The Costs Of Bar Discipline

The Montana Supreme Court censured an attorney earlier this year and ordered the attorney to pay the costs of the disciplinary case. Several months later, the Office of Disciplinary Counsel (ODC) submitted its bill. The lawyer balked at the amount (slightly over $10,000) and raised several challenges, including a contention that the delay by ODC waived the costs requirement. The court disagreed and issued an opinion holding that costs ordered in bar cases are subject to the provision the the rules of disciplinary enforcement rather than civil rules. The court “did not intend the [bar rules] to tie ODC’s hands in limiting what resources could be assigned to evaluate and prosecute complaints.” A challenge to travel expenses bordered on frivolous. A remand was ordered to evaluate some aspects of the claim for costs. (Mike Frisch)