Narrative Opinion Summary
In a disciplinary proceeding, an attorney faced public reprimand following a series of professional misconduct allegations and violations of the Code of Professional Responsibility. The Office of Bar Counsel initiated the proceedings after the attorney failed to respond to misconduct petitions, which led to a motion deeming the charges admitted. Key infractions included neglecting a client's legal matter by failing to properly manage an appeal for Social Security Disability Benefits, resulting in its dismissal without informing the client, and mismanaging client funds by issuing a check with insufficient funds and failing to rectify the discrepancy. Despite these issues, the attorney demonstrated cooperation by admitting to the charges, indicating plans for closing his practice, and seeking medical and professional assistance. The Professional Conduct Board, after reviewing the case and the attorney's admission of misconduct, determined that a public reprimand was appropriate, though they considered a suspension. The decision underscores the importance of ethical obligations and the repercussions for failing to adhere to professional standards within legal practice.
Legal Issues Addressed
Failure to Cooperate with Bar Counselsubscribe to see similar legal issues
Application: The attorney did not adequately respond to multiple inquiries from the Office of Bar Counsel related to complaints filed against him.
Reasoning: Complaints were filed with OBC, which made multiple requests for the respondent to respond, none of which were adequately addressed.
Failure to Respond to Disciplinary Proceedingssubscribe to see similar legal issues
Application: The attorney did not respond to misconduct petitions filed by the Office of Bar Counsel, leading to an assumption of guilt.
Reasoning: This follows misconduct petitions filed by the Office of Bar Counsel (OBC) on March 23, 1999, to which Butterfield did not respond within the required timeframe.
Mismanagement of Client Fundssubscribe to see similar legal issues
Application: The attorney issued a check that was returned for insufficient funds and failed to rectify the shortfall, violating professional conduct rules.
Reasoning: In PCB File No. 99.03, the respondent was retained to represent Gregory Wolf...issued a check to Martin Wolf that was short by $100 and subsequently marked 'insufficient funds' upon deposit.
Neglecting a Legal Mattersubscribe to see similar legal issues
Application: The attorney failed to file necessary forms for an appeal, resulting in its dismissal, and did not inform the client, constituting neglect.
Reasoning: In PCB File No. 98.29, the respondent represented Ms. Filioe in her attempt to secure Social Security Disability Benefits...failed to submit required forms, resulting in the dismissal of the appeal.
Public Reprimand as Disciplinary Actionsubscribe to see similar legal issues
Application: The attorney received a public reprimand following the Professional Conduct Board's recommendation due to multiple ethical violations.
Reasoning: Mark Butterfield, Esq. is publicly reprimanded based on the Professional Conduct Board's recommendation dated December 3, 1999.