Office of Disciplinary Counsel
Frequently Asked Questions
PLEASE READ BEFORE FILING A COMPLAINT
(Save this portion for future reference.)
ANSWERS TO COMMON QUESTIONS ON FILING A COMPLAINT
AGAINST A MONTANA ATTORNEY
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If I believe an attorney in the State of Montana has
violated the Montana Rules of Professional Conduct, where do I register
a complaint?
You may register a complaint by sending it in writing with the attached Complaint Cover Sheet to:
Office of Disciplinary Counsel
P.O. Box 1099
Helena, MT 59624 - What is the Office of Disciplinary Counsel?
- What are the Montana Rules of Professional Conduct?
- How do I file a complaint against an attorney practicing law in Montana?
- What is attorney misconduct?
- Losing a lawsuit;
- Not fulfilling all of a client's expectations;
- Making an unintentional error in preparing a document; and
- Personality conflicts between a lawyer and client.
- Disclosing confidential information;
- Conflicts of interest;
- Intentionally failing to keep a client reasonably informed of the status of the client's matter;
- Misappropriation of a client's fund; and
- Other forms of dishonesty, fraud, or deceit.
- Is my complaint confidential?
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What happens after my complaint is filed?
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Can I appeal the decision?
If you feel that COP’s dismissal of your complaint was in error, you may file a written request to have the decision reviewed. Likewise, the attorney can request review of a COP recommendation he/she believes improper. The Supreme Court may, in its sole discretion, review the Panel’s disposition upon reconsideration.
Does COP have any jurisdiction over legal matters?
No. COP only has jurisdiction over violations of the Rules of Professional Conduct. ODC and COP cannot handle matters that involve legal malpractice. If you feel that you have been monetarily damaged by your attorney’s actions on your case or if you feel you may have some legal recourse, you should consider discussing the matter with private legal counsel. DO NOT WAIT UNTIL WE HAVE REACHED A DECISION BEFORE TAKING ANY LEGAL ACTION. ODC cannot represent your individual interest in the matter nor can we become involved in any legal matter that might relate to your complaint. We cannot answer legal questions or give legal advice.
How long does it take to resolve a complaint against an attorney?
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What if I feel that my attorney's fees are too high?
Does my complaint relate to “DISHONEST” actions of my lawyer?
The Lawyers' Fund for Client ProtectionUnder special provisions of the Montana State Bar and Supreme Court Rules, a fund has been created to compensate clients for all or part of any losses caused by the “dishonest” conduct of a lawyer admitted to practice in Montana. Under the program, fees are paid by all lawyers throughout the state to assist in compensating members of the public for a Montana lawyer's dishonest conduct when the claimant has no other recourse to recoup the loss. “Malpractice” is not necessarily dishonest conduct, and the distribution of funds is limited to victims of “dishonest” actions. If you feel that you may qualify, contact the Montana State Bar for further information about the Lawyers' Fund for Client Protection.
ODC appreciates your concern in helping to maintain the quality of the legal profession in Montana. You may be assured that all complaints will be handled in an appropriate and thorough manner.
To file a complaint against an attorney, please fill out the attached Complaint Cover Sheet and forward it to our office with your explanation.
The Office of Disciplinary Counsel (ODC) is part of a comprehensive lawyer regulation system established by the Montana Supreme Court. The system consists of ODC and the Commission on Practice (COP). ODC performs central intake functions and processes, investigates and prosecutes complaints against lawyers that are within the jurisdiction of the Court. COP hears and decides the complaints and, in appropriate cases, makes recommendations to the Court for discipline. COP and ODC are under the direct supervision of the Montana Supreme Court. There are nine lawyers and five non-lawyers on the COP. The Court appoints both the lawyer and the non-lawyer members of COP.
The Montana Rules of Professional Conduct are the rules that govern the ethical conduct of all attorneys in the State of Montana.
A complaint against an attorney must be submitted in writing, unless prior approval is received in special circumstances. Complete the attached Complaint Cover Sheet and write a detailed explanation of the reasons you are filing a grievance against the attorney. Include as much factual data as possible (i.e. dates, names, phone numbers, amounts of money involved, witnesses, etc.). If possible, organize the information in chronological order. The complaint must be signed by you. Attach copies of any documents or correspondence that will help explain the complaint; do not send any original documents. If more information is needed, we will contact you.
