Gregory Molina Burke was admitted to the California Bar 3rd June 1997, but has since been disbarred. Gregory graduated from DePaul University COL.
Lawyer Information
| Name | Gregory Molina Burke |
|---|---|
| First Admitted | 3 June 1997 (28 years ago) |
| Status | Disbarred |
| Bar Number | 188891 |
Contact
| Current Email | [email protected] |
|---|---|
| Phone Number | (949) 357-0377 |
Schools
| Law School | DePaul University COL (Chicago IL) |
|---|---|
| Undergraduate School | Loyola Marymount University (Los Angeles CA) |
Address
| Current Address | 1024 Bayside Dr, # 448 Newport Beach, CA 92660-7462 |
|---|---|
| Map | |
| Previous Address | 3419 Via Lido Ste 360 Newport Beach, CA 92663 |
| Previous Address | 925 N La Brea Ave, # 4 West Hollywood, CA 90038-2321 |
History
| 26 October 2016 | Disbarred (8 years, 7 months ago) Disbarment 12-O-17622 |
|---|---|
| 6 June 2016 | Not eligible to practice law in CA (9 years ago) Ordered inactive 12-O-17622 |
| 23 May 2016 | Not eligible to practice law in CA (9 years ago) Suspended, failed to pass Prof.Resp.Exam 11-O-17393 |
| 26 January 2016 | Active (9 years, 4 months ago) |
| 2 April 2015 | Not eligible to practice law in CA (10 years, 2 months ago) Discipline w/actual suspension 11-O-17393 |
| 28 October 2013 | Disciplinary charges filed in State Bar Court 12-O-17622 (11 years, 7 months ago) |
| 26 September 2012 | Disciplinary charges filed in State Bar Court 12-O-11429 (12 years, 8 months ago) |
| 28 June 2012 | Disciplinary charges filed in State Bar Court 11-O-17393 (12 years, 11 months ago) |
| 7 October 2011 | Active (13 years, 8 months ago) |
| 7 August 2011 | Not eligible to practice law in CA (13 years, 10 months ago) Discipline w/actual suspension 08-O-14650 |
| 3 June 1997 | Admitted to the State Bar of California (28 years ago) |
Discipline Summaries
October 26, 2016 GREGORY MOLINA BURKE [#188891], 29, of Newport Beach, was disbarred Oct. 26, 2016 and ordered to comply with rule 9.20 of the California Rules of Court. A State Bar Court hearing judge initially found Burke culpable of misconduct in three client matters including failing to obey court orders, engaging in the unauthorized practice of law and violating his duty to maintain a just action. The judge recommended suspension short of disbarment, however, noting that Burke’s present misconduct occurred during that same time period as a prior discipline.The Office of Chief Trial Counsel appealed, arguing among other things that Burke was culpable of additional acts of misconduct. A three-judge review panel adopted the hearing judge’s findings but found additional uncharged conduct for the unauthorized practice of law, moral turpitude and failing to obey a court order. The panel also gave more weight in aggravation, including for Burke’s prior discipline.“After filing a notice of disciplinary charges in his second disciplinary matter for the same or similar misconduct as that which is before us now, Burke was on notice that his present misconduct was ethically questionable. Yet he continued to commit wrongdoing that lasted at least until the time of the hearing below,†Judge Judith Epstein wrote on behalf of the panel. Burke committed 12 acts of misconduct in four client matters. In one matter, Burke held himself out as entitled to practice law by signing and serving responses in a case and appearing in the matter by phone. In another, he disobeyed three superior court sanctions orders, engaged in the unauthorized practice of law and committed acts involving moral turpitude by attempting to negotiate a settlement in a matter and appearing on behalf of a client while he was suspended. In a third matter, he amended a complaint to include two defendants and did not remove them when he learned they were not involved and failed to obey a court order by not paying $27,334 in sanctions. In the fourth, he disobeyed a superior court’s sanctions order.The review panel found Burke’s two prior records of discipline and multiple acts of misconduct aggravating factors. In mitigation, he cooperated with the Office of Chief Trial Counsel by stipulating to certain facts at trial.April 2, 2015 GREGORY MOLINA BURKE [#188891], 48, of Newport Beach, was suspended from the practice of law for nine months and until he pays sanctions. He was also ordered to take the MPRE and comply with rule 9.20 of the California Rules of Court. In addition, he was placed on two years’ probation and faces a two-year suspension if he does not comply with the terms of his disciplinary probation. The order took effect April 2, 2015. A State Bar Court hearing judge initially found Burke culpable of seven counts of misconduct and recommended a two-year actual suspension. On appeal, the Review Department agreed with all but one of the judge’s culpability findings, but found Burke had not been dishonest and recommended a shorter suspension.In one matter Burke practiced law while suspended, performing various legal services for a client he had agreed to defend against an insurance company’s cross complaint for civil fraud. The Review Department also found Burke committed an act involving moral turpitude because he knowingly provided legal services to the client while he was on suspension.In another matter, Burke disobeyed a judge’s two sanction orders. At the time of his disciplinary trial, he had not paid sanctions for two and a half years.In a third matter, Burke committed an act involving moral turpitude by concealing his suspension from opposing counsel and engaged in the unauthorized practice of law by sending a motion for summary judgment to the lawyer and an arbitrator during his suspension. During that time, he also sent an email to a witness identifying himself as “Esq.†In addition, he misrepresented in an Oct. 11, 2011 quarterly report to probation that he did not practice law while suspended.He was ordered to pay $1,615 in sanctions. In mitigation, Burke cooperated with the State Bar by stipulating to certain facts before trial.Burke’s prior suspension, in August 2011, was for commingling funds in his client trust account and using the account to pay personal expenses.August 7, 2011 GREGORY MOLINA BURKE [#188891], 44, of Newport Beach was suspended for two years, stayed, placed on two years of probation with a 60-day actual suspension and he was ordered to take the MPRE within one year. The order took effect Aug. 7, 2011. Burke stipulated that he commingled funds in his client trust account and used the account to pay personal expenses. He hired his wife as his secretary and bookkeeper and she wrote checks or made electronic debits against insufficient funds in the account. He stipulated that he failed to perform legal services competently by not properly supervising an employee.In mitigation, he had no prior discipline record, no clients were harmed and he entered into a stipulation with the bar as soon as he learned of the commingling. |