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BEFORE THE COMMISSION ON PRACTICE OF THE

SUPREME COURT OF THE STATE OF MONTANA

* * * * * * * * * * * * *

IN THE MATTER OF CASEY NIXON,

An Attorney at Law,

Respondent.

STATE OF MONTANA

COUNTY OF YELLOWSTONE

Supreme Court No. PR 20-0265

ODC File Nos. 19-077 and 19-133

CONDITIONAL ADMISSION AND

AFFIDAVIT OF CONSENT

ss.

CASEY NIXON, being first duly sworn upon oath deposes and affirms as follows.

1. I am the respondent. I tender my conditional admission and make this affidavit of

consent pursuant to Rule 26, Montana Rules for Lawyer Disciplinary Enforcement (2018), in

exchange for the stated forms of discipline.

2. I am a lawyer against whom a formal complaint has been filed alleging ethical

misconduct. I am informed and aware of the allegations against me and understand that, if those

allegations are proved by clear and convincing evidence, there exist grounds for discipline

against me.

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conditional admission is rejected by either the Commission on Practice or the Supreme Court,

then I understand my admission shall be deemed withdrawn and cannot be used against me in

this or any subsequent proceeding.

4. My consent to discipline is freely and voluntarily tendered. I am not subject to

coercion or duress of any kind. I am fully aware of the implications of submitting my

conditional admission and affidavit of consent.

5. Consistent with the foregoing, I admit the following facts are true. The

allegations in Count 5 will be dismissed. Specifically, I admit:

A. I was admitted to the practice of law in the State of Montana in 2012, at which

time I took the oath required for admission, wherein I agreed to abide by the

Rules of Professional Conduct, the Disciplinary Rules adopted by the Supreme

Court, and the 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.

(ODC File No. 19-077 — Rose Matter)

B. In relation to ODC File No. 19-077, I admit to the following facts as outlined in

Counts 1 through 4 of the Complaint ODC filed in Case No. PR 20-0265:

C. Dwight Rose ("Dwight") and Eugene Rose (`Gene") were in a motor vehicle

accident in August 2013. After unsuccessfully settling their claims with the atCONDITIONAL ADMISSION AND AFFIDAVIT OF CONSENT - Page 2
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agreement outlining the rate or basis of the fee or the scope of the representation;

however, an agreement was provided to Dwight. The rate of the contingency fee

was not made clear.

D. In July 2015, I filed a lawsuit against the at-fault driver in Yellowstone County

District Court on Dwight and Gene's behalf. I collected $55 from Gene to cover

the service fee, but the complaint unable to be served on the defendant.

E. In November 2017, I settled Gene's claim with the insurance company for $3,425

new money.

F. In March 2019, I received a letter and check in the amount of $124.95 from the

insurance company on behalf of Dwight. I did not timely disburse these funds to

Dwight.

G. In April 2019, I settled Dwight's case for $5,000 new money.

H. I failed to obtain either Dwight's or Gene's signatures on a settlement distribution

sheet, communicating the way in which funds would be disbursed, and there

consent thereof.

I. Dwight received a total of $2,765 of his $5,000 settlement. When calculating my

fee, I erroneously calculated a 33% fee, rather than the agreed 30%. In doing so, I

overpaid myself by a total of $79.16.

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L. Upon receipt of the $124.95 check from the insurance company in March 2019, I

immediately deposited the check into my IOLTA trust account. Within days, I

transferred the money from my IOLTA trust account to my RMB personal

checking account then immediately withdrew those funds.

M. Upon receipt of Gene's settlement funds, I deposited the $3,425 settlement check

from the insurance company into my IOLTA trust account on November 20,

2017, wrote myself a check for $1,425, and withdrew the remaining $2,000,

which I subsequently paid to Gene.

N. Upon receipt of Dwight's new money settlement funds, 1 deposited the $5,000

check into my IOLTA trust account on April 18, 2019, immediately transferred it

to my RMB personal checking account, then withdrew it — all on the same day.

O. I wrote a check dated 5/16/19 payable to Dwight in the amount of $2,765 from

my AFCU personal checking account. Although there were insufficient funds in

my AFCU account to pay that amount, I had sufficient cash on hand to deposit,

which is what I did. The check was negotiated on June 10, 2019.

P. In violation of Rules 1.15 and 1.18, MRPC, I failed to keep and maintain a record

of the settlement distribution or a client ledger for Gene's settlement funds.

