Montana Bar Association Office of Disciplinary Counsel

ODC Case No. 25-147

Supplemental Submission #3 - November 2025

Re: Bryan Tipp, Tipp Colburn Lockwood, P.C.

Professional Malpractice and Ethical Violations

I. Introduction

This supplemental submission documents additional critical malpractice by Bryan Tipp during his representation of Mr. Nuno in criminal proceedings. Specifically, Mr. Tipp pressured his client to surrender passwords for seized electronic devices to law enforcement, directly contradicting basic cybersecurity principles, professional obligations to protect client interests, and established legal precedent regarding compelled password disclosure. This conduct demonstrates a pattern of prioritizing prosecutorial convenience over client protection, further supporting the existing complaint regarding Mr. Tipp's ethical violations and professional negligence.

II. Factual Background: The Password Coercion Incident

A. Context of Electronic Device Seizure

During the prosecution of Mr. Nuno on stalking charges (later dismissed with prejudice), law enforcement executed what could have been argued was an illegal search warrant that lacked probable cause. This warrant resulted in the seizure of:

• Client's personal cell phone
• Apple Watch
• Multiple work computers containing proprietary client information
• All electronic devices in the residence

B. Prosecutorial Offer and Security Concerns

Following the seizure, prosecutors made an offer to return the seized property in exchange for Mr. Nuno providing passwords to unlock all devices. Mr. Nuno appropriately refused this demand based on four critical professional and legal considerations:

1. Fundamental IT Security Principles: As an IT professional with over 20 years of experience, Mr. Nuno understood that providing passwords to unauthorized parties violates basic cybersecurity protocols and professional standards. The cardinal rule of information security is that passwords should never be shared with anyone under any circumstances.

2. Lack of Evidentiary Necessity: No discovery had been provided demonstrating any probable cause for the charges. The initial charging documents contained no supporting evidence justifying the search. Given the lack of factual basis for the prosecution, surrendering passwords would provide no meaningful assistance to legitimate defense efforts.