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IN THE SUPREME COURT OF THE STATE OF MONTANA

No. 00-125

______________ IN THE MATTER OF MATTHEW J. SISLER, An Attorney at Law, Respondent.

JUDGMENT A N D

O R D E R

______________ On January 30, 2001, the Commission on Practice of the Supreme Court of the State of Montana (COP) issued its findings of fact, conclusions of law and recommendations to the Supreme Court in COP File No. 3774, In the Matter of Matthew J. Sisler, an Attorney at Law. Mr. Sisler, through counsel, Robert J. Emmons, has filed objections to the findings, conclusions and recommendations of the COP. In addressing objections to findings of the COP, we exercise de novo review. Goldstein/ Albers v. Commission on Practice, 2000 MT 8, 297 Mont. 493, 501, 995 P.2d 923. The complaint against Mr. Sisler contains two counts. Count I alleges that Sisler violated Rule 4.2 of the Rules of Professional Conduct by communicating with Julia Bennett on June 17, 1998, about the subject matter of a divorce proceeding when Sisler knew that Ms. Bennett was represented at the time by another lawyer, Adele Carter. Count II alleges that Sisler violated Rule 8.4 of the Rules of Professional Conduct involving dishonesty,

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THE COMMISSION'S FINDINGS & CONCLUSIONS Concerning Count I, the COP found, by clear and convincing evidence, that Sisler had significant conversations with Julia Bennett on June 17, 1998, and, subsequently, acknowledged in a letter to the Clerk of Court that his communication with attorney Adele Carter (after June 17, 1998) indicated that she had not withdrawn as counsel for Julia Bennett. The COP also found that Sisler communicated with Sue Cooperman of the Sanders County Attorney's office on June 12, 1998, and, in asking that criminal charges be dropped against Martin Bennett, informed Ms. Cooperman that Julia Bennett had dropped the divorce and TRO. The COP found that although the TRO had been dismissed, the representation that Julia Bennett had dropped the divorce was a misrepresentation. The COP then concluded that Sisler had violated Rule 4.2 of the Rules of Professional Conduct by communicating with Julie Bennett on June 17, 1998, regarding the domestic proceeding despite being told not to do so by Ms. Bennett's attorney, Adele Carter and despite being aware that Adele Carter continued to represent Ms. Bennett through June 26, 1998. The COP also concluded that Sisler's misrepresentation to Ms. Cooperman that Ms. Bennett had dropped the divorce and the TRO was a violation of Rule 4.2. As to Count II, the COP concluded that Sisler's June 17, 1998, communication with Ms. Cooperman to the effect that the divorce matter had been dropped constituted a misrepresentation in violation of Rule 8.4 Rules of Professional Conduct.
SISLER'S OBJECTIONS Sisler has filed some 21 objections and 93 pages of briefing in opposition to the COP's findings and conclusions and recommendations. The bulk of Sisler's objections relate to the sufficiency of the evidence to support the COP's findings as to whether Sisler had prohibited contact with Julia Bennett on June 17,

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THEREFORE IT IS ORDERED: 1. We reject the following findings of fact: The references to Julia Bennett's telephone call to Mr. Sisler on May 22, 1998 in Finding Nos. 8 and 9; the reference to Mr. Slomski's opinion of Mr. Sisler contained in Finding No. 11; and the reference in Finding No. 14 to Mr. Sisler's subsequent representation of Ms. Bennett in a claim against Ms. Carter.

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___________________________________ Chief Justice

___________________________________ Justices

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