Oakland, CA 94610
9 November 2007 | Disbarred (17 years, 5 months ago) Disbarment 04-O-14564 |
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5 May 2007 | Not eligible to practice law in CA (18 years ago) Ordered inactive 04-O-14564 |
13 January 2007 | Not eligible to practice law in CA (18 years, 3 months ago) Ordered inactive 04-O-14564 |
23 September 2006 | Not eligible to practice law in CA (18 years, 7 months ago) Ordered inactive 05-O-00442 |
18 September 2006 | Not eligible to practice law in CA (18 years, 7 months ago) Suspended, failed to pay fees |
5 July 2006 | Not eligible to practice law in CA (18 years, 10 months ago) Ordered Inactive/Fee Arb/B&P 6203 |
16 June 2006 | Not eligible to practice law in CA (18 years, 10 months ago) Ordered inactive 04-O-14564 |
9 June 2006 | Disciplinary charges filed in State Bar Court 05-O-00442 (18 years, 11 months ago) |
12 September 2005 | Disciplinary charges filed in State Bar Court 04-O-14564 (19 years, 7 months ago) |
22 July 2005 | Disciplinary charges filed in State Bar Court 04-O-14565 (19 years, 9 months ago) |
14 December 1992 | Admitted to the State Bar of California (32 years, 4 months ago) |
November 9, 2007 MELINA JOY BURNS [#162266], 41, of Oakland was disbarred Nov. 9, 2007, and was ordered to comply with rule 9.20 and make restitution to 10 individuals and the Contra Costa Superior Court. In a default proceeding, the State Bar Court found that Burns committed 31 acts of misconduct in nine client matters, including failure to perform legal services competently, communicate with clients, return unearned fees or client files, obey a court order or account for client funds and she improperly withdrew from employment and sought to mislead a judge.Burns’ “misconduct began 10 years after she was admitted to the practice of law and involved nine clients over a course of four years,†wrote Judge Pat McElroy, who recommended Burns’ disbarment. She “accepted fees from clients, failed to perform services for which she was retained, refused to communicate with her clients, then abandoned them and kept the fees.â€Further, McElroy said, Burns showed no remorse or willingness to rehabilitate herself.In one matter, Burns was hired by the father of a criminal defendant to represent his son. When she failed to appear for court dates, the father fired her and asked for a refund. However, Burns contacted the father and convinced him to keep her as his son’s attorney. She missed a bail hearing and two sentencing hearings and the court relieved her as counsel. Her client had called her repeatedly to tell her about various court dates but she did not return the calls.The sheriff attempted to serve Burns three times with an order to show cause; she once did not show up at a predetermined place and time to receive service.In an employment case, her client received a written settlement offer. Burns never contacted the employer, did not review the offer the client had faxed to her and allowed the offer to lapse. She later told the client she would not pursue the case unless the client paid more money.The client fired her and asked for her file, which Burns returned eight months later. She did not refund any of the advance $1,200 fee.She was hired by another client to represent her in a workers’ compensation and job injury matter. The client paid a flat fee of $1,000, provided her medical records and a list of potential witnesses and told Burns time was of the essence. Over the next four months, the client called Burns several times without reaching her.When she informed Burns she was about to be hospitalized and have surgery for the injury, Burns did not return the phone call. The client fired her and asked for her file and a full refund. Burns did not reply. |