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Charles W. Burns (WSBA No. 12957, admitted 1982), of Montana, has been disbarred by order of the Supreme Court effective March 23, 2000, following a default hearing. The discipline is based upon abandoning his practice without notice to his clients, failing to properly deal with client funds, failure to diligently represent clients, and negotiating settlement checks with forged endorsements and converting client funds to his own use.
Abandonment of Practice
In December 1997, Mr. Burns transferred to inactive status with the Bar Association. Shortly after this date, he left Washington, abandoning his practice. He failed to notify his clients of his absence, make arrangements for another lawyer to take over his client matters, or return files and documents to his clients. The Bar Association appointed a file custodian, who found unopened mail, unfiled documents, and client files with little or no work or client contact. Mr. Burns’ conduct violated RPC 1.15(d), requiring a lawyer to take steps to protect clients’ interests when withdrawing from representation.
Trust Account Issues
The Bar Association audited Mr. Burns’ trust account after he transferred to inactive status. The auditor found that Mr. Burns did not keep sufficient records to accurately track client money paid to his office. Additionally, in several client matters, Mr. Burns failed to deposit client funds into his IOLTA trust account; failed to deposit client funds into a separate IOLTA account with interest paid to the client, when this would provide a net positive return for the client; failed to promptly pay or deliver client funds to client upon request; and failed to return unearned advance fee or cost deposits.
Mr. Burns’ conduct violated RPC 1.14, requiring lawyers to deposit all client funds paid to the lawyer into an interest-bearing IOLTA account; maintain complete records of all client funds, securities and other properties coming into the lawyer’s possession; and promptly pay or deliver client funds to the client upon request.
Lack of Diligence and Communication
In three client matters, Mr. Burns failed to act with reasonable diligence and promptness in representing clients. In these same matters, he failed to keep the clients reasonably informed about the status of their legal matters. Mr. Burns’ conduct violated RPC 1.3, requiring lawyers to act with reasonable diligence and promptness in representing clients; and RPC 1.4, requiring lawyers to keep clients reasonably informed about the status of their legal matters and promptly comply with reasonable requests for information.
Dishonest Conduct
In three client matters, Mr. Burns knowingly endorsed settlement checks for his clients without the clients’ knowledge or consent, negotiated the checks with forged endorsements, and intentionally converted the clients’ funds to his own use. Mr. Burns’ conduct violated RPC 8.4(b), prohibiting committing a criminal act (theft) that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects; and RPC 8.4 (c), prohibiting engaging in conduct involving dishonesty, fraud, deceit or misrepresentation.
Failure to Respond to Office of Disciplinary Counsel’s Requests for Response
Mr. Burns failed to respond to the Office of Disciplinary Counsel’s written requests for response in five matters. Mr. Burns’ conduct violated RLD 2.8(a), requiring lawyers to promptly respond to any inquiry or request made for information relevant to grievances or other matters under investigation concerning a lawyer’s conduct.
Jean McElroy represented the Bar Association. Mr. Burns represented himself. David Tuell was the hearing officer.
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