11/18/2020

FILED Case Number: PR 20-0262

NOV 1 8 2020 Bowen Greenwood COOfO,IS VON n:J PRAcMC;E.

Clerk of Supreme Court oP 11.-1E,a)PRE-ME COURT State of Montana STATE OF i1401-1TAIIIA • RAI 09 2021) ptrQu tae,COMMISSION ON PRACTICE OF THE $upiwyjE COURT OF THE STATE OF MONTANA.

IN TFIE MATTER Of SVpreMe CoUrt CatiSe No:PR 20-0262 JENNIFER WEBBER, COintriiS Fi--16 NOS. 19,t094 and.20,010 An Attorney at Lavv, FINWINO:Or FACT,,PNCLV-SIQN§.

OF LAW AND RECQMTONDATION FOR DISCIPLIIsit • ResPondent.

A hearing on kespondent Jennifer Webber's Conditional Admission and Affidavit ofConsent("Conditional Admission")came before an. Adjudicator)/ Panel ofthe Commission on Practice on October. 15, 2020 by virtual Means. Panel members participating were Chair Ward" ice Taleff, Brad Belk; ichael Black,Pat DelitieS, Jean FaUre, Lori Maloney, Lois Menzies,:Dan O'Brien, Randy Ogle and Heather Perry. The (:Iffice ofDisciplinary Counsel was represented by Chief Disciplinary CounSel Pam Bug. Respondent appearedpro se Based upon the Conditional AdmisSion and Affidavit ofConsent; a's. well as the statements and informatio4 presented at-the hearing,the Commission makes the following factual findingš,reacheS the folloWing eonelušions oflaW and eriters:its rebOrnitiendiitiOn for Discipline..

FINDINGS OF PACT 1., Jennifer Webber("Webbee), was admitted tO the praCtiCe offlaW ih :Montahd in 2013, at which::time she Wok the oath itOired for achni'ssion and agreed to abide by the Itules ofProfessional conduct,the Oiseiplipary Rules adopted by the:SUprethe and the highest StandardS:ofhaneitY,jtiStiCe and morality, including but:not iitnited to, those set forth in partS 3 and 4 of Chapter $1, Title 37,Montana Code Annotated.

The MOntana §Opreine COnrt hat apprOved and ad.opted the Montana Rules of Trofessional condupt CMRPC"),governing the ethical conatictqf attorneySlieensed practide Montana, Which Rule§ Were irteffect at ,alftirrie'S MentiOned in* epnwfoiw flied in.this matter.

3. The Complaini on which the Conditionati4dmission:is based followed grievances by James Weber and his spouse (collectively "the Jaines" to avoid confusion due to the similarity with Respondent's name), and Janice and Randy Gill ("the Gills").

4. The James' Matter involves the following admitted facts: a. The James retained Webber in March 2019 to assist in their estate planning. After two meetings discussing their needs, the James paid Webber a $2,700 retainer and gave her pertinent and necessary information to begin drafting their éstate planning documents.

b. The James attempted tO contact Webber by phone and email on 2- numerous occasions,but she failed to respond to them until May 4,2019, a:her they requested a reftind ofthe unearned portion ofthe retainer and the return oftheir original documents.

c. When she spoke with thelames on MaY 4,2019, Webber informed them of her recent health issueS and offered to deliver the final draft oftheir estate planning documents. The James agreed to meet on the day Webber suggested and requested that she confirm the meeting with them. Webber failed to= respOnd to the James''email, tailed to meet with them, and failed to provide the docurnents she asserted were complete.

d. The James and their daughter made several additional attempts to contact Webber, without success. In their last correspondence,the James deMarided,a refund &the Unearned retainer and their.original dO6UnientS. Webber fpitod,to.1op:90.

e. After collecting $2,700 from t4p Jw119§, W-Olpgr failed to 'complete te legal serVice for Which she Was hired and failed to reftind all or a pOrtion of the retainer to the James, despite their requests.

