McCann disbarred for 'outrageous' conduct in court, disciplinary proceedings
Thursday, June 7, 2018
Posted by: Joe Menden
The Montana Supreme Court has disbarred attorney Genet McCann for what the attorney disciplinary commission called her “outrageous” conduct both in district court and in disciplinary proceedings.
The case arises out of McCann’s involvement in guardianship and conservator proceedings concerning her mother and her simultaneous representation of her brother in the probate of their father’s estate. The commission determined this representation to be in violation of Rule 1.7 of the Montana Rules of Professional Conduct.
But the commission reserved its harshest words for attacks McCann reportedly made against opposing parties,
The commission found that McCann, 62, of Big Sky, made “demeaning, baseless, and unwarranted” attacks against her mother’s appointed guardian and the appointed co-conservator of her father’s estate in the two cases. It further found that she made “insulting, scurrilous, libelous, and outrageous accusations” against Judge James Manley.
“Ms. McCann had numerous opportunities to correct or at least mitigate her conduct,” the commission wrote in its recommendation for disbarment. "In each instance, she took the approach of escalating the dispute by engaging in unprofessional name-calling, accusatory statements of bias, and relying on a hodgepodge of groundless claims and unsupportable theories that failed to articulate a coherent legal position. She is truly the poster child of not just a vexatious litigant, but a vexatious lawyer, unwilling or unable to see the outrageous nature of her conduct, both in the district court and in these disciplinary proceedings. Simply put, in the view of the Commission, she is neither fit nor worthy to practice law.”
The commission found that McCann’s conduct violated M. R. Pro. Cond. 3.1, 3.3, 8.2, 8.4(c) and 8 .4(d).
McCann also did not show up for her March 23 disciplinary hearing before the commission, sending her brother as a representative to say that she was on her way and would be arriving several hours late.
The Supreme Court accepted the commission’s recommendation of disbarment -- along with a concurrent seven-month suspension for a separate disciplinary complaint -- effective 30 days from the June 5 order. McCann also must pay the costs of the proceedings.