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In the Matter of Steven T. Potts

Montana Supreme Court

158 P.3d 418 (2007)

Relevant factsFree

Attorney Steven Potts (defendant) represented a mother and son in a will contest, where his clients concealed from the opposing side that the mother had already secured certain joint-tenancy accounts for herself, even though opposing counsel directly asked Potts to correct that misunderstanding if it existed. On his clients' instructions, Potts did not respond and instead drafted a settlement that concealed the true scope of the estate, and later litigation confirmed the accounts should have been part of the settlement. Montana's Office of Disciplinary Counsel (plaintiff) brought a complaint against Potts over his role in the concealment.

IssueFree

Whether a lawyer must withdraw from representation of a client if that representation would result in a violation of the rules of professional conduct.

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