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In re Begley

Supreme Court of Montana

January 14, 2019

IN THE MATTER OF PATRICK G. BEGLEY, An Attorney at Law, Respondent.

          Jon G. Moog Deputy Disciplinary Counsel Office of Disciplinary Counsel

          COMPLAINT RULES 8, A(5), MRLDE, AND 3.4, 8.1 AND 8.4(C), MRPC

         Upon leave of the Commission on Practice ("Commission") granted on January 11, 2019, the Office of Disciplinary Counsel ("ODC") hereby charges Patrick G. Begley, an attorney at law admitted to practice before the courts of Montana, with professional misconduct as follows:

         1. Patrick G. Begley, 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, agreeing 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 law 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 a prior Rule 26 proceeding before the Commission (Montana Supreme Court Cause No. PR 16-0237; ODC joined file Nos. 15-013 and 15-086), Respondent submitted a Conditional Admission and Affidavit of Consent (attached hereto as Exhibit 1) in which he admitted that his conduct violated Rules 1.1, 1.3, 1.4, 8.1(b), 8.4(c), 1.15, and 1.18, MRPC, and Rule 8A(6), RLDE, and consented to specified discipline.

         5. A Rule 26 Hearing was held before the Commission on January 11, 2017.

         6. On March 13, 2017, the Commission submitted to the Court its Findings of Fact, Conclusions of Law, and Recommendation that Respondent's conditional admission be accepted (attached hereto as Exhibit 2).

         7. By Order dated March 21, 2017 (attached hereto as Exhibit 3), the Court accepted and adopted the Commission's recommendation and ordered Respondent to:

a. Attend a public censure before the Court;
b. A two-year term of probationary status [effective the date of the Order] with the following terms and conditions:
i. maintain a manageable level caseload;
ii. obtain a mentor, subject to ODC's approval, to monitor his practice and review the state of any ...

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