montana employers in the areas of coaching, disciplining, and terminating employees under Montana’s Wrongful Discharge from Employment Act. We also offer independent discrimination or harassment investigations for companies needing to outsource such investigations.
• We routinely draft employee handbooks and non-compete, non-solicitation, and confidentiality agreements for a wide range of employers.
• We draft and review employment agreements. We specialize in drafting ranch manager agreements for those entrusted with overseeing recreational or working ranch properties.
• In keeping with our well-balanced approach to the law, we also represent employees who have sustained damages arising from significant violations of Montana and federal employment laws.

• We draft wills, trusts, powers of attorney, advance care directives, and medical powers of attorney.
• We advise fiduciaries with regard to trust administration.
• We assist clients in navigating the probate process in the Montana court system.

• We consult with clients and prepare pre-marital agreements.
• We initiate and/or respond to petitions for divorce in Gallatin, Park, Madison, and surrounding counties.
• We provide consultation services with regard to Montana dissolution law; child related concerns, including parenting plans, long-distance parenting, and child support; property division; pre-marital issues; and gifted and inherited issues.
• We initiate and respond to guardianship and conservatorship petitions.
• We offer mediation services on family law matters.

• We are panel counsel for many local and national insurance carriers and are entrusted with the defense of insureds in a wide range of practice areas. We routinely provide defense in the areas of personal injury, construction law, premise liability, product liability, and professional malpractice.
• We provide guidance and representation to insurance carriers in all facets of insurance law, including coverage, bad faith, and Unfair Trade Practices Act compliance.
• We assist insureds in making effective claims on their own policies or affected individuals against others’ insurance policies.

We mediate civil litigation matters involving personal injury, real and personal property, family law, construction law, and commercial issues.

We represent seriously injured parties and the families of individuals who have been killed due to the negligence of others. We have a record of demonstrated success in holding individuals, entities, and their insurance companies accountable for serious personal injuries and wrongful death. Our long history in Montana serves us well in negotiations with insurance companies and others who know we will seek full compensation for injuries at trial if the fair settlement of a claim cannot be reached.

• We represent buyers and sellers of real estate in Montana, with a particular focus and expertise in recreational, ranch, and high-end ski properties.
• We prepare and review agricultural, residential, and commercial leases.
• We provide representation with regard to easements, covenants, and other servitudes affecting land and access to it.
• We assist clients in the subdivision and development of their properties.
• We represent and assist landowners in placing conservation easements on their properties.
• We represent our clients in water rights matters, both in the Montana Water Court and with the Montana Department of Natural Resources and Conservation.

We represent public school districts and provide representation related to:

• Employment and teacher tenure matters
• Student discipline
• Independent contract review
• Third-party vendor contract preparation and review
• The sale and purchase of real property for school purposes
• Construction matters related to school properties
• Board governance concerns
• Board policy review, interpretation, and compliance
• Special education issues
• Other general school-related issues