Attorney misconduct is any violation of the Montana Rules of Professional Conduct. It is important to understand that not all conduct that makes clients unhappy with lawyers constitutes a violation of the Rules of Professional Conduct. Some examples of things that may not constitute violations of the Rules of Professional Conduct, though they may be irritating to the client, include, but are not limited to, the following:
It may be that what the lawyer has done, or failed to do, constitutes malpractice but may not be a violation of the rules. In that event, the client should consult with another lawyer about pursuing a claim for malpractice.
Some examples of unethical conduct that violate the Rules of Professional Conduct, include, but are not limited to, the following:
Ordinarily, we would send a copy of your complaint to the attorney requesting a response. If you do not want us to do that, or you would like our office to talk with you before doing that, you must let us know as part of your complaint. By Rule, complaints are kept confidential unless the complaint is serious enough to require the filing of Formal Charges. The reasons for this are to: (1) protect any confidential communications between the attorney and client; (2) allow the investigation to be conducted in a fair and objective fashion; and (3) to prevent any unfair publicity about the attorney or grievant if the complaint is found to be without substance.
Specifically, Rule 20(d) of the RLDE states:
“Duty of Participants: All participants in a proceeding under these rules shall conduct themselves so as to maintain the confidentiality mandated by this rule.”
Further, Rule 20(a) notes:
“Confidentiality: All disciplinary proceedings which are prior in time to the filing of a formal complaint with the Clerk of the Supreme Court shall be confidential. Upon the filing of a formal complaint, the Commission’s file on the matter shall be subject to discovery.”
In addition, Rule 20(c) states:
“Violation: Violation by any person of any confidential information under these rules shall be punishable as a contempt of the Supreme Court.”
This means that you should maintain confidentiality about the fact that you have filed a complaint against an attorney with this office (except to discuss it with your current lawyer). This is not a prohibition about discussing the underlying facts – we only ask that you communicate about the complaint itself through this office.
When a complaint is received, it is reviewed by the Disciplinary Counsel to determine if a violation of the Rules of Professional Conduct is stated. You will receive a letter from the Disciplinary Counsel informing you either that (1) the complaint does not appear to involve conduct that is within the disciplinary jurisdiction of the Court; (2) more information is needed; or (3) an investigation has been initiated. If an investigation is initiated, the attorney will receive a copy of the complaint and he/she is required to respond in writing to the allegations. Normally, you will receive a copy of the attorney’s rebuttal.
If the investigation established that a violation has occurred, the attorney may receive informal private discipline or, in some cases, formal charges may be filed with the Court. If the attorney received informal or private discipline by the COP, you will be informed of the type of sanction and reasons for it – information concerning informal or private discipline must be kept confidential and is not for release to the public. The discipline ordered after the filing of formal charges can range from public censure to disbarment. COP can also recommend that the lawyer be required to make restitution of client’s funds that may have been misappropriated.
Contrary to what many people believe, COP has no authority to order or force a lawyer to do such things as pay damages to a client for malpractice, arbitrate or settle fee disputes between lawyer and client, or force a lawyer to complete work that he or she has neglected. COP’s jurisdiction is limited to disciplining lawyers for unethical activity and, in more serious cases, recommending discipline by the Court.
COP may dismiss a complaint if the complaint, the attorney’s response, and the complaining party’s response do not indicate that a violation of the rules has occurred. COP may conclude that further investigation and the holding of a hearing is not justified in certain cases.
In cases where the complaint is not dismissed and where it appears that a rules violation has occurred, the misconduct of the lawyer involved must be established either by clear and convincing evidence presented at a hearing conducted by COP, or by the admission of the lawyer involved. Only then, can COP make its recommendations to the Supreme Court.
Each case varies according to its complexity. Cases that are complex or involve the filing of formal charges will take longer. We make every effort to see that the disposition of each complaint is handled as quickly and as thoroughly as possible.
Fee matters are not generally a basis for discipline because they usually do not involve questions of ethics or professional misconduct. There is no such thing as a “standard fee” for a particular type of case. If you feel that your attorney's fees are too high, you may wish to enter into FEE ARBITRATION. Please contact the Montana State Bar at (406) 442-7660 for more information on this procedure.
