Unauthorized Practice of Law Comm.
v.
Jackson

Not overruled or negatively treated on appealinfoCoverage
SUPREME COURT, STATE OF WYOMINGDec 4, 2018
D-18-0009 (Wyo. 2018)
D-18-00092018 WY 138

D-18-0009

12-05-2018

THE UNAUTHORIZED PRACTICE OF LAW COMMITTEE, WYOMING STATE BAR, Petitioner, v. DAVID JACKSON, Financial Services Manager of Badlands Energy Services, Inc., a Wyoming corporation, Respondent.


ORDER APPROVING CONSENT AGREEMENT

[¶1] This matter came before the Court upon a "Report and Recommendation for Approval of Consent Agreement," filed herein November 1, 2018, by the Unauthorized Practice of Law Committee of the Wyoming State Bar (the Committee). After a careful review of the Committee's Report and Recommendation, the attached "Consent Agreement," and the file, this Court finds that the Report and Recommendation should be approved, confirmed and adopted by the Court, and that the parties' Consent Agreement should be approved, pursuant to Rule 7(e) of the Rules of Procedure Governing Unauthorized Practice of Law. It is, therefore, [¶2] ADJUDGED AND ORDERED that the Unauthorized Practice of Law Committee's "Report and Recommendation for Approval of Consent Agreement," which is attached hereto and incorporated herein, shall be, and the same hereby is, approved, confirmed, and adopted by this Court; and it is further [¶3] ADJUDGED AND ORDERED that the parties' "Consent Agreement" be, and hereby is, accepted by this Court and the terms of the Consent Agreement are hereby adopted. [¶4] DATED this 5 day of December, 2018.

BY THE COURT:

/s/


MICHAEL K. DAVIS


Chief Justice

BEFORE THE SUPREME COURT STATE OF WYOMING

In the matter of DAVID JACKSON , Financial Services Manager of Badlands Energy Services , Inc., a Wyoming corporation , Respondent.

REPORT AND RECOMMENDATION FOR APPROVAL OF CONSENT AGREEMENT

THIS MATTER having come before the Unauthorized Practice of Law Committee (the "Committee") upon the motion of Bar Counsel for approval of a Consent Agreement in the above-captioned matter, and the Committee having considered the matter and being fully advised in the premises, finds, concludes and recommends:

1. The investigation in the above-captioned matter was initiated by Bar Counsel following receipt of a report from Michael J. Finn, Senior Assistant Attorney General, Wyoming Attorney General's Office, that Respondent David Jackson, Financial Services Manager of Badlands Energy Services, Inc., a Wyoming corporation ("Badlands"), a company located in Gillette, Campbell County, Wyoming, may have engaged in the unauthorized practice of law by representing Badlands in a legal proceeding in the Sixth Judicial District Court, Campbell County, Wyoming.

2. Rule 7, Rules Governing the Wyoming State Bar and the Authorized Practice of Law, provides in relevant part:

Rule 7. Authorization to practice law.
(a) The following persons are authorized to practice law in Wyoming:

(1) Members of the Wyoming State Bar, as more fully delineated and subject to the limitations set forth in the Bylaws of the Wyoming State Bar;

(2) Attorneys who have been granted pro hac vice admission as provided in Rule 8, subject to the limitations set forth in that rule;
(3) Law school clinic supervising attorneys meeting the qualifications of Rule 9, subject to the limitations set forth in that rule;
(4) Law students meeting the qualifications of Rule 9, subject to the limitations set forth in that rule; and
(5) Attorneys meeting the qualifications of Rule 5.5(d) of the Wyoming Rules of Professional Conduct, subject to the limitations set forth in that rule.

(b) "Practice law" means providing any legal service for any other person, firm or corporation, with or without compensation, or providing professional legal advice or services where there is a client relationship of trust or reliance, including appearing as an advocate in a representative capacity; drafting pleadings or other documents; or performing any act in a representative capacity in connection with a prospective or pending proceeding before any tribunal.
***


3. Respondent has accepted Bar Counsel's proposal to enter into a consent agreement as provided in Rule 5(f) of the Rules of Procedure Governing Unauthorized Practice of Law Proceedings (the "UPL Rules"), which provides:

(f) If, after conducting an investigation, Bar Counsel believes that the respondent has engaged in the unauthorized practice of law, Bar Counsel may do one or more of the following:

(1) commence civil injunction proceedings as provided in Rule 6;
(2) commence civil contempt proceedings as provided in Rule 8;
(3) enter into a consent agreement with the respondent in which the respondent agrees to do one or more of the following:

(A) refrain from the conduct in question;
(B) refund any fees collected;
(C) make restitution;
(D) pay a fine that may range from one hundred dollars ($100) to two hundred and fifty dollars ($250) per incident of unauthorized practice of law.


