Civil Litigation

Boone Karlberg’s litigation group provides a broad range of legal services to individuals and to business, government, insurance, and banking clients across the state. This group also has extensive experience in complex commercial litigation, product liability claims, employment and labor law, insurance coverage and defense, personal injury matters, property and construction disputes, railroad litigation and protection of creditors’ rights in bankruptcy. Our litigators are admitted to practice in state and federal courts and have extensive experience at both the trial court and appellate court levels, including major cases in the Montana Supreme Court and the U.S. Court of Appeals for the Ninth Circuit.

Boone Karlberg represents clients in mediations and arbitrations and acts as mediators and arbitrators of others’ disputes. Our litigation attorneys and litigation support staff strive to represent the client’s interest aggressively, while emphasizing practical and economical approaches to dispute resolution.

Boone Karlberg and our litigation attorneys recently received accolades in Chambers and Partners USA as a team "known for high-class practice that is highly reputed for a spectrum of contentious expertise, which incorporates railroad litigation, civil rights claims, and insurance issues. Regularly engaged on behalf of insurers, government entities and banks, and has experience before both the state and federal courts."

Insurance

Boone Karlberg’s insurance law practice is multifaceted and serves a wide array of clients, from some of the nation’s leading insurance carriers to individuals and businesses making insurance claims. The firm is routinely engaged by insurance companies to defend insureds in civil litigation.

Our attorneys are known for a very proactive, yet cost-efficient, approach to litigation. They have extensive experience in the courtroom, both at the trial and appellate levels. Boone Karlberg also provides clients with pre-litigation coverage advice and assists with claims handling negotiation and settlement of claims.

A number of prominent insurance carriers regularly seek Boone Karlberg’s counsel on complex coverage issues, including bad faith matters. The attorneys in this area have a breadth of experience in the personal lines and commercial insurance realms. The firm frequently prosecutes and defends declaratory judgment actions in both state and federal courts on a broad range of coverage disputes.

Estate Planning, Tax and Probate

Boone Karlberg’s estate planning and probate attorneys emphasize their services in estate and gift tax oriented structures, family business succession planning and general family plans, including the use of wills, trusts (revocable and irrevocable), durable powers of attorney, living wills, and family limited partnerships. Asset protection also is a focus of this practice, including the use of trusts, limited partnerships and business entities.

Tax practitioners at Boone Karlberg offer clients assistance in federal, state, and local taxation, including the evaluation of the tax impact of investments and transactions, the creation of techniques and plans for minimizing taxes, and the negotiation and litigation of disputes with taxing authorities.  Boone Karlberg has significant experience in the structuring and financing of federal income tax driven real estate developments.

In the probate area, Boone Karlberg assists personal representatives in working with the courts and administering and distributing the estate. These attorneys work to ensure that all necessary reports are filed and that all applicable estate taxes are paid in an orderly fashion.

Commercial and Banking

For many years, Boone Karlberg has provided legal services for local and Western Montana banks, businesses and individuals in commercial matters. The services range from routine business matters to complex litigation.

These lawyers also engage in a general business practice, specializing in the organization of corporations, partnerships, joint ventures, and the acquisition of business assets. They arrange sales of business assets and the liquidation of corporations and partnerships. The attorneys also assist in reorganization of business interests, asset protection techniques, and arrangements for extending credit.

As part of its commercial practice, Boone Karlberg provides employment and human resources advice to businesses and individuals. Additionally, the attorneys represent businesses in administrative proceedings and in litigation.

Boone Karlberg also has extensive experience providing legal advice and litigation services to banking institutions regarding commercial, consumer and real estate finance and security interest issues—including drafting loan and security documents, judicial foreclosures, trustee sales and contract for deed defaults—as well as escrow issues.

Boone Karlberg and our commercial and banking attorneys recently received accolades from Chambers and Partners USA: "This Missoula-based firm is active in the full range of commercial law matters. The team is retained by a broad client base, including leading banks and businesses."

Creditor Bankruptcy

Boone Karlberg attorneys have years of experience in the area of creditors’ rights as they relate to bankruptcy filings by enforcement of loans, negotiating workouts and forbearance agreements, and generally acting to protect creditors’ rights in connection with insolvent debtors. We have represented  companies and others in complex restructurings, out-of-court workouts, Chapter 11 cases, and litigation matters that arise in many bankruptcy cases.

Real Estate

Boone Karlberg’s real estate lawyers are experienced in transactional arrangements and closings. We have handled real estate matters ranging from large ranch to residential transactions. We are involved in commercial and private lending, and mortgage and investment banking. We work on local and multistate secured financing, as well as title and land damage litigation, and collections through judicial and nonjudicial foreclosures.

Boone Karlberg and our attorneys recently received accolades from Chambers and Partners USA: "This team is known for being respected housing practitioners with experience handling an array of real estate mandates. In demand for its expertise on purchase, sale and lease transactions, as well as on financing and mortgages, enacted on behalf of clients from the real estate, healthcare, and financial sectors."

Elder Law

Boone Karlberg's elder law attorneys are experienced in dealing with numerous issues specific to the elderly and disabled, including conservatorships, guardianships, special needs trusts, asset protection planning, and Medicaid qualification. They have also represented individual and institutional clients in matters regarding elder abuse and exploitation as well as mental capacity issues.