TO: Office of Disciplinary Counsel
FROM: Anonymous Legal Assistance Group
RE: Supplemental Analysis - First Amendment Rights Violation in Non-Prosecution Agreement
RESPONDENT: Bryan Tipp, Esq. (Tipp, Colburn, Lockwood, P.C.)
DATE: September 21, 2025
This supplemental report provides detailed legal analysis of a previously unreported violation by Respondent Bryan Tipp: requiring client Elvis Nuno to surrender fundamental First Amendment rights as a condition of a non-prosecution agreement. This conduct represents a categorical breach of professional ethics that violated Mr. Nuno's constitutional rights and falls below the standard of competent representation required under Montana Rules of Professional Conduct.
The specific violation involved Respondent's negotiation of a non-prosecution agreement that mandated removal of a Google review posted by Mr. Nuno regarding the YWCA of Missoula. This requirement constitutes an unconstitutional condition that no competent attorney should have accepted, particularly given the absence of any legitimate legal basis for such a demand.
Violation: Respondent failed to recognize that requiring a client to surrender First Amendment rights as a condition of criminal case resolution violates fundamental constitutional principles.
Legal Standard: A competent attorney must understand that:
Evidence: The non-prosecution agreement's Google review removal requirement demonstrates ignorance of established constitutional law and professional ethics standards.
Violation: Respondent failed to protect client's constitutional rights during plea negotiations, instead facilitating their violation.