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14 15 16 • 17 18 19 20 21: 22 .23 24 25 Jennifer Wcbber Attorncy at:Law 124 North 29th St., No. 401 Billings, MT 59101 • .(406) 28-1-3113 jennifer@webberplle.com ResporideaPro Se

BEFORE THE COMMISSION:ON PRACTICE -OF THE

SUPREME:COURT OF THE 'STATE:33F MONTANA

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### 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-ofdiscipline.
• 2. I am a lawyer against whom a formal complaint has been tiled alleging ethical / • :misconduct.. 1.am informed and aware of the allegations, againstme and nnderstandt that, if those allegations are :proved by clear and convincing evidence, there exist grounds for discipline againstme.

CONDITIONAL ADMISSION AND AFFIDAVIT OF CONSENT - Page .04 11/18/2020

Case Number: PR 20-02623

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• 18 19 .20 21 22 23 24 25 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 ofdiscipline 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rejected by dither the Commission ,on Practice or the Supreme Court, itlien I understand rny adrnission shall be deemed withdrawn•and, cannot be used against me in this or any subsequent,proceeding. 4.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 ..acts as , 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

,CONDITIONAL ADMISSION AND AFFIDAVITOF,CONSENT -.Page 22

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9 10 11 12 13 14 15 16 :17 18 19 20 21 22 23 24 25 $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 forthe 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 originatdocuments.
- -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.

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### I. .By :failing to, reasenably 'communicate with Webers
-and !failing.to.respondto their inquiries,"violatedaule 1.4, MRPC. 1// 1//

CONDITIONAL ADMISSION 4ND. AFFIDAVIT OF CONSENT - Page 3-

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12 13 F4 15 16 17 18 19 20 21 22 93 24 25 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 ,ofthe retainer to-the Webers atthactime, despite their requests. K. Webers sought and-,obtained a defanftjudgment 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 ofthe fee, in viblation ofRule 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 43

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1' 5 13 14 15 16 17 18 19 20 2t 22 23 24 25 Vil 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 10Tofthe Complaint:ODC'filedinCase No:PR 20-0262: R. In.April 2019, Janice and:Randy Gill t("Gills");hired..me to, .assist them, iri seeking

. 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 anolsubsequently. 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 11'4 1 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,flotify lls ofthe,hearing,

,CONDITIONAL ADMISSIONAND 4FPIDAvITOF CONSENT - Page 53

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s 23 24 25 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. AfterBillstein 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&thaful1 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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12 13 : 14 15 1:6 17 18 19 20 21 22 23 24 25 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. Iasserted 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 notdeposit 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;

• 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 pursuanttoPthe 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 aseft=as the meetings take place; 4) Participate in ODC's Mentorship Program: and complete the supervisedtask checklist; 5) Not engage in,the solo practice oflaw 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 82

3 4 5 6 7 8 9 10 111 12 `13 14 15. 16 17 18 19 20 21 22 23 24 25 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 ofJuly,,2020,

e lifer spondcnt Pro Se SUBSCRIBED AND SWORN TO before me this day of

# :SAA 4 ,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 fDisciplinatyCounsel Parnela D. Bucy at.pbucy(dimontanaodc.org.

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### ,2020, I served4,copy of the

C:ONDITIONAL ADMISSION AND AFFIDAVITOFEONSENT - Page 10