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In re Eveland

Supreme Court of Montana

July 25, 2013

IN THE MATTER OF MARTIN J. EVELAND, A Suspended Attorney at Law, Respondent.

Supreme Court Cause No. ODC File No. 13-123

COMPLAINT

Upon leave of the Commission on Practice, the Office of Disciplinary Counsel for the State of Montana (ODC) hereby charges Martin J. Eveland with professional misconduct as follows:

General Allegations

1. Martin J. Eveland, hereinafter referred to as Respondent, was admitted to the practice of law in the State of Montana in 2003, 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.

Count One

3. ODC re-alleges and incorporates paragraphs 1 through 2 of the General Allegations as if fully restated in this Count One.

4. On February 11, 2013, ODC received an ethics grievance lodged by Respondent's former client, Wade Smith, generally alleging Respondent provided him with incompetent representation.

5. By mailings dated February 22, 2013 (first-class), and March 26, 2013 (first-class and certified), ODC lawfully demanded Respondent's response to the grievance.

6. Respondent acknowledged receiving ODC's certified demand on March 27, 2013.

7. To date, Respondent has failed to provide any response as demanded.

8. Respondent's failure to respond to ODC's lawful demands concerning this grievance violated Rule 8.1(b), MRPC, and Rule 8A(6), MRLDE, resulting in grounds for discipline.

Count Two

9. ODC re-alleges and incorporates paragraphs 1 through 2 of the General Allegations as if fully ...


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