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 Hartford

Supreme Court of Montana

September 4, 2019

IN THE MATTER OF BRANDON C. HARTFORD, An Attorney at Law, Respondent.

          Jon G. Moog Deputy Disciplinary Counsel

          Shaun R. Thompson (Attorney) Representing: Office of Disciplinary Counsel Service Method: eService

          Brandon C. Hartford (Respondent)

          Shelly Smith (Court Reporter) Office Administrator Commission on Practice

          AMENDED COMPLAINT RULES 1.1, 1.2, 1.3, 1.4, 1, 16(D), 3.2, AND 3 ,4,MRPC

         Upon leave of the Commission on Practice granted on April 18, 2019, the Office of Disciplinary Counsel for the State of Montana ("ODC") hereby charges Brandon C. Hartford with professional misconduct as follows:

         General Allegations and Background

         1. Brandon C. Hartford ("Hartford") 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 Disciplinaiy Rules adopted by the Supreme Court, and the highest standards of honesty, justice and morality, including 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. On June 15, 2012, Julie Ostermiller-Replogle ("Julie") hired Hartford on contingency to take over representation of her in a personal injury case resulting from a motor vehicle accident that occurred on December 31,2010.

         4. On August 16,2013, the at-fault driver's insurer. State Farm, offered to settle the case for $17,500. Hartford did not convey the offer to JuUe.

         5. On December 23, 2013, Hartford filed a lawsuit against Thomas Cardwell ("Cardwell"), the father of the at-fault driver, Austin Cardwell, in Yellowstone County District Court, Ostermiller-Replogle v. Cardwell, Cause No. DV-13-1601.

         6. Discovery requests were served on Hartford on April 16, 2014. Hartford failed to forward the discoverv requests to Julie or notify her at all that the discover/ requests were served and required her response. Julie had provided documentation to Hartford pursuant to his request which could have been used to prepare the discoverv responses. Hartford failed to prepare and serve anv discoverv responses to Defendant's First Discoverv Requests.

         7. On March 26, 2015, after defense counsel sent multiple emails and letters seeking the overdue responses, Cardwell filed a Combined Motion to Compel Discovery and to Vacate Trial Date and supporting brief for failure to respond to discovery requests. Hartford did not file a response brief, and the Court granted Defendant's Motion to Compel and Attorney Fees, ordering Julie to respond to defendant's discovery requests within 20 days of the date of the Order.

         8. On December 4, 2015, on Cardwell's motion, Judge Moses dismissed Julie's case with prejudice for failing to respond to ...


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.