4. Respondent concedes that he is not a member of the Wyoming State Bar and engaged in the unauthorized practice of law as reported by Mr. Finn.

5. Pursuant to UPL Rule 5(f)(3), Respondent has agreed that he will refrain from similar conduct in the future.

6. Bar Counsel has agreed to forbear on other sanctions available under the Rules, including assessment of a fine; commencing civil injunction proceedings; and commencing civil contempt proceedings. However, Bar Counsel expressly reserves the right to pursue all available sanctions in the event Respondent commits conduct in violation with this Consent Agreement or Rule 7 of the Rules Governing the Wyoming State Bar and the Authorized Practice of Law.

7. UPL Rule 3(e) provides that the Committee has the authority to approve consent agreements:

The Committee shall have jurisdiction to conduct hearings on complaints alleging the unauthorized practice of law submitted by any person, including Bar Counsel; to approve or reject consent agreements; and to submit a report and recommendation to the Supreme Court containing findings of fact and conclusions of law following such hearings or approvals of consent agreements.


8. UPL Rule 6(d)(3)(A) provides:

If the respondent has entered into a consent agreement under subparagraph (3) of paragraph (f) of Rule S, the consent agreement shall be submitted to the Committee for consideration along with the recommendations of Bar Counsel. Within thirty (30) days of the agreement being tendered to the Committee, the Committee shall issue a decision either accepting or rejecting the agreement.


9. A quorum of the UPL Committee has reviewed Bar Counsel's motion for approval of the Consent Agreement and finds that said motion should be granted.

WHEREFORE, pursuant to Rule 7(c) of the UPL Procedural Rules, the Committee recommends that the Court approve the Consent Agreement in the above-captioned matter.

DATED this 31 day of October, 2018.

/s/_________


Christine Stickley, Chair


Unauthorized Practice of Law Committee


Wyoming State Bar

BEFORE THE UNAUTHORIZED PRACTICE OF LAW COMMITTEE WYOMING STATE BAR

In the matter of DAVID JACKSON , Financial Services Manager of Badlands Energy Services , Inc., a Wyoming corporation , Respondent.

CONSENT AGREEMENT

THIS CONSENT AGREEMENT is entered into by and between Mark W. Gifford, Bar Counsel for the Wyoming State Bar ("Bar Counsel") and David Jackson ("Respondent").

WHEREAS, Respondent is the Financial Services Manager of Badlands Energy Services, Inc., a Wyoming corporation ("Badlands"), a company located in Gillette, Campbell County, Wyoming; and

WHEREAS, by email dated August 24, 2018, Bar Counsel received a report from Michael J. Finn, Senior Assistant Attorney General, Wyoming Attorney General's Office, that Respondent may have engaged in the unauthorized practice of law by representing Badlands in a legal proceeding in the Sixth Judicial District Court, Campbell County, Wyoming (see Exhibit A hereto); and

WHEREAS, the Wyoming Supreme Court's Rules Governing the Wyoming State Bar and the Authorized Practice of Law provide, in relevant part:

Rule 7. Authorization to practice law.
(a) The following persons are authorized to practice law in Wyoming:

(1) Members of the Wyoming State Bar, as more fully delineated and subject to the limitations set forth in the Bylaws of the Wyoming State Bar,
(2) Attorneys who have been granted pro hac vice admission as provided in Rule 8, subject to the limitations set forth in that rule;

(3) Law school clinic supervising attorneys meeting the qualifications of Rule 9, subject to the limitations set forth in that rule;
(4) Law students meeting the qualifications of Rule 9, subject to the limitations set forth in that rule; and
(5) Attorneys meeting the qualifications of Rule 5.5(d) of the Wyoming Rules of Professional Conduct, subject to the limitations set forth in that rule.

