10/28/2024

Pamela D. Bucy Case Number: PR 24-0638

2 Chief Disciplinary Counsel P.O. Box 1099 Helena, Montana 59624 Tel: (406) 442-1648 [email protected] Office of Disciplinary Counsel

9 BEFORE THE COMMISSION ON PRACTICE OF THE 10 SUPREME COURT OF THE STATE OF MONTANA * * * * * * * * * * * * * Supreme Court Cause No. IN THE MATTER OF JENIFER R. REECE, A Suspended Attorney, ODC File No. 24-178 Respondent. COMPLAINT Rule 8.1, MRPC By leave of the Commission on Practice granted on October 8, 2024, the Office of Disciplinary Counsel for the State of Montana ("ODC"), hereby charges Jenifer R. Reece with professional misconduct as follows: General Allegations 1. Jenifer R. Reece, hereinafter referred to as Respondent, was admitted to the practice of law in the State of Montana in 2005, at which time she took the oath required for admission, wherein Respondent agreed to abide by the Rules of Professional Conduct, the Disciplinary Rules adopted by the Supreme Court, and the Complaint - Page 1 highest standards of honesty, justice and morality, including but not limited to, those outlined in parts 3 and 4 of Chapter 61, Title 37, Montana Code Annotated.

2. The Montana Supreme Court has approved and adopted the Montana Rules of Professional Conduct ("MRPC"), governing the ethical conduct of attomeys licensed to practice in the State of Montana, which Rules were in effect at all times mentioned in this Complaint.

3. At all times relevant to this Complaint, Respondent was not an active attorney with the State Bar of Montana ("Bar). The Bar transferred Respondent's law license to inactive status on January 13, 2020, for non-compliance with Continuing Legal Education credit requirements. The Bar then suspended Respondent's law license on June 24, 2022, for non-payment of inactive membership dues.

16 Count One 4. ODC realleges and incorporates paragraphs 1 through 3 of the General Allegations as if fully restated in this Count One.

5. In February 2024, ODC received a Report pursuant to Rule 8.3, Montana Rules for Lawyer Disciplinary Enforcement ("MiRLDE"), that alleged Respondent had been working with their law firm for nearly two (2) years. The firm had learned that Respondent's law license had been administratively suspended and contacted her to discuss the situation. Respondent agreed to withdraw from the representation,

Complaint - Page 2 notify clients, and inform the firm when those things were completed. The firm did not hear from Respondent again. Further, when the firm contacted the affected clients, they discovered that Respondent had not contacted them or informed thern of the situation.

6. By letter dated March 7, 2024, and addressed to Respondent at the address on file with the State Bar of Montana, ODC requested Respondent's response to the Report. ODC received no response. On August 12, 2024, ODC sent Respondent another request for response by both regular and certified mail. This letter required Respondent to respond within ten (10) days, or on or before, August 22, 2024. On August 22, 2024, the certified letter was returned unclaimed. Neither of the regular mail letters were returned to ODC.

7. ODC received a Grievance from Respondent's former client E.S. which indicates she retained Respondent in January 2024 for an international adoption.

After Respondent drafted the documents, E.S. did not hear from her. Respondent last communicated with E.S. in the beginning of April 2024, and E.S. did not know whether her adoption paperwork and cases were actually filed.

21 8. By letter dated July 26, 2024, ODC requested Respondent's response to E.S.'s Grievance. ODC received no response, and the letter was returned to ODC and marked "Vacant. Unable to Forward." //

Complaint - Page 3 9. On August 26, 2024, Chief Disciplinary Counsel emailed Respondent at the email address on file with the State Bar of Montana, again requesting she provide a response to both Grievances against her. No response was received.

10. To date, Respondent has failed to respond to either Grievance or have any communication with ODC.

7 11. Respondent's conduct outlined above constitutes a violation of Rule 8.1, MRPC.

12. Rule 8A(6) of the Montana Rules for Lawyer Disciplinary Enforcement provides additional grounds for discipline for Respondent's failure to promptly and fully respond to an inquiry to ODC.

WHEREFORE, the Office of Disciplinary Counsel 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; 21 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

Complaint - Page 4 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.

DATED this 28 day of October, 2024 6 OFFICE OF DISCIPLINARY COUNSEL B 9 Pamela D. Bucy Chief Disciplinary Counsel

Complaint - Page 5 CERTIFICATE OF SERVICE

I, Pamela D. Bucy, hereby certify that I have served true and accurate copies of the foregoing Complaint - Formal Complaint and Citation to Appear to the following on 10-28-2024:

Commission on Practice (Other) S. Park Ave. Suite 328 P.O. Box 203005 Helena MT 59601 Representing: Self-Represented Service Method: E-mail Delivery Shelly Smith (Court Reporter) Office Administrator Supreme Court Boards and Commissions P.O. Box 203002 S. Park Ave., Ste. 328 Helena MT 59624 Service Method: eService E-mail Address: [email protected]

Electronically signed by Shelby Streib on behalf of Pamela D. Bucy Dated: 10-28-2024