On Monday, September 18, 2023, the Supreme Court of Montana received a petition for reciprocal discipline against attorney Robert B. Fleming, an inactive attorney who was previously disciplined by the Attorney Discipline Probable Cause Committee of the Supreme Court of Arizona. The petition was filed by the Office of Disciplinary Counsel in Montana, which seeks to impose similar disciplinary action against Fleming in Montana as a result of the misconduct that led to his discipline in Arizona.
The case is entitled “In the Matter of Robert B. Fleming,” with case no. 22-246.
According to the petition, Fleming was disciplined by the Arizona committee for violating several rules of professional conduct. The discipline was based on Fleming’s conduct in preparing a Special Needs Trust for a disabled adult son, where he named only the son’s father as the sole trustor, despite the fact that the marital settlement agreement and divorce decree stipulated that both parents were to be co-trustees.
The Office of Disciplinary Counsel argues that Fleming’s conduct and the final adjudication of the matter in Arizona meet the requirements under Rule 27, RLDE, for reciprocal discipline in Montana. The petition requested that the court issue an order directing Fleming to inform the court within 30 days of any claim predicated upon the grounds set forth in Rule 27D, RLDE, and, upon the expiration of 30 days, impose the identical discipline unless Fleming demonstrates that the imposition of the identical discipline in Montana would be unwarranted.
According to avvo.com, Mr. Fleming is a trust attorney in Tucson, Arizona. He attended the University of Arizona College of Law, graduating in 1976. He acquired his law license in Montana in 1997.
A copy of the original filing can be found here.
