Opinion
PR 23-0275
05-16-2023
IN THE MATTER OF SUZANNE C. MARSHALL, An Attorney at Law, Respondent.
Pamela D. Bucy Chief Disciplinary Counsel
Supreme Court Cause No. ODC File No. 20-015
Pamela D. Bucy Chief Disciplinary Counsel
COMPLAINT
Rules 1.15 and 1.18, MRPC
By leave of the Commission on Practice granted on April 20,2023, the Office of Disciplinary Counsel for the State of Montana (ODC), hereby charges Suzanne C. Marshall with professional misconduct as follows:
General Allegations
1. Suzanne C. Marshall, hereinafter referred to as Respondent, was admitted to the practice of law in the State of Montana in 1994, at which time Respondent took the oath required for admission, wherein she 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. Respondent was previously disciplined in 2000 and again in 2020.
Count One
4. ODC realleges and incorporates paragraphs 1 through 3 of the General Allegations as if fully restated in this Count One.
5. During the period from January 2018 through December 2019, Respondent comingled her personal funds with client funds in her office IOLTA trust account.
6. During the period from January 2018 through December 2019, Respondent kept personal funds in the IOLTA account and paid personal expenses, or certain family members, from the account.
7. During the period from January 2018 through December 2019, Respondent failed to accurately hold and track client funds in her IOLTA resulting in the misuse of client funds. Respondent did not maintain the IOLTA account in accordance with Trust Account Maintenance and Audit Requirements pursuant to Rule 1.18(c)(2), MRPC.
8. By Respondent's conduct outlined above, constitutes violations of Rules 1.15, Safekeeping Property and 1.18, Interest on Lawyer Trust Accounts (IOLTA) Program, MRPC.
WHEREFORE, the Office of Disciplinary 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.