Attorney Grievance Commission v. Butler
426 Md. 522
Md.2012Background
- Butler, admitted 2003, faced multiple prior disciplinary sanctions; represented Ferguson Towing, Inc. and the Fergusons in a civil action; failed to appear at two trial dates; attempted to procure a settlement/Release to waive fees and potential claims; a default judgment was entered against FTI on Feb. 5, 2010; the Commission charged violations of MLRPC 1.1, 1.2, 1.3, 1.4, 1.8(h), 3.4(c), 4.2, 8.1, and 8.4; Judge Sfekas found violations of 1.1, 1.3, 1.4, 1.8(h), and 8.4(d) with mitigations; Court suspended Butler for 60 days.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Butler violated MLRPC 1.1 by competent representation. | Butler failed to appear or arrange substitute counsel for Feb. 5. | Butler attempted to arrange substitute counsel and believed postponement possible. | Yes, violated 1.1. |
| Whether Butler violated MLRPC 1.3 by diligence. | Butler's absence showed a lack of diligence. | He attempted to resolve scheduling conflicts and obtain substitutes. | Yes, violated 1.3. |
| Whether Butler violated MLRPC 1.4 by communication. | Butler failed to adequately inform Fergusons of status and substitute counsel efforts. | He communicated his plan but not all updates. | Yes, violated 1.4. |
| Whether Butler violated MLRPC 1.8(h) by conflicting settlement with unrepresented clients. | Settlement/Release waived claims without advising independent counsel. | Not adequately warned about independent counsel required. | Yes, violated 1.8(h). |
| Whether Butler's conduct violated MLRPC 8.4(d) prejudicial to administration of justice. | Failure to appear and default harmed proceedings. | Mitigating factors present; not a per se violation. | Yes, violated 8.4(d). |
Key Cases Cited
- Attorney Grievance Comm'n v. Harris, 366 Md. 376 (Md. 2001) (competence and diligence standards for court appearances)
- Attorney Grievance Comm'n v. Byrd, 408 Md. 449 (Md. 2009) (diligence and communication requirements)
- Attorney Grievance Comm'n v. Ficker, 319 Md. 305 (Md. 1990) (predecessor authority on duties to clients and courts)
- Attorney Grievance Comm'n v. Mahone, 398 Md. 257 (Md. 2007) (enhanced sanctions due to prior discipline)