Opinion
22-002
01-26-2023
IN THE MATTER OF GREGORY P. JOHNSON, An Attorney at Law, Respondent.
Pamela D. Bucy Chief Disciplinary Counsel Office of Disciplinary Counsel
Pamela D. Bucy Chief Disciplinary Counsel
Office of Disciplinary Counsel
COMPLAINT
Rules 1.15 and 1.18, MRPC
By leave of the Commission on Practice granted on January 12, 2023, the Office of Disciplinary Counsel for the State of Montana (ODC), hereby charges Gregory P. Johnson with professional misconduct as follows:
General Allegations
1. Gregory P. Johnson, hereinafter referred to as Respondent, was admitted to the practice of law in the State of Montana in 1983, at which time he took the oath required for admission, wherein he agreed to abide by the Rules of Professional Conduct, the Disciplinary Rules adopted by the Supreme Court, and the highest standards of honesty, justice and morality, including but not limited to, those outlined in parts 3 and 4 of Chapter 61, Title 37, Montana Code Annotated.
2. The Montana Supreme Court has approved and adopted the Montana Rules of Professional Conduct (MRPC), governing the ethical conduct of attorneys licensed to practice in the State of Montana, which Rules were in effect at all times mentioned in this Complaint.
3. At all times pertinent to this Complaint, Respondent was and is a solo practitioner with an office located in Billings, Montana.
Count One
4. ODC realleges and incorporates paragraphs 1 through 2 of the General Allegations as if fully restated in this Count One.
5. In approximately February 2021, G.L. retained Respondent to represent him in a variety of misdemeanor charges in Billings Municipal Court. G.L. paid Respondent a $4,750 retainer, which included an advanced expenses payment of $250.
6. G.L. filed a grievance with ODC in December 2021, wherein he alleged Respondent failed to adequately communicate and competently advocate for him during his representation.
7. ODC's investigation did not uncover clear and convincing evidence to support G.L.'s allegations; rather ODC found issues with Respondent's handling of client funds.
8. Respondent's fee agreement is depicted as a "Flat Fee - Including Expenses" agreement. The agreement specifies G.L. is responsible for costs above and beyond the $250 advanced expenses fee, and that in the event the representation is terminated prior to completion, G.L. will be billed at Respondent's hourly rate of $300, which total will be deducted from the prepaid amount, in addition to costs.
9. Respondent tracked his time and costs, which in total were reasonable and comported with the MRPC.
10. Respondent failed to place any of the advanced fees, and costs into his IOLTA/Trust Account. Respondent collected and treated the entirety of the fees and costs as "earned upon receipt". Respondent's invoices reflect he had not earned the entirety of G.L.'s fees until approximately two months after the representation commenced.
11. The MRPC specifically outline not only must advanced fees and costs be deposited into IOLTA/Trust Account, but rather, they may only be withdrawn as they are earned.
12. Respondent's failure to deposit G.L.'s unearned fees into his IOLTA/Trust Account, constitutes a violation of Rules 1.15 and 1.18, MRPC.
WHEREFORE, the Office of Disciplinaiy Counsel prays:
1. That a Citation be issued to the Respondent, to which shall be attached a copy of the complaint, requiring Respondent, within twenty-one (21) days after service thereof, to file a written answer to the complaint;
2. That a formal hearing be had on the allegations of this complaint before an Adjudicatory Panel of the Commission;
3. That the Adjudicatory Panel of the Commission make a report of its findings and recommendations after a formal hearing to the Montana Supreme Court, and, in the event the Adjudicatory Panel finds the facts warrant disciplinary action and recommends discipline, that the Commission also recommend the nature and extent of appropriate disciplinary action, including an award of costs and expenses incurred in investigating and prosecuting this matter; and, 4. For such other and further relief as deemed necessary and proper.