Montana Code 37-61-301. Disbarment
37-61-301. Disbarment. (1) The supreme court of the state has exclusive jurisdiction to remove or suspend attorneys at law.
Terms Used In Montana Code 37-61-301
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Willfully: when applied to the intent with which an act is done or omitted, means a purpose or willingness to commit the act or make the omission referred to. See Montana Code 1-1-204
(2)An attorney may be removed or suspended for any of the following causes arising after admission to practice:
(a)conviction of a felony or misdemeanor involving moral turpitude, in which case the record of conviction is conclusive evidence;
(b)willful disobedience or violation of an order of the court requiring the individual to do or forbear an act connected with or in the course of the legal profession that the individual ought in good faith to do or forbear and any violation of the oath taken by the individual or of the duties as an attorney;
(c)corruptly or willfully and without authority appearing as attorney for a party to an action or proceeding;
(d)lending the attorney’s name to be used as attorney by another person who is not an attorney;
(e)being guilty of deceit, malpractice, crime, or misdemeanor involving moral turpitude.