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Brian Butler (WSBA No.15529, admitted 1985), of Spokane, was suspended for 18 months, effective December 5, 2002 ,by order of the Supreme Court approving a stipulation. This discipline is based on his conduct between 1999 and 2001, involving failure to supervise a non-lawyer assistant, failure to comply with the trust account requirements, lack of diligence and communication with three clients and misrepresentation.
Matter 1: In early April 2001, Mr. Butler represented a client in a criminal matter. The client told Mr. Butler that her pre-trial hearing was set for May 1. Mr. Butler did not file a notice of appearance, contact the prosecutor or answer his client’s phone calls. On April 18, 2001 the client retained substitute counsel and asked that Mr. Butler refund her $1,500 non-refundable retainer. Mr. Butler did not refund her payment.
Matter 2: In November 2000, Mr. Butler agreed to represent a client in a child support modification action. In November, the client paid a $1,000 advance fee deposit, which Mr. Butler directed his staff to deposit into his general account. At this time, the client had paid all amounts previously billed. Mr. Butler withdrew from the client’s case in January 2001, billing the client 1.5 hours at $225 per hour for preparing the notice of intent to withdraw.that Mr. Butler’s non-lawyer assistant actually prepared. Mr. Butler did not refund any of the client’s fees.
Matter 3: In April 2001, Mr. Butler represented the landlord in an eviction proceeding. On the morning of the show cause hearing, Mr. Butler told the client he had an emergency hearing and could not appear with her. When the client picked up the file for court, Mr. Butler’s legal assistant noticed the affidavit of service had not been filed. She signed the process server’s name and then added Mr. Butler’s name as the notary public. The judge cancelled the hearing due to Mr. Butler’s absence. The forged affidavit was filed on May 2, 2001, and a second, actually signed by the process server was filed the next day. Mr. Butler did not provide any formal training for the legal assistant regarding her ethical obligations.
Matter 4: In 1999, clients retained Mr. Butler to file a lawsuit in Nevada alleging that a corporation had violated a shareholders agreement. Mr. Butler agreed to a contingent fee, but did not reduce the agreement to writing. Mr. Butler agreed to associate local counsel. Over the next year and a half, Mr. Butler did not associate with local counsel or file the lawsuit. In November 2001, the clients terminated Mr. Butler’s representation and asked for a refund of $2,000 they had paid for expenses. Mr. Butler did not provide an accounting or a refund. Mr. Butler did not cooperate with the disciplinary investigation of this matter.
Matter 5: In March 2000, Mr. Butler represented a client in a child support modification action. At the July hearing on the client’s case, the judge made an oral ruling and directed Mr. Butler to provide documentation of his client’s other child support obligations. Mr. Butler sent the client opposing counsel’s proposed orders, but did not explain that the orders reflected the court’s decision. In September 2001, the client disputed the proposed order. Mr. Butler did not tell opposing counsel or the court that his client disagreed with the orders. In October 2001, the court signed opposing counsel’s draft order. In December 2001, the Department of Child Support notified the client that he owed back child support and that a wage garnishment was in process. Mr. Butler told the client that the court had signed the order without his knowledge and without sending him a copy. Mr. Butler did not respond to the client’s request that he file a motion to vacate the order and stop the garnishment.
Mr. Butler’s conduct violated RPCs 1.3, requiring lawyers to diligently represent their clients; 1.4, requiring lawyers to keep clients reasonably informed of the status of their matters; 1.5 (a) and (c), requiring lawyers fees to be reasonable and contingent fee agreements to be in writing; 1.14(a) and (b)(2), requiring lawyers to deposit client funds into a trust account and to keep complete records and provide accountings of all client funds; 1.15(d), requiring lawyers to protect clients’ interests upon withdrawal; 5.3(a), (b) and (c), requiring partners and supervising lawyers to make reasonable efforts to ensure that non-lawyer assistants conduct in compatible with the lawyer’s professional responsibilities; 8.4(c), prohibiting conduct involving dishonesty, fraud, deceit or misrepresentation; and RLD 2.8, requiring lawyers to cooperate with the disciplinary process.
Marsha Matsumoto represented the Bar Association. Frank Conklin represented Mr. Butler.
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