Case against paralegal dismissed

The state Attorney General’s Office has agreed to dismiss a complaint that alleged Flathead Valley paralegal and former state Sen. Jerry O’Neil had been “deceptive” in his practice.

The charges were filed against O’Neil in June 2007, contending that O’Neil had violated the state’s Unfair Trade and Consumer Protection Act.

Helena District Judge Jeffrey Sherlock denied a state request for summary judgment in April and gave the Attorney General’s Office until May 24 to respond to several of O’Neil’s discovery requests, including a request to identify a single person who claimed to have been deceived by O’Neil’s advertising.

The state did not respond to his requests and on May 24, an assistant attorney general signed an agreement dismissing the case. O’Neil said the Case against paralegal dismissedmatter is settled except for his claims against the state for attorney fees.

O’Neil said he is “very pleased” with the outcome, as well as the Montana Supreme Court’s recent decision dissolving the Commission on Unauthorized Practice of law.

The commission was overseen by the court for years, but the April 20 order found that the court has no constitutional authority to define the lawful practice or the unlawful practice of law.

“This win, along with the Montana Supreme Court disbanding their Commission on the Unauthorized Practice of Law, will make it easier for people of modest means to receive legal services,” O’Neil said. “I am proud and grateful to have made a contribution to the public’s access to their judicial system.”

O’Neil’s has tangled with the state and the commission over his status as an “independent paralegal” for years.

In 2006, the commission pursued litigation that resulted in Polson District Judge Kim Christopher affirming an injunction that prohibited O’Neil from practicing law or advertising that he is capable of doing so.

That resulted in O’Neil making some changes to his business cards and advertisements and in his business practices. O’Neil has since contended that he has complied with the injunction.

O’Neil is also pursuing litigation at the federal level, asking the 9th U.S. Circuit Court of Appeals to increase the scope of paralegals’ abilities to help the public get access to the judicial system.

O’Neil is a Republican candidate for House District 3.