Q. In violation of Rules 1.15 and 1.18, MRPC, I failed to keep and maintain a record

of the settlement distribution or a client ledger for Dwight's settlement funds.

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August 16, 2019, October 4, 2019, December 4, 2019, January 21, 2020, and

several subsequent communications, ODC requested I respond to the allegations

in Dwight's grievance and provide certain additional information and documents.

Despite my promises to provide the requested information, I failed to do so in

violation of Rule 8.1(b), MRPC. I acknowledge that my trauma and turmoil are

not excuses for failure my to respond or produce the documentation.

(ODC File No. 19-133 — Carey Matter)

T. In relation to ODC File No. 19-133, I admit to the following facts as outlined in

Counts 5 through 10 of the Complaint ODC filed in Case No. PR 20-0265:

U. On December 17, 2018, Nicholas Carey (`Carey") retained me and paid me

$2,000 to assist him in a civil rights matter.

V. Throughout the following year, I failed to complete any legal services on Carey's

behalf in violation of Rule 1.3, MRPC, and failed to reasonably communicate

with Carey without initiation by Carey regarding his legal matter in violation of

Rule 1.4, MRPC.

W. In Carey's grievance, he requested a refund of his retainer. I communicated to

ODC that I intended to refund $1,500 to Carey, but I failed to do so.

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violated Rule 1.16(d), MRPC.

Z. Beginning in April 2019, I experienced significant trauma and personal turmoil

which distracted me from my work obligations. Despite failing to complete the

understood legal work for Carey, I did not safekeep and maintain Carey's

retainer in my IOLTA trust account, failed to keep it separate from my own

funds, and used his funds for my own purposes before they were earned in

violation of Rules 1.15 and 1.18, MRPC.

AA. By letters dated December 6, 2019, and Februaiy 3, 2020, ODC requested I

respond to the allegations against me in Carey's grievance. Despite multiple

direct and attempted communications with me prior to February 4, 2020 and over

the next two and one-half months, and despite my promises to provide my

response and the requested information, I failed to do so in violation of Rule

8.1(b), MRPC. I acknowledge that my trauma and tunnoil are not excuses for

failure my to respond or produce the documentation.

6. I tender my admissions in exchange for the following:

A. Indefinite Suspension, for a minimum of one (1) year;

B. Payment of restitution to Dwight in the amount of $79.16;

C. Payment of restitution to Carey in the amount of $1,500;

D. Prior to reinstatement, I shall comply with the following conditions:

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addiction counselor and undergo a mental health evaluation by a

licensed clinical psychiatrist or psychologist at my own expense

and submit the evaluation reports to ODC;

3) Provide releases to allow ODC and my providers to discuss the

reports and findings and my continued treatment progress; and,

4) Comply with Rules 30 and 32, MRLDE.

E. Upon reinstatement, I shall comply with the following conditions for a

period of three (3) years:

1) Comply with all recommended treatment plans of my addiction

counselor and my mental health care providers and continue

treatment for mental health and/or chemical dependency issues

pursuant to the recommended treatment plans;

2) Consult with Mike Larson, Lawyers' Assistance Program (LAP)

Coordinator, and file with the ODC Mr. Larson's written

recommendations for the means by which I can best address the

emotional, mental health and chemical dependency issues I had

been facing in order to allow me to effectively and ethically return

to the practice of law;

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supervised task checklist;

5) Not engage in the solo practice of law without written approval of

my mentor, my health care providers and ODC, and upon

submitting written, adequate procedures relative to case

management and adhering to those procedures; and

6) Obey all laws and Montana Rules of Professional Procedure; any

violation of the MRPC or any federal or state law will constituteviolation of a Court Order and will result in further discipline.

F. Payment of costs incurred by the Office of Disciplinary Counsel and the

Commission on Practice in connection with this matter.

RESPECTFULLY SUBMITTED this day of J le, 2020.

Caseyl,x6n, Respotnt Pro Se

i6a

SUBSCRIBED AND SWORN TO before me this 10 day of , 2020.

SHELBY LYNETTE STREIB

NOTARY PUBLIC for the

State of Montana

Residing al Boulder, Montana

mot." My Commission bcpires

Mav 18,2024

fWICFWEINNINIIIIMMIMMIXOLVa- s.,rs•a• 

CONDITIONAL ADMISSION AND AFFIDAVIT OF CONSENT - Page 8