OUR AUTHORITY

 

The Office of Disciplinary Counsel (ODC) is part of a comprehensive lawyer regulation system established by the Montana Supreme Court. The system consists of ODC and the Commission on Practice (COP). COP and ODC are under the direct supervision of the Montana Supreme Court. The Court appoints the Disciplinary Counsel. There are nine lawyers and five non-lawyers on the COP. The Court also appoints both the lawyer and the non-lawyer members of COP.


ODC performs central intake functions and processes, investigates and prosecutes complaints against lawyers that are within the jurisdiction of the Court. COP hears and decides the complaints and, in appropriate cases, makes recommendations to the Court for discipline. 

ODC has the authority to investigate:

  • All matters involving possible misconduct;
  • All matters involving possible disability;
  • Prosecution of disciplinary and disability proceedings;
  • Overdraft notifications of escrow accounts; and
  • Petitions for reinstatement.

To learn more about ODC and its responsibilities, browse through our web pages.

RULES

 

The Rules for Lawyer Disciplinary Enforcement are the Rules which govern the attorney disciplinary process as a whole. These Rules are set forth by the Montana Supreme Court. 


The Rules which govern attorneys are the Montana Rules of Professional Conduct, also set forth by the Court.  


The ODC refers to your complaints as grievances. Grievances filed with our office allege violations of the Montana Rules of Professional Conduct.  Filing a grievance with our office does not stop pending litigation and is not a substitute for judicial remedies. ODC cannot:


  1. Give legal or ethical advice OR refer you to legal counsel;
  2. Initiate malpractice claims or suits;
  3. Demand immediate recourse of an attorney (i.e. return fees, answer your phone calls);
  4. Process grievances against law enforcement and probation officers;
  5. Accept grievances against judges; or
  6. Investigate claims of discrimination (race, age, sex).

Additional information for these circumstances may be found on our resources page.


fILE A GRIEVANCE

Contact Us

Office of Disciplinary Counsel

24 West Sixth Ave, 5th Floor

P.O. Box 1099

Helena, MT 59624-1099

Tel: 406.442.1648

Fax: 406.442.2689