Opinion
PR 22-0416
11-09-2022
IN THE MATTER OF ANTHONY D. PLATT, An Attorney at Law, Respondent
ORDER
On August 2, 2022, the Office of Disciplinary Counsel (ODC) filed a formal disciplinary complaint with the Commission on Practice (Commission) against Montana attorney Anthony D. Platt. The disciplinary complaint may be reviewed by any interested person in the office of the Clerk of this Court.
On October 13, 2022, Platt, via counsel, tendered an admission and affidavit of consent pursuant to Rule 26(B)(3) of the Montana Rules for Lawyer Disciplinary Enforcement (MRLDE). While offering a different characterization regarding some of the events that transpired with A.B., Platt acknowledged that the material facts of the complaint were true and that he had violated the Rules of Professional Conduct as alleged by ODC.
After ODC concurred with Platt's tendered admission, the Commission set the matter for hearing on October 20,2022. Platt did not personally appear but was represented by counsel.
On November 1, 2022, the Commission submitted to this Court its Findings of Fact, Conclusions of Law, and Recommendation for Discipline in which it recommended that this Court approve Platt's conditional admission and enter an order imposing the agreed-upon discipline.
We agree with the Commission's recommendation. In his conditional admission, Platt admitted that he engaged in inappropriate communications with a client whom he represented in a dependent-neglect proceeding as appointed counsel with the Great Falls Office of Public Defender and that his unwelcome intentions toward his client ultimately resulted in Platt pleading nolo contendere to a charge of Official Misconduct and having a Stalking/ charge dismissed pursuant to a plea agreement. Thus Platt violated M. R. Pro. Cond. 1.16 by failing to withdraw his representation of the client when his ability to represent her was impaired by his physical or mental condition or for other good cause, and M. R. Pro. Cond. 8.4(b) for misconduct as evidenced by his conviction for Official Misconduct.
Based upon the foregoing:
IT IS HEREBY ORDERED:
1. The Commission's Recommendation that we accept Platt's Rule 26 tendered admission is ACCEPTED AND ADOPTED.
2. Platt is indefinitely SUSPENDED from the practice of law for a minimum of one year. 3. Platt shall pay the costs incurred by ODC and the Commission in connection with this matter. .
4. Prior to reinstatement, Platt must comply with the following conditions:
(a) undergo a mental health evaluation by a licensed psychiatrist or psychologist at Platt's expense, with reports submitted to ODC;
(b) execute releases allowing ODC to discuss Platt's reports, ' findings, recommendations, and treatment progress with his providers; and
(c) comply with MRLDE 30 and 32.
5. If reinstated, Platt must comply with the following conditions during a three-year probationary period:
(a) comply with all recommended treatment plans of his mental health providers;
(b) participate in ODC's Mentorship Program and complete the supervised task checklist; and
(c) obey all laws and the Montana Rules of Professional Conduct, with any violations thereto constituting a violation of a court order resulting in further disciplinary action.
6. Pursuant to MRLDE 26(D), the Clerk of this Court is directed to file copies of Platt's Conditional Admission and Affidavit of Consent, together with the Commission's Findings of Fact, Conclusions of Law, and Recommendations for Discipline.
The Clerk of this Court is directed to serve a copy of this Order of Discipline upon counsel for Anthony D. Platt, and to provide copies to Disciplinary Counsel, the Office Administrator for the Commission on Practice, the Clerks of all the District Courts of the State of Montana, each District Court Judge in the State of Montana, the Clerk of the Federal District Court for the District of Montana, the Clerk of the Circuit Court of Appeals of the Ninth Circuit, and the Executive Director of the State Bar of Montana.