On Tuesday, May 16, 2023, the Disciplinary Counsel for the State of Montana filed a complaint against attorney Suzanne C. Marshall for commingling of her personal funds with the funds belonging to clients.

The case is entitled “In the Matter of Suzanne C. Marshall,” with case no. 20-015.

Allegations were made against the respondent regarding the improper mingling of her personal funds with the funds belonging to clients in her office IOLTA (Interest on Lawyers’ Trust Accounts) trust account. This trust account is meant to hold funds in a segregated manner, ensuring that client funds remain separate from the personal finances of the lawyer.

From January 2018 to December 2019, it is claimed that the respondent disregarded the proper protocol and utilized the IOLTA account for her personal purposes. Personal funds belonging to the respondent were maintained within the IOLTA account, which is primarily intended to safeguard client funds.

Not only did the respondent keep her personal funds in the IOLTA account, but she also allegedly used these funds to cover personal expenses. This included paying for various personal expenditures or disbursing funds to specific family members directly from the IOLTA account.

The filing states:

“During the period from January 2018 through December 2019, Respondent failed to accurately hold and track client funds in her IOLTA resulting in the misuse of client funds. Respondent did not maintain the IOLTA account in accordance with Trust Account Maintenance and Audit Requirements pursuant to Rule 1.18(c)(2), MRPC.”

In lieu of this, the Office of Disciplinary Counsel for the State of Montana (ODC), decided to charge the respondent with professional misconduct.

The request states:

“WHEREFORE, the Office of Disciplinary Counsel prays:

1. That a Citation be issued to the Respondent, to which shall attach 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 makes a report of its findings and recommendations after a formal hearing with 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; and,

4. For such other and further relief as deemed necessary and proper.”

Ms. Marshall attended the University of Montana School of Law, graduating in 1994. She practices in Bozeman, Montana. She is licensed in Montana. Her info can be found on martindale.com.

A copy of the original filing can be found here.