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NORTHERN CALIFORNIA RECORD

Friday, March 29, 2024

San Diego attorney faces disbarment for violating rules of professional conduct

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SAN FRANCISCO (Northern California Record) – San Diego attorney Matthew Bartley Butler, who reportedly now lives in the Bay Area, faces possible disbarment by default following a recently announced California State Bar Court recommendation for violating rules of professional conduct in three separate client matters.

In one client matter, Butler allegedly failed to account for $36,950 in advanced fees his client paid, according to the 10-page decision and order of involuntary inactive enrollment issued Sept. 5 by the state bar court.

Other allegations against Butler included abandoning clients, not giving his clients' notice he was terminating his employment, failing to perform legal services with competence, failure to communicate and failing to respond to reasonable status inquiries.

No other disciplinary investigations or charges are pending against Butler and the client security fund has paid no claims resulting from his alleged misconduct, according to the decision and order.

Butler's recommended discipline was among the dispositions filed by the state bar court's hearing department for September.  

The state bar court's recommendation included an involuntary inactive enrollment order that rendered Butler involuntarily enrolled as an inactive member of the State Bar of California. That order was effective three calendar days after service, according to the recommendation.

Butler participated in an initial status conference in February but otherwise failed to participate in person or via counsel and state bar's decision and order for disbarment was entered by default. In such cases, in which an attorney fails to participate in a State Bar of California 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 state bar's entry for default was entered in March.

The state bar's recommendation is pending final action by the California Supreme Court, an appeal before the state bar's review department or expiration of time in which parties may request further review within the state bar court.

Butler was admitted to the bar in California on June 10, 1999, according to his profile at the state bar website. Butler had no prior discipline before the state bar, according to the decision and order.

Butler told the office of chief trial counsel earlier this year that he had moved to Burlingame, according to the decision and order.

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