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COM'N ON UNAUTHORIZED PRACTICE v. O'NEIL

No. 04-857.

147 P.3d 200 (2006)

2006 MT 284

334 Mont. 311

MONTANA SUPREME COURT COMMISSION ON the UNAUTHORIZED PRACTICE OF LAW, Petitioner and Respondent, v. Jerry O'NEIL, on Behalf of Himself, His Clients, and His Constituents, Respondent and Appellant, v. The Montana State Bar Association, Defendant and Respondent.

Supreme Court of Montana.

Decided November 8, 2006.

Rehearing Denied December 6, 2006.

Attorney(s) appearing for the Case

For Appellant: Jerry O'Neil (pro se), Columbia Falls, Montana.

For Respondent Montana Supreme Court Commission on the Unauthorized Practice of Law: David A. Hawkins, Attorney at Law, Helena, Montana.

For Respondent Montana State Bar Association: Stephen C. Berg, Johnson, Berg, McEvoy & Bostock, Kalispell, Montana, Betsy Brandborg, Attorney at Law, Helena, Montana.

For Amicus Curiae: The Honorable Mike McGrath, Montana Attorney General, Anthony Johnstone, Assistant Attorney General, Helena, Montana.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 The Montana Supreme Court Commission on the Unauthorized Practice of Law (the Commission) filed a Petition for Finding Civil Contempt and for Permanent Injunction against Jerry O'Neil (O'Neil). O'Neil filed a counterclaim against the Commission along with a third-party complaint against the State Bar of Montana (the Bar)1 alleging defamation, tortious interference with...

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