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In re Aklestad

Supreme Court of Montana

January 24, 2014

IN THE MATTER OF BRADLEY L. AKLESTAD, A Suspended Attorney at Law, Respondent.

Jon G. Moog Deputy Disciplinary Counsel.

COMPLAINT

By request of a Review Panel of the Commission on Practice, the Office of Disciplinary Counsel for the State of Montana hereby charges Bradley L. Aklestad with professional misconduct as follows:

General Allegations

1. Bradley L. Aklestad, hereinafter referred to as Respondent, was admitted to the practice of law in the State of Montana in 2004, 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 realleges and incorporates paragraphs 1 through 2 of the General Allegations as if fully restated in this Count One.

4. On February 25, 2010, Respondent submitted a notice of appearance in the probate matter of the Estate of Donald Coons, Toole County District Court Cause No. DP-2004-045.

5. Respondent's appearance was a substitution of counsel from his deceased associate Rae Kalbfleisch and was in response to the court's Order to Show Cause why the Estate remained open.

6. Respondent's appearance was on behalf of the Estate's personal representative, Terry Coons, the son of the decedent Donald Coons.

7. Respondent also submitted a Notice to the court on February 25, 2010, stating that he had been retained by the personal representative and expected to complete the matter within the following six months.

8. Respondent failed to complete the matter as indicated, and the court issued another Order to Show Cause why the Estate remained open on February 4, 2011. However, Respondent failed to respond to the order.

9. The court issued yet another Order to Show Cause why the Estate remained open on January 6, 2012. Respondent again failed to respond.

10. Having received no response, the court issued an Order on April 30, 2012, directing the closure of the case within 30 days absent ...


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