On Monday, November 7, 2022, Louisiana Attorney Disciplinary Board recommended the reinstatement of attorney Neil Dennis William Montgomery. The case is entitled In the matter of Neil Dennis William Montgomery with case#22-DB-23.
The Hearing Committee recommended that Neil Dennis William Montgomery be reinstated to the practice of law in the State of Louisiana. This Hearing Committee proceeding follows the filing of a petition and application for reinstatement following a disciplinary suspension of Montgomery by the Louisiana Supreme Court. Montgomery seeks to regain the valuable privilege that he previously lost to be able to practice law in the State of Louisiana.
On August 31, 2018, the Louisiana Supreme Court suspended Montgomery from the practice of law for one year and one day for failing to comply with bar obligations, neglecting legal matters, failing to communicate with clients, failing to account for fees, and failing to cooperate with the ODC in its investigations.
The filing states:
‘With his new period of sobriety and through the help of JLAP and Palmetto, Montgomery was able to begin piecing together his life to a more normal state. He remarried, reinstituted his relationship with his 2 sons, and began employment doing groundskeeping and then as a waiter. He eventually went to work with OMI in December 2019, where he remains employed. At OMI he eventually became a contracts manager. The employment at OMI appears to be a source of stability.
The filing continues:
‘The testimony and exhibits support a conclusion that Mo Montgomery has proven compliance with Section E3. He is sober at the present time. He has pursued and complied with the treatment recommendations of JLAP and his monitoring contract. He has offered evidence of sustained 12 abstinence and of compliance with the recommended healthcare regimen. He has supplied supporting information from JLAP and his healthcare providers.’
The filing further alleges that:
‘The lawyer recognizes the wrongfulness and seriousness of his conduct for which the lawyer was suspended or disbarred. The specific reason that Montgomery was suspended was the neglect of 2 clients. He attributes this to his abuse. While there was not much focus on this point, it is concluded that Montgomery met his burden of showing recognition of the wrongfulness and seriousness of his conduct.’
With these facts, it is concluded by the Hearing Board that Montgomery can satisfy the requirements of “ competency to practice ” required by E7 and the requisite “ honesty and integrity ” to practice e law of E6 with 14 several caveats and requirements.
The Hearing Board recommends:
“The Hearing Committee, therefore, recommends that Neil Dennis William Montgomery be reinstated to the practice of law in the State of Louisiana with the following conditions:
- Mr. Montgomery must refrain from all use of alcohol and illegal drugs and refrain from abusing prescription and non – prescription medication. Any violation of this condition shall promptly be reported to the Office of Disciplinary Counsel;
- Mr. Montgomery must continue under his current JLAP contract/agreement until its conclusion and then must continuously renew his contract/agreement as long as he is licensed to practice law in the state of Louisiana. The terms of the JLAP contract shall include all usual and customary provisions as they pertain to monitoring the use/abuse of alcohol and drugs. JLAP may modify or amend the contract agreement at its full discretion at any time. Proof of renewals of the JLAP contract and copies thereof shall be supplied to the ODC within 10 days of execution.
- Mr. Montgomery will authorize JLAP to provide the ODC with quarterly reports on his compliance with his J LAP agreement;
- Mr. Montgomery shall keep all ordered child support obligations current. He shall supply the ODC with a report every 6 months showing the required payments and proof of those payments;
- Mr. Montgomery shall resolve any obligations to the Internal Revenue Service (U . S . Treasury) and Louisiana Department of Revenue within 180 days of this decision and 16 supply evidence of this to the ODC to the satisfaction of the ODC. In the event, this cannot be resolved in 180 days solely due to the inability to have necessary contacts with the IRS or Louisiana Department of Revenue, the ODC shall have the discretion to extend the 180-day period by an additional 180-day period. 1Mr. Montgomery shall authorize his tax attorney and CPA to communicate with the ODC on this issue;
- In the event, Mr. Montgomery returns to the private practice of law he shall promptly notify the ODC in writing. He shall then be subject to a practice monitor for a period of 2 years. The role of the practice monitor shall be defined by the ODC.”
As of today, Mr. Montgomery is listed on the website of the law firm, The Montgomery Firm, Law Office Of Neil D W Montgomery as a practicing attorney. His info can be found at avvo.com. Montgomery practices in Destrehan, Louisiana. He has been licensed in Louisiana, license #30204.
A copy of the original filing can be found here.