(b) "Practice law" means providing any legal service for any other person, firm or corporation, with or without compensation, or providing professional legal advice or services where there is a client relationship of trust or reliance, including appearing as an advocate in a representative capacity; drafting pleadings or other documents; or performing any act in a representative capacity in connection with a prospective or pending proceeding before any tribunal.
***

and

WHEREAS, Respondent initially contended that his representation of Badlands is authorized by Rule 101(b) of the Uniform Rules for District Courts of the State of Wyoming, he now concedes that said rule provides that Badlands, a corporation, may appear only through an attorney licensed to practice law in Wyoming; and

WHEREAS, Respondent concedes that he is not a member of the Wyoming State Bar and engaged in the unauthorized practice of law as reported by Mr. Finn; and

WHEREAS, following Bar Counsel's investigation of the matter pursuant to the Rules of Procedure Governing Unauthorized Practice of Law Proceedings (the "UPL Procedural Rules"), the parties have come to terms on this Consent Agreement as provided in Rule 5(f)(3) of said Rules.

NOW, THEREFORE, in consideration of the premises and the foregoing recitals, the accuracy of which are hereby confirmed by the parties, it is agreed:

1. Respondent's representation of Badlands as reported by Mr. Finn constituted the Unauthorized Practice of Law pursuant to Rule 7 of the Rules Governing the Wyoming State Bar and the Authorized Practice of Law.

2. Pursuant to Rule 5(f)(3), Respondent agrees that he will refrain from similar conduct in the future.

3. Bar Counsel has agreed to forbear on other sanctions available under the Rules, including assessment of a fine; commencing civil injunction proceedings; and commencing civil contempt proceedings. However, Bar Counsel expressly reserves the right to pursue all available sanctions in the event Respondent commits conduct in violation with this Consent Agreement or Rule 7 of the Rules Governing the Wyoming State Bar and the Authorized Practice of Law.

SO STIPULATED:

/s/_________


Mark W. Gifford, Bar Counsel


Wyoming State Bar

/s/_________


David Jackson, Respondent STATE OF WYOMING COUNTY OF CAMPBELL ss.

Subscribed and sworn to before me on this 20 day of September, 2018, by David Jackson.

/s/_________


Notary Public My Commission Expires: 08/02/2022 EXHIBIT A

Shannon Howshar

From: Mark Gifford
Sent:
Friday, August 24, 2016 3:42 PM
To:
Shannon Howshar
Subject:
FW: Apparent Unauthorized Practice of Law
Attachments:
Roeber Petition.pdf From: Mick Finn <mick.finn@wyo.gov>
Sent: Friday, August 24, 2018 3:19 PM
To: Mark Gifford <mgifford@wyobc.org>
Subject: Apparent Unauthorized Practice of Law Mark Gifford, Bar Counsel
Office of Bar Counsel - Wyoming State Bar
P.O. Box 109
Cheyenne, WY 82003-0109 Mr. Gifford, Attached hereto is a pleading that was recently filed in the 6th Judicial District of Campbell County on behalf of a Wyoming corporation named Badland Services, Inc. This pleading Is titled "Petition for Writ of Review" when in actuality It Is a petition for judicial review. The pleading is signed by a David Jackson, who signed as a "Human Resource Specialist" of the corporation. Mr. Jackson is also listed as the corporation's registered agent on the Wyoming Secretary of State's website. He is not listed as a licensed attorney in Wyoming on the Wyoming Bar's web directory. This appears to be a case of the unauthorized practice of law, as recognized by the Wyoming Supreme Court in the case of In re Walton, WY 2018 68 (Wyo. 2018). Let this office know if you need additional information from us. Yours truly, Michael J. Finn
Senior Assistant Attorney General
Wyoming Attorney General's Office
2320 Capitol Avenue
Cheyenne WY 82002
(307) 777-7242 This e-mail transmission and any attachments to it contains information from the office of the Wyoming Attorney General which may be confidential and/or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the Intended recipient, be aware that any disclosure, copying, distribution or the use of the contents of this information is prohibited. If you have received this e-mail in error, please notify me at (307) 777-7242 or (307) 777-6990, or return this e-mail immediately so that I can arrange for the deletion of the information and destruction of any copies that have been made at no cost to you. E-Mail to and from me, in connection with the transaction of public business, is subject to the Wyoming Public Records Act and may be disclosed to third parties.

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