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Robert Louis Butler (WSBA No. 448, admitted 1958), of Seattle, resigned in lieu of disbarment, effective May 7, 2007. This resignation was based on his conduct between 1996 and 2006 involving failure to complete work in a probate matter, lack of diligence, failure to provide an accounting, failure to deliver estate records to a successor personal representative, failure to comply with court orders, commission of a criminal act, and non-cooperation with a disciplinary investigation. Robert Louis Butler is to be distinguished from Robert David Butler, of Bellingham.
Mr. Butler held a power of attorney for an individual who died in March 1996. In November 1996, Mr. Butler, who was named in the decedent’s will as personal representative, filed a probate petition to be appointed as personal representative for the estate. Between 1996 and 2006, Mr. Butler engaged in the following conduct that established grounds for discipline:
• Failing to complete work on or close the estate in a timely fashion;
• Failing to communicate with a lawyer representing the estate of a beneficiary about the status of the probate;
• Failing to provide a full accounting and the estate file to the lawyer representing the successor personal representative following entry of an order of substitution;
• Failing to comply with a court order requiring Mr. Butler to deliver the estate file to the lawyer representing the successor personal representative;
• Failing to comply with two court orders requiring Mr. Butler to pay $2,625 and $1,575 in attorney’s fees to the lawyer representing the successor personal representative;
• Using a power of attorney to withdraw funds from the decedent’s bank account prior to conversion of the bank account to an estate account and prior to being appointed as personal representative of the estate, and failing to account for $15,000 of those funds in the probate; and
• Failing to respond to a grievance or to cooperate with the Bar Association’s disciplinary investigation.
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 keep a client reasonably informed about the status of a 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; former RPC 1.14(b)(3), requiring a lawyer to maintain complete records of all funds, securities, and other properties of a client coming into the possession of the lawyer and to render appropriate accounts to his or her client regarding them; RPC 8.4(b), prohibiting a lawyer from committing a criminal act (here, theft) that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects; RPC 8.4(i), prohibiting a lawyer from committing any act involving moral turpitude, or corruption, or any unjustified act of assault or other act which reflects disregard for the rule of law; RPC 8.4(j), prohibiting a lawyer from willfully disobeying or violating a court order directing him or her to do or cease doing an act which he or she ought in good faith to do or forbear; and 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 (here, ELC 5.3).
Nancy Bickford Miller represented the Bar Association. Mr. Butler represented himself. Craig C. Beles was the hearing officer. |