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Jennifer Wcbber

Attorncy at:Law

124 North 29th St., No. 401

Billings, MT 59101 •

.(406) 28-1-3113

jenni fer@webberpl le .com

ResporideaPro Se

BEFORE THE COMMISSION:ON PRACTICE-OF THE

SUPREME:COURT OF THE 'STATE:33F MONTANA

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

FILED

07/21/2020

Commission on Practice

of the Supreme Court

State of Montana

IN THE MATTER OF JENNIFER WEBBER, ) Supreme CourtCase No. PR 20-0262

) •

An Attorney at:Law, ) ODC File Nos. 19-094 and 20-010

)

Respondent. ) CONDITIONAL ADMISSION AND

) AFFIDAVIT OF- CONSENT

)

STATE-OF Montana

:COUNTY OF Yellowstone

• ss.

)

JENNIFER WEBBER, being first duly sworn upon -oath deposes an&affirms as, follows.

1. I am the respondent. Ltender my conditional admission and,make this affidavit:of

.consent pursuant to Rtile 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 tiled alleging ethical

/ •

:misconduct.. 1.am informed and aware of the allegations, against me and nnderstandt that, if those

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

against me.

CONDITIONAL ADMISSION AND AFFIDAVIT OF CONSENT - Page .04

11/18/2020

Case Number: PR 20-0262
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3. I present this affidavit of consent and my tendered admission.to an Adjudieatory

Panel of the Cormnission,on Practice in ,exchange for the form of discipline describedbelow. If

the Commission ,on. Practice approves my tendered admission, I acknowledge my tendered

adinission is subject to acceptance or rejection by the Montana Supretue Court._ If my

.conditional adtnission is rejected by dither the Commission,on Practice or the Supreme Court,

itlien I understand rny adrnission shall be deemed withdrawn•and,cannot be used against me in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 Subjett to,

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

conditional admission and affidavitorconsent.

5. Consistent with the foregeing, 1 admit all the .material faets as alleged in the

Oniplaint are true, and no Counts will- be dismissed. Specifically, I admit:

A: I was admitted tolhe practice- of law in the -State Of Montana in 2013, at which

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

Rules of Professional Conduct, the Disciplinary. Rules adopted by the Suprerne

Court, and the highest standards of honesty,. justice and morality, including, but

not limited t6, those outlined in parts 3 and. 4 of Chapter 61, Title 37, Montana

-Code Annotated..

.:0DC File No: 19-094.— WeberMatter

B. Jn,relation to ODC Eile No, 19;-094, I admit to4he follow.ng ..actsas,outlined in

Counts 1 through:64)f the,Complaint ODC fileditrCase No..PR 20=0262:.

C. James Weber. and his wife ("Webers") retained me-in March 2019 to,asSistin their

estate,planning. Aftertwo meetingsrdiscussingtheir needs, the Webers paid* a

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$2,700 retainer and gavelne :pertinent and necessaly information,to begin drafting

their estate planning documents.

D: I failedto :prepare,or complete the estate planning documents for the Webers and

failed:10 provide any work .product- or send them &billing statemcnt. As &result;

Webers were forced to hire another _lawyer, who prepared their estate planning

documents Withindays.and charged $855.

E. ktyfailure to :carry,out the-representation of my-clients for-which they retained:me

with- reasonable diligenCe violated-Rule 1.3, MRPC.

F. W.ebers attempted to.contact,rne:by phone and email on numerous.occasions, but I

failed to -respond to them until May 4, 2019 after they requested a refund of the

uneanied portion of the retainer and the return. oltheir originat documents.-

-G. .When i spoke withWebers on May 4, 2019, I informed them of my recent-health

issues and 'offered to deliver the final draft of their estate planning documents.

:Webers agreed to meet on the day I suggested and. requested I confirm the

meeting with them. :I fitiled to respond to Webers' email, failed meet With:them ,

and. failed:to provide the -documents I asserted were 'complete,

R. -Webers and their daughter made several additional attempts. to contact-me-without

success. In their last correspondence, they demanded. a refund of the unearned.

retainer and:their original documents. 1 failed to:respond.

. I. .By :failing to,reasenably 'communicate with Webers -and !failing. to. respondto their

inquiries," violatedaule 1.4, MRPC.

