Board of Overseers of the Bar v. Harold H. Burbank II

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Docket No.: GCF# 16-315

Issued by: Grievance Commission

Date: June 2, 2017

Respondent: Harold H. Burbank II

Bar Number: 006813

Order: Report Finding of Probable Cause for Filing of Information with the Court

Disposition/Conduct: Report Finding of Probable Cause for Filing of Information with the Court

REPORT FINDING OF PROBABLE CAUSE FOR FILING OF INFORMATION WITH COURT

On May 17, 2017, Panel B of the Grievance Commission, pursuant to due notice, conducted a disciplinary hearing concerning the Respondent, Harold H. Burbank II of Canton, Connecticut. The hearing was open to the public and was held at the Cumberland County Courthouse in Portland, Maine. Panel members included Thomas H. Kelley, Esq., Chair; Vendean V. Vafiades, Esq.; and Franklin D. Gooding, Public Member. The Board of Overseers of the Bar was represented by Bar Counsel J. Scott Davis. Harold H. Burbank II was present pro se.1

This proceeding was initiated by a Disciplinary Petition, dated January 5, 2017, which alleged that Mr. Burbank engaged in conduct unworthy of an attorney and violated specific portions of the Maine Rules of Professional Conduct, including M. R. Prof. Conduct 1.1, 1.3, 3.1(a), 3.4(c) and 8.4 (a)(d). Because the Respondent failed to file an answer to the disciplinary petition, pursuant to M. Bar R. 13(e)(3) and M. Bar R. 20(a), the facts set forth and the misconduct alleged in the petition were taken as admitted, and Respondent was heard only on the question of sanctions.

Based upon the Petition and testimony presented at the hearing,2 the Panel finds that there is probable cause for the Respondent?s suspension or disbarment. In particular the Panel notes that Mr. Burbank?s ?egregious conduct? in the matter of Frederick B. Lincoln et al. v. Harold H. Burbank II et al., 2016 ME 138, ¶61, raises serious questions about his ability to provide competent representation to clients. This conclusion is reinforced by Mr. Burbank?s apparent inability, as evidenced by his statements to this Panel, to understand why the Law Court found his appellate filings and arguments to be so significantly without merit that the Court imposed sanctions.

The Panel hereby directs Bar Counsel to commence an attorney disciplinary action by filing an information with the Court pursuant to M. Bar R. 13(e)(10)(E).

DATED: June 2, 2017

Thomas H. Kelley, Esq., Panel Chair
Vendean V. Vafiades, Esq., Panel Member
Franklin D. Gooding, Public Member

1Mr. Burbank is currently suspended from the practice of law in Maine for failure to comply with the annual registration requirements of the Board of Overseers of the Bar.

2After the conclusion of the hearing, Mr. Burbank submitted some additional information about his appellate experience in a letter. The Panel declines to include this letter as part of the hearing record but notes that Mr. Burbank is likely to have an opportunity to submit this material to a single Justice of the Law Court.