In the Matter of Steven T. Potts
Montana Supreme Court
158 P.3d 418 (2007)
Attorney Steven Potts (defendant) represented Evon Leistiko and her son Tyson in a will contest over the distribution of Evon’s mother’s estate. A significant part of the estate comprised joint tenancy accounts that Evon had held with her mother. When Potts represented Evon and Tyson in a settlement proceeding with the opposing parties, Evon and Tyson concealed from the opposing side that Evon had already secured some of the joint tenancy accounts to herself and planned to secure the remaining account shortly after settlement. The opposing parties proceeded with the settlement under the belief that those joint accounts were included in the negotiations for the distribution of the total estate. The opposing attorney directly confirmed to Potts that his clients believed those accounts were to be included in the settlement, and asked Potts to notify him if this belief was incorrect. Potts did not respond to the letter, based on Tyson’s instructions. Potts proceed to draft a settlement stipulation that concealed this misunderstanding as to the scope of the estate included in the settlement. In further litigation, the court found that the accounts should have been included in the settlement. The Office of Disciplinary Counsel of the State of Montana (plaintiff) pursued a complaint against Potts regarding his conduct in the settlement.
Rule of Law
Holding and Reasoning (Per curiam)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 726,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 726,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,700 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.