1//

1//

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J. After cellecting $2,700 ftom Webers, 1 failed to,complete the legal services for

which I was hired. ftirther faik& to,refund all or a portion,of the retainer to-the

Webers atthac time, despite their requests.

K. Webers sought and-,obtained a defanft judgment again§t me for return,ofitheir

retainer payment .and documents,,plus costs wendedyfor a ,total,of S2,805. Since

the filing of thc Complaint in this matter, 1 have -paid the judgment in full and -

returned the copies of the essential documents . provided to ine during ,our

meetings.

L. By collecting an unreasonable fee from Webers and failing to complete legal

services for which 1 was hired to,do, 1 violatecl Rule 1.5(a), MRPC. •

M. My. failure to return. Webers' origihal documents and refund the unearned fees

violated Rule 1. I 6(d), MRPC.

N. I failed to provide a written fee agreement or other writing memorializing the fee

anangement, including the scope of representation and basis or rate of the fee, in

viblation of Rule 1.5(b),

O. [informed Webers 1 was having health problems, which caused the delay and lack

Of Communication. Once I became aware. my health-issues,impaired my ability to

.represent. Webers diligently and to reasonably comtnunicate with them; I was

- obligated to withdraw from representing-them. My inability and failure to ,do so

violatedRule 1.16(a); MRPC.

P. After Webers paid me a $2,700 'retainer in NarCh 2019, 1 did,not deposit any of

the funds into my :10LTA trust account. -My failure to --deposit Webers' retainer

into my IOLTA Arust account and maintain it - in the .account until it was earned

violated Rules 1. and 1.18, MRPC.

rCONDIT/O1VAL ADMISSION MID AFFIDAVIT OF CONSENT - Patge 4
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ODC File No. 20-010 — Gill.Matter

Q. In relation,to ODC File No: 20=310; I admit to,,the following facts as,outlinedAn

• Counts Tthrough 10Tof the Complaint: ODC'filedinCase No: PR 20-0262:

R. In.April 2019, Janice and:Randy Gill t("Gills");hired..me to,.assist them,iri seeking

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guardianship of Randy's mother, and conservatOrship over her estate.

- Our first meetinglvas,on Apri1101, 201-9, on agriday afternoon. The Gillspai&me.

S1004cash,at their:initial meeting for the filing fee anol subsequently.paid $2,500

by •credit card for my retainer. They expresscd the matter was urgent due to

specific - family ,Opiamics; they were . already acting as L:K.G.'s primary

caregivers.

$. Iprepared, the docuinents- over the weekend, aft.on April 11'41 filed the néeessary

paperwork to initiate .the guardianship and conservatorship ,on • Gills' behalf, and-,

the Court Ordered .the appointment of a physician, visitor, attorney, and • Gills as

temporary co-guardians and co-conservators. The Letters of Guardianship and

.Conservatorship were obtained on April 12(11, 2019. The temporary

conservatorship/guardianship would expirc October 12, 2019.

T. •Over the next-six .months, Gills attempted to contact me numerous times.by-phone

calls, text -messages, and emails. I did not respondLto all communications-during

this time.

lj. On September 12,: 2019; filed a motion to-extend the temporary guardianship;

which the Court granted on .Septernber 24'" and -scheduled a hearing • for

Noveniber 7th. 1 failea to,floti fy lls ofthe,hearing,

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V. -Gills were forced to hire and.pay a,new attorney, Andrew 'Billstein ("Billstein"),

to complete the guardianship/conservatorship matter. Billstein's firm chargcd

Gills $500,„plus costs.

W. On .October 25, 2019, Billstein attempted to. cOntact me and requested I sign. and

return the attached notice of stibstitution of counsel; time was of the essence. I

failed4o timely respond, and Billstein was forced to seek substitution without.my

cooperation, causing delay.

X. Billstein,successfully completed the guardianship and conservatorShip.matter after

the December 5, 2019 hearing when Gills were .appointed full co-guardians and

co-conservators.

Y. My failure to act with reasonable diligence of make rcasonable efforts to.expedite

Gills' ,petition for gUardianship/conservatorship consistent with their interests

violated Rules 1.3 'and 3.2, MRPC.

Z. My failure to kecp my clicnts reasonably informed or to respond to their

inquiries about the status of the matter violated Rule 1.4, MRPC.

