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In re Kohn

Supreme Court of Montana

April 25, 2017

IN THE MATTER OF BRIAN K. KOHN, A Suspended Attorney at Law, Respondent.

          COMPLAINT

         The Office of Disciplinary Counsel for the State of Montana ("ODC"), hereby charges Brian K. Kohn with professional misconduct as follows:

         General Allegations

         1. Brian K. Kohn, hereinafter referred to as Respondent, was admitted to the practice of law in the State of Montana in 1994, 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. In 2014, William Beeman ("Beeman") hired Respondent to handle his divorce. Beeman paid Respondent $2, 500.00.

         5. On September 9, 2014, Kohn filed a Petition for Dissolution of Marriage on Beeman's behalf in Yellowstone County District Court.

         6. Beeman reconciled with his wife for a period of time but eventually asked Respondent to proceed with the divorce. At that time, Beeman paid Respondent another $2, 500.00.

         7. By Order of Discipline dated March 10, 2015 (Case No. PR 14-0468), the Montana Supreme Court suspended Respondent for 60 days starting May 1, 2015.

         8. On February 25, 2016, an Information was filed in Yellowstone County District Court against Beeman charging him with alternate counts of Assault with a Weapon or Aggravated Assault. He was also charged with misdemeanor Criminal Possession of Drug Paraphernalia.

         9. Beeman hired Respondent to defend him in the criminal case and paid Respondent $2, 000.00 and then $1, 500.00 for a total of $3, 500.00.

         10. On March 3, 2016, Respondent appeared with Beeman at the arraignment.

         11. By Order of Discipline dated July 5, 2016 (Case No. PR 15-0626), the Montana Supreme Court suspended Kohn for ...


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