Burbank, CA 91510-0121
13 May 2011 | Disbarred (13 years, 11 months ago) Disbarment 08-O-10093 |
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22 November 2010 | Not eligible to practice law in CA (14 years, 5 months ago) Ordered inactive 08-O-10093 |
19 February 2005 | Discipline, probation; no actual susp. 01-O-03498 (20 years, 2 months ago) |
13 June 1984 | Admitted to the State Bar of California (40 years, 11 months ago) |
May 13, 2011 STEPHEN LEE BURNS [#113371], 60, of Burbank was disbarred May 13, 2011, and was ordered to make restitution and comply with rule 9.20 of the California Rules of Court. Burns stipulated to 16 counts of misconduct in five matters, including three instances of misappropriating client funds.In one matter, for example, he settled a personal injury case for his minor client for $15,000. He was sanctioned twice for not obeying court orders and the court ultimately dismissed the case with prejudice for Burns’ failure to prosecute. Although the court set aside the dismissal, it warned Burns that the case would be dismissed again if he failed to resolve his client’s compromise. When that did not happen, the court sanctioned Burns again and took over jurisdiction of the case.The court issued a series of orders, but Burns did not follow through on obtaining settlement funds. He therefore never deposited any funds in an interest-bearing account for the minor’s benefit. He allowed the balance in his trust account to fall below the required amount and stipulated that he misappropriated $3,123.59. He also admitted that he failed to obey court orders, disburse client funds promptly or perform legal services competently.Burns misappropriated $15,000 from a couple who were injured in an automobile accident, and $4,725 from another client without telling her that he’d settled her claim.He stipulated that his misconduct “was surrounded by dishonesty, concealment and an inability to account to his clients.†Burns also was disciplined in 2005 for misconduct in five personal injury cases, most involving misusing his client trust account and/or failing to perform legal services competently.February 19, 2005 STEPHEN L. BURNS [#113371], 54, of Los Angeles was suspended for 90 days, stayed, placed on 18 months of probation and was ordered to take the MPRE within one year and make restitution. The order took effect Feb. 19, 2005. Burns stipulated to misconduct in five personal injury cases, most involving misusing his client trust account and/or failing to perform legal services competently.He settled one case without his client’s consent, the settlement check was cashed by his employee at a check cashing company and no proceeds were deposited in his trust account.He negotiated another settlement without client consent but did not inform the client about his receipt of her funds, did not cash the check for eight months and did not give her the funds for almost two years. He did not pay a medical lien for 20 months, and in the cases of two other clients, did not deposit their settlement checks in his trust account or pay them the amount to which they were entitled.In mitigation, Burns has no record of discipline, he cooperated with the bar and presented evidence of his good character and he paid three clients the funds they were owed. |