IN THE MATTER OF TERRY A. WALLACE, An Attorney at Law, Respondent.
Moog Deputy Disciplinary Counsel Office of Disciplinary
Office of Disciplinary Counsel for the State of Montana
("ODC"), hereby charges Terry A. Wallace with
professional misconduct as follows:
Terry A. Wallace, hereinafter referred to as Respondent, was
admitted to the practice of law in the State of Montana in
1972, 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.
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.
realleges and incorporates paragraphs 1 through 2 of the
General Allegations as if fully restated in this Count One.
2009, Karrie Lynn Serrania ("Serrania") went to a
dentist for a toothache. In 2011, the dental clinic,
Discovery Dental Group, PLLC ("DDG"), turned over
Serrania's account to a collection agency, LPH, Inc.,
d/b/a Northwest Collectors ("LPH").
filed a complaint against Serrania in Missoula County Justice
Court, but the complaint was eventually dismissed after
Serrania filed counterclaims that exceeded the Justice
Court's jurisdiction. At its core, this was a debt
collection case involving $1, 113.12.
2012, Serrania sued LPH and DDG in the Fourth Judicial
District Court, alleging that LPH violated the Fair Debt
Collection Practices Act ("FDCPA"), that DDG
committed credit defamation, and that both violated the
Montana Consumer Protection Act. Serrania sought to recover
approximately $650, 000 in damages. LPH and DDG
counterclaimed for breach of contract and unjust enrichment.
lawsuit, Cause No. DV 12-781, was filed by Respondent as
Order dated January 7, 2014, the District Court dismissed the
action against LPH with prejudice.
August 2014, Serrania settled with DDG.
Order dated January 18, 2015, after remand from the Montana
Supreme Court pursuant to its Opinion issued April 28, 2015
(2015 MT 113), the District Court imposed ...