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2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Pamela D. Bucy ChiefDisciplinary Counsel P.O. Box 1099 Helena, Montana 59624 Tel: (406) 442-1648 pbuc crimontanaodc Office ofDisciplinary Counsel

BEFORE THE COMMISSION ON PRACTICE OF THE SUPREME COURT OF THE STATE OF MONTANA * * * * * * * * * * * * * IN THE MATTER OF MARTHA L. GOODLOE, An Attorney at Law, Respondent. Supreme Court Cause No. ODC File No. 23-139 COMPLAINT Rules 1.4, 1.5, 1.6, 1.8, and 1.16, MRPC By leave ofthe Commission on Practice granted on April 9, 2024, the Office ofDisciplinary Counsel for the State ofMontana ("ODC"), hereby charges Martha L. Goodloe with professional misconduct as follows: General Allegations 1. Martha L. Goodloe, hereinafterreferred toasRespondent,was admitted to the practice oflaw in the State ofMontana in 1994, at which time Respondent took the oath required for admission, wherein they agreed to abide by the Rules of

Complaint - Page 1 05/13/2024

Case Number: PR 24-02991

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7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Professional Conduct,theDisciplinary Rulesadoptedbythe Supreme Court, andthe highest standardsofhonesty,justice andmorality, includingbutnot limitedto,those outlined in parts 3 and 4 ofChapter 61, Title 37, Montana Code Annotated. 2. TheMontana SupremeCourthasapprovedandadoptedtheMontanaRules of Professional Conduct ("MRPC"), governing the ethical conduct of attorneys licensed to practice in the State ofMontana, which Rules were in effect at all times mentioned in this Complaint. 3. D.A. contacted Respondent for assistance with her father's estate in early 2019. In approximately August of2019, D.A. requested Respondent draft a power of attorney for her mother. Respondent was paid for these services. Following medical complications, D.A.'s mother died. Respondent filed the Application for Informal Probate Intestate Estate and Appointment of Personal Representative on December 2, 2019. After the Application was filed, little action was taken in the case, resulting in the Court issuing an Order for Personal Representative to Close Estate or Show Cause, on May 9, 2023. On July 10, 2023, Respondent filed a Request to Withdraw as Attorney for Personal Representative, which the Court grantedby OrderdatedJuly 11,2023.OnJuly25,2023,D.A. filedaproseResponse to Respondent's Motion. // //

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2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Count One

4. ODC realleges and incorporates paragraphs 1 through 3 of the General Allegations as iffully restated in this Count One. 5. Respondent failedto communicatewithD.A. fornearlythree (3)yearsand placed the duty of communication with her client. D.A. attempted to contact Respondent on numerous occasions, but Respondent was unresponsive. D.A. obtained necessary information about her mother's estate from the Clerk ofCourt. In addition, Respondent failed to notify D.A. ofher intent to withdraw or provide her a copy ofthe Court's Show CauseNotice. 6. Respondent's conduct outlined above constitutes a violation ofRule 1.4, Communication, MRPC. Count Two 7. ODC realleges and incorporates paragraphs 1 through 3 of the General Allegations and paragraphs 4 through 6 as iffully restated in this Count Two. 8. Respondent failed to execute a written agreement to inform D.A. of the scope ofthe representation, and the basis or rate ofthe fee and expenses for which D.A. would be responsible. 9. Respondent's conduct outlined above constitutes a violation ofRule 1.5, Fees, MRPC. //

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2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Count Three

10. ODC realleges and incorporates paragraphs 1 through 3 of the General Allegations and paragraphs 4 through 9 as iffully restated in this Count Three. 11. Uponreceipt ofthe Court' ShowCauseOrder,Respondent filed aMotion to Withdraw on July 10, 2023. Respondent failed to contact, discuss, or notify her client of her intention to withdraw prior to filing the Motion. In her Motion Respondent included information about the valuation ofD.A.'s father's estate. The valuation information was garnered from Respondent'sprior representation ofD.A. and was included to demonstrate D.A.'s ability to pay necessary fees and costs. The Motion also indicated that D.A. had "refused" to pay her and had "refused" to sign

a property deed. 12. Importantly, the valuation ofthe estatewas incorrect andD.A.had neither refusedto sign a deed norpay Respondent.D.A.had neverbeen askedto sign a deed

or for any form of payment. In fact, Respondent had never informed D.A. of the costs she could anticipate incurring or the costs ofher services. Respondent did not

even discuss the possibility of withdrawal with D.A. Rather, the last conversation Respondent had with her client indicated she would seek additional time from the Court and draft the agreed upon legal documents. D.A. was shocked and embarrassed by Respondent's filing. She was forced to serve as her own counsel in response to Respondent's motion.

Complaint - Page 41

2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 13. By disclosing information related to the representation of the client without the client's consent in her Motion to Withdraw, Respondent violated Rule 1.6(a), Confidentiality ofInformation, MRPC. 14. By using information relating to her prior representation ofD.A. to her disadvantage in her Motion to Withdraw, Respondent violated Rule 1.8(b), Conflict ofInterest: Current Clients: Specific Rules, MRPC. 15. Respondent divulged information that was both untrue and was likely to, and did in fact, embarrass D.A. Respondent failed to provide D.A. with the Court's Show Cause Notice, which would have given D.A. the deadline for complying with the Court's Order, or to seek different counsel, or at least request additional time from the Court herself. Despite impending deadlines and a Motion which contained incorrect and untrue information which reflected poorly on her client, Respondent withdrew with literally no notice to her client. Respondent did not advise D.A. to seek new counsel or provide her with a copy of her file upon withdrawal. Respondent's conduct failed to protect the interest ofher client in violation ofRule 1.16(d), Declining or Terminating Representation, MRPC. WHEREFORE, the Office ofDisciplinary 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;

Complaint - Page 51

2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2. That a formal hearingbe had onthe allegations ofthis complaintbefore an Adjudicatory Panel ofthe 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; and, 4. For such other and further reliefas deemed necessary and proper. DATED this 13 lay ofMay, 2024.

Complaint - Page 6 OFFICE OF DISCIPLINARY COUNSEL By: 

# AAA,t1L,_ Pamela D. Bucy ChiefDisciplinary Counsel