Beverly Hills attorney Martin Ian Cutler has been disbarred by the California State Bar over allegations of misconduct, not complying with a court order and failing to comply with disciplinary probation, according to a recent decision.

The three consolidated notices formed nine counts against Cutler that included of disciplinary charges of misconduct involving two separate client matters and failing to file a court-ordered compliance declaration, according to the decision and order of involuntary inactive enrollment issued June 15. One of nine counts against Cutler included filing a civil lawsuit for a client, then not serving defendants, prosecuting the complaint or performing other services for 14 months.

Cutler also was accused of failing to comply with all conditions of a two-year disciplinary probation imposed Jan. 7, 2014 by the state Supreme Court.

Cutler failed to participate in person or via counsel and state bar's decision and an order for disbarment was entered by default. In cases such as this, when an attorney fails to participate in a California State Bar disciplinary proceeding despite adequate notice and opportunity, the bar invokes Rule 5.85, which provides the procedure for the state bar to recommend an attorney’s disbarment.

The bar's decision is pending final action by the California Supreme Court, an appeal before the bar's Review Department or expiration of time in which parties to may request further review within the State Bar Court.

Cutler was admitted to the bar in California May 11, 1989, according to his profile on the state bar's website.

Cutler's previous discipline before the state bar includes a November 2015 suspension for six months and two years' probation over alleged misconduct in seven client matters, according to details on his state bar profile. In four of those matters, Cutler allegedly deposited and maintained earned fees in his client trust account and wrote checks against his trust account when there was insufficient funds to cover them.

In a previous discipline, in February 2014 Culter received a one year stayed suspension and placed on two years' probation with 60 days of actual suspension for irregularities in his client trust account. Allegations in that discipline included paying personal expenses and writing checks from Cutler's client trust account when there were insufficient funds to cover the checks.

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