On Tuesday, August 2, 2022, the Office of Disciplinary Counsel for the State of Montana filed charges for attorney discipline against Livingston attorney Courtney Lawellin alleging professional misconduct.
The case styled “In the Matter of Courtney Lawellin” is being heard by the Commission on Practice of the Supreme Court of the State of Montana. Case #ODC File No. 21-155.
The charges cited Lawellins’s violation of The Montana Rules of Professional Conduct specifically Rules 1.1, 1.3, 1.4, 1.16, 3.2, and 8.4.
David Cease of DC Property Inspections retained Respondent to represent him in a suit for acts of Professional Negligence filed in Fergus County District Court. Respondent filed an Answer on Cease’s behalf. Thereafter Respondent failed to provide Cease updates on his case. In late 2020, Cease discovered that a Default had been entered against him. After several attempts to contact Respondent by phone and email, Cease eventually located Respondent in Livingston, where she was serving as the City Attorney. Respondent apologized and admitted that she had essentially abandoned the case. Respondent returned the unearned portion of his retainer amounting to $4,170.25.
Cease, in early 2021, hired a subsequent counsel, who attempted to have the default set aside after having discovered Respondent’s failure to respond to discovery, attend numerous scheduling conferences and a scheduled mediation. Cease’s remedial measures, were limited; the default had been entered nearly six (6) months prior. However, due in part to the length of delay caused by Respondent and her abandonment of the case, the default was not set aside. The case eventually resulted in an assessment of damages to Cease of $10,500 in addition to the $4,000 paid to the new attorney’s fees and related costs.
The Complaint states:
“Upon ODC inquiry of Respondent, she admitted she “made mistakes which led to the default of [Cease’s] case”, and that additional arrangements to compensate him had not occurred.
Respondent began caring for an ill family member during this time, and then, during the pandemic, certain mental health and personal issues for Respondent were exacerbated. These factors contributed to the delays in Cease’s case and her overall abandonment of this matter.”
Accordingly, the Office of Disciplinary Counsel for the State of Montana requests that the Commission on Practice of the Supreme Court of the State of Montana prays:
“1: That a Citation be issued to the Respondent, to which shall be attached a copy of the complaint, requiring Respondent, within twenty-one (21) days after service thereof, to file a written answer to the complaint;
2: That a formal hearing be had on the allegations of this complaint before an Adjudicatory Panel of the Commission;
3: That the Adjudicatory Panel of the Commission make a report of its findings and recommendations after a formal hearing to the Montana Supreme Court, and, in the event the Adjudicatory Panel finds the facts warrant disciplinary action and recommends discipline, that the Commission also recommend the nature and extent of appropriate disciplinary action, including an award of costs and expenses incurred in investigating and prosecuting this matter;
4: For such other and further relief as deemed necessary and proper.”
According to LinkedIn, Ms. Lawellin attended Thomas Jefferson School of Law, graduating in 2006. She is currently listed as a city attorney by the Livingston Montana website. Lawellin practices in Livingston, Montana. She is licensed in Montana.
A copy of the original filing can be found here.