On April 25, 2023, the District of Columbia Court of Appeals Board on Professional Responsibility received an Amended Specification of Charges filed by the Disciplinary Counsel alleging Raleigh attorney Lynn Burke of unauthorized practice of law.
The case is entitled ‘In the Matter of Lynn Burke,’ and was brought by the Disciplinary Counsel under Case nos. 2014-D303, 2017-D266, 2018-D102, and 2018-D325.
The charges cited D.C. Rules of Professional Conduct and/or the North Carolina Rules of Professional Conduct and/or Maryland Rules of Professional Conduct, 1.3, 1.4(a), 1.4(b), 1.5(b), 1.15(a) and (e), 1.15(b), 1.15(d), 1.16(d), 5.5, 5.5(a), 7.1(a), 7.5(a), and 8.4(c).
Burke was alleged to have violated the above-mentioned rules when she:
Failed to represent her client zealously and diligently;
Failed to keep her clients reasonably informed about the status of a matter and promptly comply with reasonable requests for information;
Failed to explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation;
Failed to communicate to the client, in writing, the scope of the representation and the basis or rate of her fee when she did not regularly represent this client;
Failed to hold property belonging to her client separate from her own property and commingled them in her operating account;
Failed to maintain complete financial records and recklessly or intentionally misappropriated the client’s funds;
Failed to deposit entrusted funds into a DC IOLTA;
Failed to keep separate disputed funds and hold them in an IOLTA until such time that the dispute was resolved;
Failed to take timely steps to the extent reasonably practicable to protect her client’s interests by refunding advance fees or expenses that had not been earned or incurred.
Engaged in the unauthorized practice of law in North Carolina;
Failed to state that she was not licensed to practice law in North Carolina on her letterhead and website;
Engaged in the unauthorized practice of law in Maryland; and
Engaged in conduct involving dishonesty, fraud, deceit, and/or misrepresentation.
According to the Amended Specification of Charges, Burke is a member of the District of Columbia Bar but not licensed to practice law in North Carolina. Despite warnings and inquiries about jurisdictional limitations, the lawyer continued to use a letterhead with a North Carolina address and failed to indicate her inability to practice law in North Carolina. Burke represented clients in a federal criminal case and accepted a fee without providing a written agreement. She misrepresented her ability to file pleadings in the United States District Court for the Middle District of North Carolina. In addition, Burke failed to fulfill promised visits to the client in prison, failed to file a motion as promised, and later pursued a different strategy without discussing it with the client. She obtained the client’s signature on a motion and filed it in court without her own signature.
Burke was reported to the disciplinary counsel, and an investigation revealed the unauthorized practice of law in North Carolina. The lawyer admitted her mistakes and acknowledged her inability to appear pro hac vice in the state.
In another client matter, Burke was hired to handle a client’s immigration paperwork and paid Burke $2,070 in cash. Burke deposited some of the funds into her operating account instead of the required trust account. She used the money, including Mr. Osorio’s fees, for personal expenses. Burke failed to obtain the client’s consent or explain the alternatives. The applications filed by Burke were rejected by the United States Citizenship and Immigration Services (USCIS), and the client requested a refund, which Burke initially refused. After an investigation, the Respondent eventually refunded the filing fee but falsely claimed she hadn’t deposited the funds.
Burke was also alleged to have engaged in the unauthorized practice of law in the State of Maryland when she represented a client, who pleaded guilty to conspiracy to commit robbery in Maryland and received a prison sentence, in his immigration case on a pro bono basis.
In light of the foregoing factual allegations, the Disciplinary Counsel also filed a Petition Institution Formal Disciplinary Proceedings along with the specification of charges requesting the Board to consider whether Burke’s conduct violated the District of Columbia Rules of Professional Conduct, and, if so, that the Board recommends appropriate discipline upon Burke.
According to her LinkedIn page, Ms. Burke is an attorney and counselor at law practicing immigration law in Raleigh, North Carolina. She graduated from North Carolina Central University School of Law, graduating in 2010. Burke has been admitted to practice in the District of Columbia since 2012, license no. 1006423.
A copy of the original filing can be found here.