AA. On April 5, 2019; I tollected a $2,500. retainer .from. Gills but failed to complete

the work for•which.they hired.me to do. After Billstein suggested I refund the

unearned portion of the retainer and after Gills requested a refund, of at least

$2;000, I failed ,at. that time to. refund. any portion.of the retainer, despite knowing

they weradue at least a partial refund. Sineathe filing,of the Complaint in this

matter, thave returne&thaful 1 retainer. of $2500qathe.Gills.

BB. By collecting a retainer from Gills and failing to complete the services for

which they hiredmato-da, 1 tharged.an, unreasonable feain-Vialation.Rtile 1.5(a),

MRPC.

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CC. My failure to return property belonging to ,Gills (a -retainer -refund. of tie

unearned fees) atler .my representation was -terminated violatcd Rae- 1. I 6(d),

MRPC.

DD. I asserted my health issues affected my ability to 'complete the legal services for

whiCh 4- was hiredand. toqespondfito Gills' and BillStein's attempts to,contact

,causing•delay.

EE. When it-became clear coubinot fulfill my, &ties to Gills, I was .obligated-to

withdraw frotn:representation and refund any unearned fees. My faihire to,d6-sO

.violatedRule I. l.6(a), MRPC.

.FF.. AfterGills paidipe a $2,500 retainer in April. 2019, 1 did not deposit any ofthe

funds into my IOLTA trust account. My failure to deposit Gills' retainer into,my

• IOLTA trust account and maintain it in the account until it was earned violated •

Rules 1.15 and 1.18, MRPC. •

• I:tender rny admissionsin exchange for the following;

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A. Indefinite Suspension, for a minimum of seven (7) months;

:B. • Prior to reinStatement,I shall comply with the following conditions:

I): Undergo a -mental health evaluation by _ a licensed clinical;

psyChiatrist or psychologist. at rny own expense and submit the

evaluation report to ODC;

2) Provide. releases to allow 'ODC and my • mental health care

providers tO discuss the reports and findings and my. continued

treatment progress;;and,

3) Comply with Rules 30 and 32, MRLD.E.

CONDITIONAL ADMISSION AND AFFIDAVIT OF CONSENT -Page 7
C. Upon reinstatement, I shall comply with the following conditions for a

periodhof three (3),years:

.1) Comply. with all recommended treatment !plan(s) of rny mental:

health care . providers and continue treatment for mental health

issues pursuant toPthe recommended treatment plan(s);

2) Continue to consult with Mike Larson, LaWyers' Assistance

Prögram,(LAP) Coorclinator, and file with the ODC Mr. Larson's

written recommendations for the. means .by which I can best

address :the emotional and mental health issues I, had been facing in

order to allow me to effectively and ethically return to;the praCtice •

of law;

3) Continue to- meet with Mr. Larson Monthly by phone or hi person

and/or attend a LAP meeting held in :the nearest city to me•weekly

• or as eft= as the meetings take place;

4) Participate in ODC's Mentorship Program: and complete the

supervisedtask checklist;

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

my • th6ntOr, 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 Iaws and Montana Rules•of Professional Procedure; any

violation of the MRPC or any federal •or state law will. constitute

violation ofErCourt Order in:further discipline.

COND1T1ONAL ADMISSION AND AFFIDAVIT 01? CONSENT -.Page 8
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D. Payment,of costs incurred by the Office of Disciplinary Counsel. and the

Commission,on ,Practice in'connection vith this:matter. •

RESPECTFWLL):" SUBMITTED this 1104 day of July,,2020,

e lifer spondcnt Pro Se

SUBSCRIBED AND SWORN TO before me this day of :SAA4 , 2020:

• CHANTAL.GAVIN

NOTARY PUBLIC tor the

State of Montana

Residing at Bilfings, Montana

My Commission Expires

May 01, 2023

CONDITIONAL /MISSION AND AFFIDAVITOFGONSENT - Page 9
.E'llTIFICATECIFSERVICE

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Uhereby certify that-on,this day.of

foregoing document,op ,ODC- bY-emailing a copy 'to. Chi f DisciplinatyCounsel Parnela D. Bucy

at.pbucy(dimontanaodc.org.

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, 2020, I served4,copy of the

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