Webber faile4fo fite1*It COrnplete the éState Panning &CU-Merit§ for the James and failed to provide any work product or send them a billMg statement. As a result, the James were forced to hire another lawyer, who prepared their estate planning documents within days and charged $855.

g. Webber informed the James she was havinghealth problems which -3 7 caused the delay and lack of communication. Once she became aware hey health issues impaired her ability to represent the James diligently and to reasonably c()mmunicate with them, Webber was,obligated to withdraw from representing them.

h. The JaineS'SOnglifand obtained a defaultjUdginent againSt Webber for return ,oftheir full retainer payment and documents,pluS costs expeopo,fot tOtaj of $2,805. Subsequent the *it-kg ofthe Comptaiw in this matteri Webberpaid the:-jnagnientin MI and rettirried the eopieS OftheeSSeritial AbentrientS previded tO 'her by the James.

i. Webber failed to proVidd aWritteri foe 4gredrde-rit br other wriling monprjoizitig. fo 0..rr.afIgMeft, including the:scope Of repreSentation and.bašis or rate ofthe fee, ofR.ule l.5(b), mi;qct., Afto th6.hit* paid Webber a $2,700 refaioer zn Mir& she *did, not deposit any ofthe funds into her IOLTA trust account.

5. The GillS Matter inVolVesthe thlloWing adinitied APrii:2019, the hired Webber tO 4”tthOtiitt sOki,Pg guardianship ofRandy Gill's mother, L.M.O., and conservatorship over her estate.

Webber's first Meeting with the Gills was on April 8, 2019, on a Friday afternodn.

The Gills paid Webber $100 in cash at the initial meeting for the ,filing fee and subsequently paid Webber $2,500 by credit card for her retainer. The Gills ekpressed the matter was urgent due to specific family dynamics arid theY were -4 already aCting as L.M.G.'s primary caregivers.

b. Webber prepared the docurnents over the weekend, and on April 11, 2019,filed the necessary paperWork to initiate the guardianship and conservatorship on the Gills' behalf. The court ordered the appointment of a physician, visitor attorney and Gills as temporary co-guardians and co- conservators. Letters of Guardianship and Conservatorship wcre obtained on April 12,2010, The temporary conservatorship/guardianship would expire. October 12, 2019.

c. Over the next six months, the Gills attempted to contact Webber numerouS timéS b'Y phOne callk text messages and ernails. Webber did not reSpond to any conntunications during that,tirne.

d. On Septernber 12,2019, Webber filed a motion to extend the tetriPorary guardianshiP, which the Court granted on SePteinber 24,2019,and scheduled a hearing for Novernber 7, 2019, Webber failed to notifi Gills ofthe hearing.

The Gills were forced to hire and pay a new attorney, Andrew Billstein CBillsteinu)to complete the guardianship/conservatorship matter.

Billstein's firm charged the Gills $500 plus costs.

f. On October 25,2019,Billstein attempted to cOntapt Webber and requested that she sign and return an attached notice, ofsubstitution of counsel. He indicated tiine Was ofthe essence. Webber failed to tithely respond and Billstein -5- Was forced to seek.substitution without twr coopergto,co4s4li g, Billstein SucceSsfully completed the gnardianship and COnSerVatorShip matter after the December 5,2019 hearing, when Gills were appbinted full co- guardians and co-conservator, h. On April 5,2019, Webber ciallected a $2,500 rdtainer fiom the Gills but to 0041Plete the wOrk fOr*hith thoy hite4 hei to, do .fvqr $fitgoib suggested the refund the unearned portion athe retainer arid after the Gills , requested a refund of at least $2,000, Webber failed at. the time to refUnd any portion of the retainer despite knowing the Gills-were due'at least a partial refimd.

Aftei the filing ofthe Complaintin thiS matter, Webber retuined the full retainer of $2,500 to the GillS.

i. Webber asserts her health issues affected fle. ability to complete the legal seMbes for which she Was hired and to respond to GillS' and Billstein's attempts to contact her, causing celay.

.1. A r Gills paid het a $2,500 retainer in April 2019 ebber did not.

deposit any ofthe funds into her IOLTA trust account.

6. Webber-tendered her admissions in exchange fcr the following discipline; to Which the ODC concurred: a. An indefinite suspension for a minimum ofseven (7) months; b. Pi to reinstatement, she must comply with the following conditions: r. Undergb a`mental health evaluation by a licensed clinical psychiatrist or psychologist at her own expense and submit the evaluation report to the ODC; Provide releaSes to allow the ODC and her mental health care providers to discuss the reports and ilndings and her continued treatment progress; and, iii. Comply-with Rules 30 and 32, MRLDE.

c. upaii rehistatenient, she musi comply with the folloWifig'cotiditiOn fot a petted ofthree(3) yearS: ' i. Comply with all recommended treatment plan(s) of her mental health,care prOVidefs and aantinue-treatMent for -pursuant to the recommended treatment plan(s) ii. Contintie tò ConSult With the ASSistartái Program.

