Complaint to the Office of Disciplinary Counsel, State Bar of Montana — Re: Steven T. Potts (2025)
COMPLAINT TO THE OFFICE OF DISCIPLINARY COUNSEL
STATE BAR OF MONTANA
Date: December 2, 2025
Complainant:
Michael Kelman Portney
Respondent:
Steven T. Potts
600 Central Avenue
Great Falls, MT 59401
I. SUMMARY OF COMPLAINT
This complaint concerns Attorney Steven T. Potts’s conduct as trustee of the Natalee H. Kelman Trust, and is a new violation arising from the same nexus of facts as a previous ODC case 25-037, which ODC declined to investigate. Attorney Potts engaged in differential treatment of trust beneficiaries, cooperating with one beneficiary’s request for trust accounting while immediately revoking that cooperation upon learning another beneficiary was involved. Attorney Potts expressly cited his personal litigation concerns as justification for refusing mandatory fiduciary duties, creating an impermissible conflict of interest and breaching his obligations under the Montana Uniform Trust Code.
II. FACTUAL BACKGROUND
A. The Trust and Parties
The Natalee H. Kelman Trust was established for the benefit of multiple beneficiaries, including Jessica Kelman and me, Michael Kelman Portney. Attorney Steven T. Potts serves as trustee of the Trust. George Campanella, now deceased, served as co-trustee in his personal capacity. Campanella’s former accounting firm, Junkermier, Clark, Campanella, Stevens P.C. (JCCS), maintains certain trust records.
B. Jessica Kelman’s Request for Accounting
In November 2025, beneficiary Jessica Kelman contacted Attorney Potts to request an accounting of the Trust, as allowed under Montana UTC 72-38-813. Attorney Potts claimed not to have any paperwork, despite his obligation under Montana UTC, and he directed Ms. Kelman to JCCS, which held certain trust records from Campanella’s tenure as co-trustee.
JCCS required trustee authorization to release trust documents to beneficiaries. Attorney Potts signed and transmitted the required release form.
On November 20, 2025, at 3:50 PM MST, Attorney Potts emailed JCCS:
“I received a request to sign this release of copies of income tax returns of the Natalee Kelman trust from Jessica Kelman Cardwell, and I have signed it.”
At this point, he was cooperating fully.
C. Michael Kelman Portney Joins the Thread
After learning the accounting process was underway, I joined the email thread as a fellow beneficiary. I thanked Attorney Potts for signing the release and requested that he sign an authorization for Stifel, the financial institution holding trust assets, to release historical account statements.
My email stated:
“Steve, thank you for getting that signed — I appreciate it. To complete the record ahead of Friday’s deadline, the next step is obtaining the historical statements from Stifel for the Natalee H. Kelman Trust. Steve, once that’s confirmed, could you submit the same type of authorization to Stifel today — using their standard form — so they can release the full trust file?”
D. Attorney Potts’s Immediate Revocation
Upon seeing my name included, Attorney Potts immediately revoked the authorization he had previously granted. His revocation email stated:
“This is to notify you that I am revoking the release of information I sent to Karen yesterday. I did not realize it was for Michael Portney. Michael has indicated he is suing me, so it is better that documents be produced, if at all, through the litigation process.”
III. RULE VIOLATIONS
A. Montana Rules of Professional Conduct
Rule 1.7 — Conflict of Interest: Current Clients
Attorney Potts has acknowledged a personal adversarial interest with me while serving as trustee owing fiduciary duties to me. His statement “Michael has indicated he is suing me” confirms he is refusing fiduciary obligations because of personal litigation concerns. A trustee cannot deny a beneficiary trust information because it might disadvantage the trustee in separate litigation.
Rule 8.4 — Misconduct
Rule 8.4(c) prohibits conduct involving dishonesty, fraud, deceit, or misrepresentation. Rule 8.4(d) prohibits conduct prejudicial to the administration of justice.
Attorney Potts’s claim “I did not realize it was for Michael Portney” is either gross negligence or a misrepresentation. Either possibility reflects a breach of professional standards.
It should be noted as well that Michael Kelman Portney suffers from Autism Spectrum Disorder, while Jessica Kelman does not.
His statement that documents should be produced “if at all” through litigation suggests potential obstruction of beneficiary rights and possible disruption of lawful discovery obligations.
B. Montana Uniform Trust Code Violations
72-38-803 — Duty to Administer Trust
A trustee must administer the trust solely in the interests of the beneficiaries. Attorney Potts’s revocation was not based on trust administration but on his desire to shield himself from litigation.
72-38-813 — Duty to Inform and Report
A trustee must keep qualified beneficiaries reasonably informed about the trust. Refusing to provide information to one beneficiary while providing it to another violates this statute.
Duty of Impartiality
A trustee must treat beneficiaries impartially unless the trust instrument provides otherwise. There is no such provision here. Attorney Potts provided one beneficiary with access to trust records and revoked that access the moment he realized the same information would reach me.
IV. THE DIFFERENTIAL TREATMENT IS EXPLICIT AND DOCUMENTED
The sequence is clear and undisputed:
Jessica requests accounting.
Potts cooperates and signs release.
I join the thread requesting the same information.
Potts immediately revokes authorization.
Potts explicitly states the reason: my potential litigation against him.
This constitutes unequal treatment of beneficiaries based solely on the trustee’s personal conflicts.
V. ATTORNEY POTTS’S CONFLICT OF INTEREST PREVENTS PROPER TRUST ADMINISTRATION
Attorney Potts cannot serve both as trustee (owing fiduciary duties) and as my adversary. He has openly chosen to prioritize his personal defense over his legal duties under the trust. This is self-dealing and a breach of fiduciary duty.
VI. PRIOR DISCIPLINE
Public records show that Attorney Potts received a public censure from the Montana Supreme Court in 2007 (In re Steve Potts, 336 Mont. 517) for misconduct involving dishonesty, fraud, and failure to disclose material facts to the tribunal while representing clients in estate matters. The Commission on Practice found that Attorney Potts assisted his clients in fraudulent conduct during estate settlement negotiations and failed to correct material misunderstandings with opposing counsel.
This prior discipline is relevant to the assessment of Attorney Potts's fitness to serve as a fiduciary, as both the 2007 conduct and the conduct alleged in this complaint involve dishonest behavior while Attorney Potts was serving in a fiduciary capacity related to estate and trust matters. Notably, ODC recommended a 30-day suspension in that case, but the Montana Supreme Court imposed a lesser sanction after four members of the Court recused themselves. The current complaint demonstrates that Attorney Potts continues to engage in dishonest conduct while serving as a trustee, suggesting that the 2007 discipline did not adequately deter future misconduct in fiduciary roles.
VII. RELIEF REQUESTED
I respectfully request that the Office of Disciplinary Counsel:
Investigate Attorney Potts’s conduct as trustee.
Determine whether his conduct violates the Montana Rules of Professional Conduct.
Assess whether his acknowledged conflict of interest renders him unfit to continue as trustee.
Impose appropriate discipline.
Consider his prior discipline as an aggravating factor.
VIII. DOCUMENTARY EVIDENCE
Emails between me, Potts, Kelman, and JCCS where Potts revokes his signature
Trust documentation
IX. CERTIFICATION
I certify that the statements made in this complaint are true and accurate to the best of my knowledge. I understand that filing a false complaint may subject me to sanctions. I consent to the Office of Disciplinary Counsel investigating this matter and contacting me for additional information if needed.
Signature: /s/ Michael Kelman Portney
Printed Name: Michael Kelman Portney
Date: December 2, 2025
I am available to provide additional documentation, testimony, or clarification as needed.
