Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Harris

Supreme Court of Montana

July 31, 2019

IN THE MATTER OF LINDA HARRIS, An Attorney at Law, Respondent.

          ODC File No. 18-058

          Shaun R. Thompson, Office of Disciplinary Counsel

          COMPLAINT

         Upon leave of the Commission on Practice granted on July 26, 2019, the Office of Disciplinary Counsel for the State of Montana ("ODC") hereby files its complaint charging Linda L. Harris with professional misconduct as follows:

         General Allegations and Background

         1. Linda Harris, hereinafter referred to as Harris, was admitted to the practice of law in the State of Montana in 1978, at which time she took the oath required for admission, wherein she agreed to abide by the Rules of Professional Conduct, the Disciplinary Rules adopted by the Montana 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.

         3. At all times relevant, Harris practiced law as a sole practitioner at her firm Harris Law Firm, P.C. at Billings, Montana.

         4. Everett Winkler (hereinafter "Winkler") is a Yellowstone County resident, who has a child with Mary Catherine Decker ("Decker"). On December 6, 2011, Winkler and Decker entered into a Final Stipulated Parenting Plan regarding their minor child, A.W.

         5. On August 25, 2016, Winkler retained Harris to attempt to get the parenting plan amended. On November 21, 2016, on behalf of Winkler, Harris filed a Notice of Motion to Amend Parenting Plan, and the Motion to Amend Parenting Plan, Petitioner's Brief and Affidavit in Support, and Petitioner's Proposed and Interim Final Parenting Plan. Decker retained attorney Christopher King ("King") to represent her.

         6. District Court Judge Michael Moses issued an order on January 31, 2017, requiring the parties to participate in mediation in accordance with the 2011 Stipulated Parenting Plan. King made multiple attempts to contact Harris to schedule mediation. Winkler made several attempts to contact Harris by text and letter after Judge Moses ordered mediation. Harris failed to respond to both King and Winkler and mediation did not take place.

         7. On March 31, 2017, King filed a Motion of Dismissal of All Claims of Petitioner for Lack of Prosecution, with an attached brief and affidavit in support. Harris failed to file a response brief, and on May 15, 2017, Judge Moses issued an order dismissing the petition for failure to prosecute, specifically finding that:

1. All claims of the petitioner be and they hereby are DISMISSED;
2. That all claims of the Petitioner be and they hereby are resolved in favor of the Respondent;
3. That all previous orders of this Court not specifically modified herein remain in ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.