(LAP)Coordinator and :file With the QDC. his or btor Written recommendationsfor the means by*ph Web* pan best address the en-lot:long'and Mental health iSsueishehad been faeingifi order tO allqw ho to effectively and ethically return to thp:matOe oflaw; iii. Continue to meet with Mr. Larson,.his succeSsior or delegate monthly by phone or in person andior attend a LAP meeting held in the nearest city to her weekly or as often as the meetings take place; iv. Participate in the ODC Mentorship Prograrn and complete the SUPerViSed task Checklist; 'D(1.101(R)5T I einli powloin iaqqam 'op palp4 sBm atls momm ,toj popubs pSai bioldwoo tulgej pile silo by puv souni by wag obj. ontuoseatua 2upoolloo •17 odliiiq opra pappap, Jaqqam tal.11ribul ipy 131 puodsal 11110j. 4ei spuipfbi0„iy,TAk.0:itopinanuO6 '410.06$bb.i‘612.tillt1 Ág. £ .actm bltia-pplp.M# boubS120 yipyi dog OuTel'b.1 Ro4,4, aoj sautpf ayjo uoplubsagiba Ino krTup amiT-ej s_rpociam "7: ubbti.OAtti $1.110.0040 $11,14 .144040404ipripboogr Ottopoipspt1[-IIV :suo!šujouoo bip00t.b.1-060.4110.TOD. on.bcp 1.061 lb.s-$104,pb*tupt 00(Tri 0§#14 Min ff0 SKOISOIDNI03 41!AA uOpotiuob tit b - opowct uo uoissiurtutO otip 45.1ttjgalbSliti -bbajo by Kg pa.T,Inpul,s12-03Jo luatuicua -p -QuIldiosT aoyarg u! mri§b.1 Him pue 4bp.lo4.1noo v_ Jo uppIoi4 0311111st166: ifIkvabylbjo Lioftim aoj clonpuop Ituo!ssajoad Jo pip-u pumu* pur smxj:paapoj pue bpis Xaqo *In puu !to:It-vox:Ltd 6121.11.iblipu pur riatubutretti:asub 61 ontrelb:i šb,inpbbojd brOnbapg `uppyr 'pl.pp.uctrk§' Lio.cfn `0a0 pLT snp!Aoid ono tiwati `.-toluaw IBA6Adu uoupto,:ploinpit jo oopouad ojos ay. ag-aua 16N *A 4:. By hot failure to tioely return theiame5' original doctimeMs2.and refund the unearned fees Webber violated Rule 1:16(d) MRPC I By- failit*to praVide a Written fee agreement,or other *dal* memorializing the-tee arrangement,including the scope pfrepresentation and basis Or rate ofthe fee, Wthber violated Rule 1.5(b), 6. Once she became aware her health issues impaired her ability to represent,the James and the Gills diligently and to reasonably communicate with theM, Webber was obligated to withdraW front representingthem. Her inability and failure to, do so violated Rule 1.16(a) MRPC.

7. Webber's failure to deposit the James' and the Gillsp retainers into her IOLTA trust account and maintain thein in the account until earned violatecl Rules 1.15 and 1..1, MRPC.

8. Webber's failure-to act v,iith reasonable diligence or make -reasonable efforts to expedite the Gills' petition for guardianship/cOnservatorship consistent with their interest Violated Rule 1.3 and 3.2 MRPC.

9. Webber's'failure to keeP het clients reasdnably infolined or to respond to their inquiries about the status ofthe matter violated Rule lA MRPC.

10. Webber's failure to return property belOnging to the (a retainer refund of-the unearned fees) after her representation was terminated violated Rule 1.16(d), MRPC.

- 9- RECOMMENDATION FOR DISCIPLINE The conditions on which Webber tendered her admission are, in view ofthe facts, those which the Commission likely would have recoinmended had the matter proceeded to a full contested hearing. Webber is-tobe commended for recognizing the-Severity of her failures and,the need to address them OprdpfiatélY. The dominiSsiOn believes the dond4iOns ofthe tender win allPw her to do that and, hopefully;at some time successfully resuine the praCtice oflaw as a credittO heiSelf, het clients and the PrOfeSSion.

Accordingly, the Commission recommends that-the,tendered admission be accepted and _Webber's discipline be consistent with the conditions outlined in her Conditional AdmiSSi017.

Respectfully submitted this 9th day ofNovembe 2020.

COMMISSION ON PRACTICE OF THE SUPREME COURT OF THESTATE OF MONTANA

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Shelly Si 1. Office dministrator