Disciplinary Board of the Supreme Court of the State v. Matson
2017 ND 256
| N.D. | 2017Background
- Jesse D. Matson, admitted to the North Dakota bar in 2011, previously faced discipline (suspension and disbarments in 2015 and 2017).
- Two client matters in family-law cases formed the basis for the instant disciplinary petition.
- In matter one, client paid $4,000; Matson ceased communication, failed to perform services, abandoned the client, and did not return unearned fees or the client file.
- In matter two, client paid $3,000 and later $1,000 more; Matson intermittently communicated, falsely told the client he had filed court documents, then ceased communication, failed to complete work, and did not return unearned fees.
- Matson did not answer the amended petition and was served via the Clerk under Admission to Practice R. 1; he defaulted and the allegations were deemed admitted.
- A hearing panel found violations of N.D.R. Prof. Conduct 1.3, 1.4, and 1.16, identified aggravating factors (prior discipline, dishonest/selfish motive, pattern, multiple offenses), recommended disbarment; the Supreme Court accepted the recommendation and ordered disbarment, restitution, costs, and compliance conditions for reinstatement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Matson violated duties of diligence (Rule 1.3) | Matson failed to act with reasonable diligence and promptness in both representations | No response (default) | Violated; failure to act with diligence established and deemed admitted |
| Whether Matson violated duties of communication (Rule 1.4) | Matson failed to keep clients informed, ceased communication, and lied about filings | No response (default) | Violated; inadequate communication and false statements established |
| Whether Matson violated duties on termination/return of client property (Rule 1.16) | Matson abandoned clients, failed to protect interests, retained unearned fees, and failed to return a file | No response (default) | Violated; improper termination and failure to return funds/files established |
| Appropriate sanction (disbarment, restitution, costs, reinstatement conditions) | Aggravating factors and prior discipline warrant disbarment, restitution to clients, costs, and delayed reinstatement | No response (default) | Disbarment ordered immediately; restitution of $4,000 and $3,000; $250 costs; restitution to Client Protection Fund if applicable; reinstatement not allowed for at least five years and subject to conditions |
Key Cases Cited
- Disciplinary Board v. Matson, 2015 ND 222, 869 N.W.2d 128 (ND 2015) (prior disciplinary suspension of Matson)
- Disciplinary Board v. Matson, 2017 ND 149, 897 N.W.2d 11 (ND 2017) (prior disbarment decision involving Matson)
- Disciplinary Board v. Matson, 2017 ND 222, 897 N.W.2d 11 (ND 2017) (reciprocal disbarment proceeding)