San Francisco, CA 94104-4448
30 June 2002 | Disbarred (21 years, 10 months ago) Disbarment 00-O-10501 |
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18 January 2002 | Not eligible to practice law in CA (22 years, 3 months ago) Ordered inactive 00-O-10501 |
28 October 2001 | Not eligible to practice law in CA (22 years, 6 months ago) Ordered inactive 00-O-10501 |
4 September 2001 | Not eligible to practice law in CA (22 years, 8 months ago) |
28 August 2001 | Disciplinary charges filed in State Bar Court 00-O-10501 (22 years, 8 months ago) |
3 June 1996 | Admitted to the State Bar of California (27 years, 11 months ago) |
June 30, 2002 DAVID KEITH BURGESS [#182058], 44, of San Francisco was disbarred June 30, 2002, and ordered to comply with rule 955. In a default proceeding, the State Bar Court found that Burgess committed 33 acts of misconduct in 11 client matters, including misappropriating client funds, commingling client and personal funds, representing multiple clients with potentially conflicting interests without the written consent of any of the clients, and failure to competently perform legal services, respond to client inquiries, promptly release the client's file or obey court orders.The court found that Burgess misappropriated more than $130,000 from five clients, including $51,900 from one and $51,750 from another. He also failed to bring a lawsuit on behalf of two clients, resulting in the apparent loss of their causes of action.He settled a personal injury claim on behalf of one client for $100,000; he was to receive 40 percent, medical bills amounted to more than $26,000 and the client was to receive about $31,000. He never paid the client or her doctors, who in turn sued her.A couple hired Burgess to represent them in a potential claim against a developer and an insurance company as the result of a fire at their home. They agreed to pay Burgess 40 percent of any recovery. He took no steps, however, to pursue their case, despite their 30 phone calls.A client who was a native of Argentina hired Burgess to represent him in removal proceedings before the U.S. Immigration Court in San Diego. Eight months later, the client was removed to Argentina and hired Burgess on appeal. He filed a handwritten notice of appeal, which was rejected due to filing defects. He later attempted a second filing, but the appeal was dismissed due to defective filing issues.The client's attempts to reach Burgess were unsuccessful so he hired a new lawyer and asked that his advance $4,000 fee be refunded. Burgess signed a substitution of attorney form but did not provide the new lawyer with the file, nor did he ever refund the fee. The new lawyer obtained the file by filing a Freedom of Information Act request. Shortly after the client learned the appeal had been dismissed, he was arrested by the INS and held in detention.Burgess made misleading statements to another client and forged his signature on a settlement draft, did not comply with multiple orders from a federal court and did not cooperate with a bar investigator."Clearly, the risk to the public and to respondent's clients is too great," wrote Judge Pat McElroy in recommending Burgess' disbarment. "The protection of the public, the courts and the legal profession require that (he) be disbarred from the practice of law in this state." |