A fourth generation Hattiesburg native, an Iraq and military veteran, and a 1983 graduate of the University of Mississippi Law School, Brian Montague has established an AV rated, well-respected neighborhood law practice focusing on trying cases in state and federal court, corporate and transactional work, insurance defense and coverage, personal injury and wrongful death, residential construction and development issues, and estate probate and administration. Following two military-related interruptions of his practice since 2004 and the privilege of service as an assistant district attorney, Mr. Montague re-established his practice in Hattiesburg in 2011 and recently completed a law office in the Bellegrass Office Park on Highway 589. His background includes hundreds of court appearances, bench and jury trials, service to all varieties of businesses and individuals, local government entities, contracts and transactions, and certain criminal defense. See Practice Areas.
Mr. Montague is a graduate of Vanderbilt University (BA ‘81), University of Mississippi Law School (JD ‘83), the Judge Advocate General’s School (JA Officer Basic and Advanced Courses, 1992 and 1994), and the Command and General Staff College (Command and General Staff Officer Course, 2001).
Mr. Montague is admitted to practice before the Mississippi Supreme Court, the United States District Courts for the Northern and Southern Districts of Mississippi, United States Court of Appeals for the Fifth Circuit, the United States Court of Military Appeals, the Mississippi Court of Military Appeals, the District of Columbia Court of Appeals, and the United States District Court for the Western District of Louisiana (pro hac, 1991).
Professional memberships include membership in the American Bar Association, Mississippi Bar Association, Mississippi Defense Lawyers Association, Bar Association of the Fifth Circuit Court of Appeals and District of Columbia Bar Association.
Writings include a paper presented in 2011 to a Continuing Legal Education Event in Hattiesburg on Intestate Estate Administration in Mississippi, a presentation to Iraqi tribal leaders in 2009 on the Iraq-US Security Agreement, a paper presented in 2008 to the Hattiesburg Home and Products Show and in 2007 to South Mississippi homebuilders seeking certified builder status entitled Residential Construction Defect Claims and Litigation, a Mississippi Law Journal case note on exculpatory clauses in residential leases, published at 52 Miss. L. J. 913 (1982), a 2003 paper presented to the Hattiesburg Kiwanis Club on the Mississippi Civil Justice Reform Act of 2002 , entitled One Year Later:
A Look at Civil Justice Reform in Mississippi, and a joint effort with the Office of the First U.S. Army Staff Judge Advocate to publish locally at MOB Center Shelby a Commander’s Legal Guide, a thirty-four page reference for military commanders on non-judicial punishment of soldiers, trial by courts-martial, obtaining and preserving evidence, pretrial restraint and confinement, administrative law, Lautenberg Amendment, standards of conduct, UCMJ Article 31 (Fifth Amendment) rights, and other matters of military law.
Mr. Montague has also authored and presented lectures and briefings to thousands of commanders and soldiers as part of their training prior to deployment to Iraq and Afghanistan on these subjects: Law of War (including Geneva Convention, humanitarian treatment of combatants and non-combatants, and rules for use of force), the Uniformed Services Employment and Re-Employment Rights Act (USERRA), Service members’ Civil Relief Act (SCRA), fraternization, government ethics rules, and wills and powers of attorney.