The North Dakota Supreme Court has disbarred an attorney based on these findings
Matson collected advance fees from clients. He did not maintain or deposit client funds in an identifiable interest bearing trust account. He failed to perform the work to justify the fees collected, and he failed to return any unearned funds to clients. He did not have records showing how, when, or if he earned the fees. Matson did not refund client funds when he abandoned his practice. The hearing panel concluded Matson misappropriated and converted client funds and property.
While practicing law, Matson submitted incomplete and poor quality paperwork; failed to understand the requirements of hearings; failed to be aware of pertinent statutes of limitations for claims; failed to submit responses or objections to filed documents or requests by opposing counsel and submitted untimely responses; failed to review documents provided by opposing parties; failed to appear at hearings; failed to monitor the status of proceedings; failed to forward pertinent settlement documents; failed to prepare for hearings; failed to return communications from clients; failed to provide updates on the status of ongoing matters; failed to communicate and discuss the substance of settlement offers; failed to expedite litigation, and failed to provide requested information to clients. With regard to the matter involving an opposing party, Matson filed numerous documents serving no legitimate purpose, causing the attorney’s fees of the opposing party to needlessly increase.
Matson materially misrepresented facts when he told multiple clients he would or had completed work on their matters, but work had not been started or had not been completed. Matson also misrepresented facts when communicating with clients, courts, and opposing counsel.
Matson had no contact with clients after September 15, 2015. Matson abandoned his practice without good cause or notice to clients. He terminated representation of clients without being otherwise discharged from representation, and he did not return clients’ files.
The attorney did not fight the disbarment recommendation before the court. (Mike Frisch)