Lawyer falsely claimed coverage

A lawyer who allowed his client’s personal injury lawsuit to be tossed out of court for failure to serve process – and who falsely claimed to have malpractice coverage – has been suspended from Virginia practice for a year and a day.

The actions of William F. Burton of Chevy Chase, Maryland, left his badly injured client holding a $450,000 judgment without any ready means to recover, according to a Virginia State Bar agreed disposition.

Burton allegedly told both opposing counsel and a bar investigator that he was covered by professional malpractice insurance. He reportedly certified to the VSB that he had insurance in place. But the bar investigator discovered there was no coverage, a stipulation of facts said.

Burton faces separate disciplinary charges in the District of Columbia, records show.

Failure of service

Burton was licensed in Virginia in 1991. He also holds licenses in Washington and Maryland, according to official records.

Clifford L. Moore Jr. hired Burton in 2009 to handle a personal injury claim, the bar said. Burton filed suit in Fairfax County Circuit Court in 2010. Because of Moore’s severe injuries, and only $25,000 in coverage for the defendant driver, Burton hoped to trigger a $1 million policy held by the defendant’s employer. To buy more time, Burton nonsuited the action in 2011.

Burton timely refiled the action in May 2012 without requesting service. In April of 2013, the court raised the question of service and set a May 17 hearing.

The defendant’s counsel moved to dismiss the case for lack of timely service and a lack of any attempt to make service. Burton asked for more time, telling the court in a motion that the defendant had been served on April 17.

Burton “cannot establish that such service had been requested by private process service or was completed,” the bar said. The judge dismissed Moore’s lawsuit on June 7, 2013.

Burton had advised Moore the case was set for trial in September 2013, Moore told the bar. But one week before the supposed trial date, Burton reportedly told his client the case was dismissed because Burton “forgot” to serve the lawsuit, the bar said.

Legal malpractice claim

Moore turned to Maryland lawyer David M. Kopstein who pursued a legal malpractice claim against Burton. Burton told Kopstein he had coverage, Kopstein said in an interview May 26. But Kopstein said he never heard anything further after Burton asked for more time to respond to the malpractice claim.

Burton also never responded when Kopstein filed a malpractice action in 2013. Fairfax County Circuit Judge Lorraine Nordlund entered a $450,000 default judgment against Burton in 2014.

Nordlund was “incensed,” Kopstein said. He said the judge was sympathetic to Moore’s predicament given the injuries he suffered.

Burton had paid only $750 towards the judgment as of May 19, according to the VSB agreed disposition. Moore could seek reimbursement from the VSB Clients’ Protection Fund, but the fund only covers losses caused by a lawyer’s dishonest conduct, not by negligence or malpractice.

False insurance certification

Virginia lawyers in active practice are asked each year with their VSB dues statement whether they are covered by malpractice insurance. Burton had certified each year that he had coverage, the bar said. Burton told a bar investigator the certifications were accurate, but the bar investigator determined that neither carrier identified by Burton had insured Burton from February 2014 to June 22, 2016.

Burton also appeared to mislead the bar investigator about his alleged efforts to properly serve the defendant in the second lawsuit.

Burton acknowledged seven rule violations, including making a false statement of fact or law in the course of representation and making a false statement of material fact to the bar. His suspension was effective May 20.

The suspension of one year and one day will require Burton to prove he has passed the Multistate Professional Responsibility Examination and attended 12 hours of continuing legal education before he can be considered for reinstatement.

The VSB was represented by Assistant Bar Counsel Shelley L. Spalding. Burton represented himself.

Burton also faces five ethics charges before the D.C. Board on Professional Responsibility, all based on alleged failure to respond to inquiries from disciplinary authorities, board records showed. Burton was reprimanded in 2018 by the Maryland Attorney Grievance Commission for settling a potential malpractice claim with a former client without advising the client of the advisability of seeking independent legal counsel, according to commission records.