IN THE MATTER OF MATTHEW A. BRYAN, An Attorney at Law, Respondent.
Moog Office of Disciplinary Counsel
COMPLAINT RULES 1.1, 1.3, 1.4, 1.15(B), U6(A),
7.1(A), 8.1(B), 8.4(C), MRPC, AND 8A(6), MRLDE
leave of the Commission on Practice granted on January 10,
2019, the Office of Disciplinary Counsel for the State of
Montana ("ODC"), hereby charges Matthew A. Bryan
with professional misconduct as follows:
Matthew A. Bryan, hereinafter referred to as Respondent, was
admitted to the practice of law in the State of Montana by
Rule V Petition in January 2018, 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.
Respondent was admitted to the Georgia Bar on October 31,
Respondent prepared the Andy H. Swain Revocable Trust (the
"Trust") for Andy H. Swain, a resident of Georgia.
The Trust was executed on July 1, 2011 and named Respondent
as successor Trustee.
Respondent witnessed the Trust and notarized his own
signature on July 1, 2011.
Swain passed away in 2013.
named beneficiaries to the Trust were Mr. Swain's
grandchildren, Taylor Swain Mills (Taylor), A.S. (minor), and
terms of the Trust required Respondent to distribute $ 12,
000 per year to each of the beneficiaries for
support/maintenance or post-secondary education, with some
January 1, 2014, the Trust had a market value of
approximately £398, 000.00 in cash, equities, fixed
income securities, and municipal bonds and notes.
Sometime in 2016, Respondent left his law firm and the state
of Georgia without notifying the beneficiaries, providing any
information regarding the location or balance of the Trust,
or providing future contact information.
After her grandfather's death in 2013, Taylor was
unsuccessful in her attempts to contact Respondent until she
was finally able to locate and contact Respondent in July
2016 to request payment of tuition for nursing school.
Respondent replied that he was no longer with his previous
firm, his life was in "upheaval," his wife was
sick, his family was homeless, and he had no cell phone or
access to Wi-Fi, but that he would get the Trust file out of
There was no further communication from Respondent until his
reply to Taylor's September 2016 email in which he
apologized for the delay and advised her tuition and books
would be paid. ...