Discipline Notice - Cynthia A. Montgomery

License Number: 17875
Member Name: Cynthia A. Montgomery
Discipline Detail
Action: Suspension
Effective Date: 10/19/2007
RPC:
Discipline Notice:
Description: Cynthia A. Montgomery (WSBA No. 17875, admitted 1988), of Spokane, was suspended for six months, effective October 19, 2007, by order of the Washington State Supreme Court imposing reciprocal discipline in accordance with an order of the Supreme Court of the State of Colorado following approval of a stipulation. This discipline was based on conduct in a dissolution matter involving failure to timely serve interrogatories and requests for protective orders, improper withdrawal of client funds from a retainer before work had been performed, and failure to provide billing statements to the client. For more information, see the Colorado Supreme Court Summary, under September 2007, for Montgomery, Conditional Admission, 07PDJ035, 08-22-07, at www.coloradosupremecourt.us/pdj/pdj.htm.

Ms. Montgomery's conduct violated Colorado RPC 1.3, requiring a lawyer to act with reasonable diligence and promptness in representing a client; Colorado RPC 1.4, requiring a lawyer to keep a client reasonably informed about the status of a matter, to promptly comply with reasonable requests for information, and to explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation; Colorado RPC 1.15(a) requiring a lawyer, in connection with a representation, to hold property of clients or third persons that is in an attorney's possession separate from the attorney's own property and governing the maintenance and recordkeeping of the client's or third persons' funds; Colorado RPC 1.15(c), requiring a lawyer, when in possession of property in which both the lawyer and another person claim interests, to keep the property separate until there is an accounting and severance of their interests; Colorado RPC 1.15(f), describing the required bank accounts that every attorney in private practice in the state of Colorado must maintain; and Colorado RPC 8.4(c), making it professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.

Felice P. Congalton represented the Bar Association. Ms. Montgomery represented herself.


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