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David P. Butler (WSBA No. 20395, admitted
1991), of Aberdeen, was disbarred, effective
November 23, 2011, by order of the Washington
State Supreme Court following a default
hearing. This discipline was based on conduct
involving failure to act with reasonable diligence,
failure to communicate, conversion of
client funds, failure to protect clients’ interests,
dishonest conduct, failure to cooperate
in a grievance investigation, and conduct
demonstrating unfitness to practice law.
Matter No. 1: In January 2005, Mr. Butler
represented Client A in an appeal of an unlawful
detainer action, in which the opposing
party was awarded a writ of restitution and
attorney’s fees. He also represented Client
A in a lawsuit against the business from
whom Client A had subleased space. In a
2007 unpublished opinion, the Court of Appeals
decided that the opposing party had
properly obtained the writ of restitution and
attorney’s fees award against Client A. When
the opposing party tried to collect, Mr. Butler
filed a separate lawsuit on behalf of Client A,
which was dismissed on summary judgment
because the suit had been filed against an
individual rather than the business entity
and because the claims were time-barred.
Mr. Butler failed to adequately explain the
unlawful detainer action or the lawsuit to
Client A. The Court of Appeals dismissed
the appeal in 2008 when Mr. Butler failed to
perfect the record on appeal.
Matter No. 2: In March 2010, Client B
hired Mr. Butler to represent him in a tribal
court criminal matter for a flat fee of $1,000.
Client B’s partner paid $500 that day and later
paid the balance. Without explanation, Mr.
Butler failed to appear for Client B’s hearing
in tribal court. The judge appointed a public
defender to represent Client B. The public
defender informed the court that on or about
June 1, 2010, Mr. Butler had vacated his office.
Mr. Butler did not refund Client B’s unearned
fees, which he knowingly converted for his
personal use.
Matter No. 3: In March 2010, Client C hired
Mr. Butler to represent her in a criminal matter
for a flat fee of $3,500. She paid Mr. Butler
$3,000 and Mr. Butler appeared with Client C
at her March 30, 2010, arraignment. The court
set a May 21, 2010, pre-trial hearing. The first
week of May, Client C met briefly with Mr.
Butler to discuss her case. Mr. Butler did not
appear at the May 21, 2010, hearing and did
not refund Client C’s unearned fees. Client C
could not reach Mr. Butler and subsequently
obtained new counsel to resolve her charges.
Matter No. 4: In April 2010, Mr. Butler
was hired by Client D to vacate his criminal
conviction. Mr. Butler and Client D signed a
fee agreement for a flat fee of $8,000; however,
the Washington Appellate Project had filed
a Notice of Appeal and Order of Indigency
for Client D in February 2010. In April 2010,
Client D’s family sent Mr. Butler $2,000, which
he converted for his personal use. Mr. Butler
knowingly failed to communicate about the
case and failed to file a Notice of Appearance
or otherwise act on the appeal. In October
2010, Client D’s daughter sent Mr. Butler an
email requesting a refund of the $2,000. Mr.
Butler did not respond and did not refund
the unearned fees.
The individuals involved in the previous
matters filed grievances against Mr. Butler,
who failed to respond to the Association’s
numerous requests for responses.
Mr. Butler’s conduct violated RPC 1.3,
requiring a lawyer to act with reasonable
diligence and promptness in representing a
client; RPC 1.4, requiring a lawyer to promptly
inform the client of any decision of circumstance
with respect to which the client’s
informed consent is required by these Rules,
reasonably consult with the client about the
means by which the client’s objectives are to
be accomplished, keep the client reasonably
informed about the status of the matter,
promptly comply with reasonable requests
for information, and explain a matter to the
extent reasonably necessary to permit the client
to make informed decisions regarding the
representation; RPC 1.15A(b), prohibiting a
lawyer from using, converting, borrowing, or
pledging client or third-person property for
the lawyer’s own use; RPC 1.16(d), requiring
a lawyer, upon termination of representation,
to take steps to the extent reasonably
practicable to protect a client’s interests,
such as giving reasonable notice to the client,
allowing time for employment of other
counsel, surrendering papers and property to
which the client is entitled, and refunding any
advance payment of fee or expense that has
not been earned or incurred; RPC 8.4(c), prohibiting
a lawyer from engaging in conduct
involving dishonesty, fraud, deceit, or misrepresentation;
RPC 8.4(l), prohibiting a lawyer
from violating a duty or sanction imposed by
or under the Rules for Enforcement of Lawyer
Conduct in connection with a disciplinary
matter; and RPC 8.4(n), prohibiting a lawyer
from engaging in conduct demonstrating
unfitness to practice law.
Linda B. Eide represented the Bar Association.
Mr. Butler did not appear either
in person or through counsel.
Octavia Y. Hathaway was the hearing officer. |