The Office of Disciplinary Council has filed two complaints against a former Office of Public Defender staff attorney alleging professional misconduct.
In 2023, lawyer Scotti Ramberg admitted — by failing to respond to questions — she tried to take possession of a house without its owner’s permission following a lawsuit that was settled in Missoula County District Court.
Ramberg, the Missoula attorney in the complaints, did not respond Monday to a request for comment, the Daily Montanan reports.
The Office of Disciplinary Council investigates and prosecutes grievances against lawyers.
Ramberg previously worked as a staff attorney for the Montana Office of the Public Defender. In March 2024, the Office of the Public Defender said Ramberg’s last day as a staff attorney was March 8, but she was working on contract.
Monday, OPD spokesperson Andrea Moore declined to provide Ramberg’s status with the state.
“I’m unable to provide any additional information about Ms. Ramberg’s current involvement with OPD at this time,” Moore said.
The Office of Disciplinary Council filed two complaints against Ramberg dated July 29 that include multiple allegations of dishonest acts. The complaints allege five total breaches of the Montana Rules of Professional Conduct, which govern the ethical conduct of attorneys in the state.
One complaint includes new details tied to the lawsuit a property owner and his representative filed against Ramberg, alleging she filed illegal liens against his home in Missoula after trying to force its foreclosure in a complex scheme.
Sometime after 2005, the owner moved to California into an assisted living facility, leaving the house vacant, the complaint said.
The homeowners’ association filed a lien with the Missoula County Clerk and Recorder for unpaid water assessments in 2007 and a notice of noncompliance in 2017, the complaint said.
In November 2020, the homeowners’ association filed a second lien, which superseded the first, the complaint said.
It said in December 2020, Ramberg formed a couple of limited liability entities to which the homeowners’ association later assigned all interest.
The HOA took action through its lawyer, Rufus Peace, who shared an address with Ramberg, according to earlier reporting by the Daily Montanan.
Ramberg earlier declined to comment on the nature of their relationship and did not respond to a voicemail for comment Monday.
The property owner and representative sued to invalidate the liens and for damages, “as well as for numerous other claims resulting from her unlawful use and possession of the property.”
In the earlier lawsuit, the court found Ramberg admitted she entered the house, changed the locks, took property from the premises, and took possession of the house without permission.
The complaint filed by the Office of Disciplinary Counsel alleged she violated rules against dishonest conduct numerous times; violated a rule that protects people who do not have legal representation; and violated a rule that prohibits communication with a person known to have a lawyer.
The complaint said in the course of the case, Ramberg conducted an interview with the property owner “despite being aware that J.B. was represented” by counsel.
The rules of conduct prohibit communication by a lawyer with a person who is known to be represented by another lawyer.
The complaint also alleges Ramberg violated a rule that prohibits conduct involving “dishonesty, fraud, deceit and misrepresentation.”
“Respondent’s explanations surrounding taking possession of J.B.’s property are both inconsistent and unbelievable,” the complaint said.
It said she offered different explanations for taking possession of the property.
It said she filed construction liens for work “she allegedly completed,” but she never provided receipts or documentation, and she never served notice of the liens on the property owner “as required.”
One of the limited liability entities Ramberg formed filed a construction lien for $73,123.13, and another for $36,200.44 against the property.
After the lawsuit had been filed, Ramberg said she had a contract to purchase the house, an agreement “allegedly signed by J.B.” However, the contract was not notarized, the complaint said.
“The terms of the contract are also highly disadvantageous to J.B. Notably, (Ramberg) never produced this document as a defense in the lawsuit,” the complaint said.
It said she swore to the court she didn’t have contact with the property owner and couldn’t serve him notice directly, but once litigation ensued to prevent foreclosure, she found him and interviewed him.
The complaint also said Ramberg submitted a claim to an insurance company for a new roof, which had been replaced in 2014.
However, it said she reported the roof was in good shape in 2021 when she bought the policy, although photos and testimony demonstrate it was in disrepair both before and after.
“Whether she informed the insurance company or failed to correct its misunderstanding, the insurance company paid for a complete roof replacement based upon these statements,” the complaint said.
It said the contract Ramberg produced with the property owner, offering to sell her the house, “contained terms that were highly unfavorable” to the property owner and highly favorable to her.
It would have Ramberg purchasing the house for less than 22% of its market value, the complaint said.
“In addition, (Ramberg) was allowed to live in the house rent-free, indefinitely,” the complaint said. “(She) also indicated that this contract allowed her to rent the property and keep the proceeds.”
The Office of Disciplinary Counsel said she produced no evidence showing she instructed the property owner to seek counsel or inform him she was not a disinterested party, another violation of the rules of professional conduct.
“When the lawyer knows or reasonably should know that the unrepresented person misunderstands the lawyer’s role in the matter, the lawyer shall make reasonable efforts to correct the misunderstanding,” the complaint said.
That means not giving legal advice, other than advising the person to get a lawyer, if the lawyer knows or should know a conflict of interest is possible, the complaint said.
The second complaint alleges Ramberg violated a rule that says it is misconduct for a lawyer to commit a criminal act that reflects adversely on their honesty, trustworthiness or fitness as a lawyer, or to be deceitful.
It said in December 2023, she and her ex-husband participated in a contentious hearing in Missoula County District Court. It said her husband accidentally left his phone and wallet on a table, and she threw them into the trash.
A bailiff retrieved them, and her ex-husband collected them 15 minutes or so later.
Roughly one month later, Ramberg asked a security guard if the court had recorded the incident on camera, and the guard confirmed it had, the complaint said.
“(Ramberg) described the incident to the security guard, indicated that the video would incriminate her, and asked him to delete the recording,” the complaint said.
It said Ramberg then said she was “joking” and walked away.
In April 2024, the Missoula County attorney accused Ramberg of misdemeanor theft of lost or mislaid property, and Ramberg was found guilty in a bench trial and did not appeal, the complaint said.
The complaint said Ramberg admitted to throwing away the wallet and phone, admits to the conversation with the guard, although said she was joking, and admits to the charges and conviction, but said she was “not in her right mind” at the time.
Ramberg has the opportunity to respond to the complaints, and a hearing with a panel of the Commission on Practice is possible.
Should the Commission on Practice find the allegations warrant disciplinary action, it could recommend a range of punishment, from a public admonition all the way to disbarment.
The Commission on Practice makes recommendations to the Montana Supreme Court, which oversees the body and issues the decisions on discipline.
Daily Montanan is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Daily Montanan maintains editorial independence. Contact Editor Darrell Ehrlick for questions: info@dailymontanan.com.