Mary E. Duncan

Mary Elizabeth “Marilee” Duncan is an AV-rated civil trial attorney. More than 75% of Marilee’s practice involves the representation of both public and private entities in all aspects of their operations, including advice regarding FMLA and ADA issues, policies and handbooks, wage and hour issues, avoiding wrongful termination claims, prevention of discrimination/harassment/retaliation claims, facility use and management, and contract negotiations and drafting. In representing public entities and health care providers, Ms. Duncan has developed expertise in all issues related to compliance with the myriad federal and state laws and regulations affecting these entities.

Marilee sees her role representing school districts as a collaborative endeavor, constantly striving to improve outcomes for students, ensure faculty and administration understand and fulfill their obligations under the constitution and law to protect the rights of students, families, and staff, and guide administration in their efforts to meet the public’s expectations and trust. Marilee has developed expertise in advising schools regarding educating students with disabilities and represents schools in the Office of Civil Rights, Montana Human Rights Bureau, and special education proceedings. Her school practice also includes student discipline, employment matters (such as the unique rules regarding termination of tenure teachers), suicide prevention and safety protocols and programs, the intersection of health care and schools, advising school boards in their operations, and all other aspects related to school management.

Marilee litigates all types of civil cases for public and private entities. She has litigated and tried cases in the areas of constitutional law, civil rights, Section 1983, discrimination/retaliation, Title IX, open meeting/public record challenges, privacy issues, defamation, wrongful termination, non-competes and non-solicitation disputes, personal injury, premises liability, products liability, medical malpractice, insurance bad faith, insurance coverage, construction, partnership and shareholder disputes, trust/estate and probate contests, breach of contract, and consumer protection act/fraud. Marilee has successfully tried numerous jury and bench trials in the Montana federal and state district courts and administrative agencies and often obtains dismissal or summary judgment for her clients.

Marilee was awarded the Outstanding Law Student Award and the American Judicature Society Service Award (1987). Following law school, she clerked for the Thirteenth Judicial District, State of Montana. Upon entering private practice, she was appointed by the district court judges to the local rules revision committee. She served on the Montana Commission on Women and the State Bar Gender Fairness Task Force, 1990-1993. She continues to serve on the State Bar Ethics Committee, from her appointment in the early 1990’s.

Marilee is a frequent speaker and trainer in employment law and school law topics at continuing education seminars, in-services for teachers, administrators, and superintendents, and seminars for human resource professionals and management. She has been the co-chair of the premier labor and employment seminar in Montana (sponsored by The Seminar Group) since 2013, and speaker since 2006. She is an adjunct professor at Rocky Mountain College (School Law Course in the Masters in Education Leadership program).