| Description: |
Brian T. Butler (WSBA No. 15529, admitted 1985), of Spokane, has been ordered censured pursuant to a stipulation approved by the Disciplinary Board on September 29, 2000. This discipline is based on Mr. Butler’s failure to diligently represent and communicate with a client.
In August 1994, Mr. Butler agreed to represent a client in an intentional tort claim against the client’s employer. The client was employed as a horticulturist at a cemetery and was asked to assist in a child’s burial. This experience was devastating to the client, who resigned his position. Although Mr. Butler did not prepare the required written fee agreement, he agreed to represent the client on a contingent-fee basis.
The client asked Mr. Butler if he should file a claim against the employer with the Department of Labor and Industries (L&I). The parties dispute whether Mr. Butler advised the client to seek advice from a lawyer familiar with these claims, or whether he advised the client that the claim would not be worth pursuing. Neither Mr. Butler nor the client pursued the claim, and the statute of limitations expired.
In September 1995, after receiving no written communication or billing statements from Mr. Butler, the client requested his file. The client discovered that Mr. Butler had taken no action, and that his file contained only the intake notes and correspondence from a psychologist that the client had seen.
On June 3, 1997, the client’s subsequent counsel filed a complaint for damages against the former employer. The case was dismissed on summary judgment as being barred because the client had not filed a claim with L&I.
Mr. Butler’s conduct violated RPCs 1.3, requiring lawyers to act diligently; 1.4, requiring lawyers to explain matters to the extent necessary for clients to make reasonable decisions about their matters; and 1.5(c)(1), requiring contingent-fee agreements to be in writing.
C. Elizabeth Williams represented the Bar Association. Mr. Butler represented himself.
|