Clerk of Court For the Court In Re: Lynden James Burton

The Supreme Court of the State of Louisiana
Clerk of Court
For the Court
IN RE: LYNDEN JAMES BURTON
No.2020-OB-00755
_ _ _ _ _ _
IN
RE: Office of Disciplinary Counsel - Applicant Other; Findings and
Recommendations (Reinstatement);
_ _ _ _ _ _
September 08, 2020
Conditional reinstatement granted. See per curiam.
JLW
JDH
JTG
JHB
Johnson, C.J., would deny.
Crichton, J., would deny reinstatement and assigns reasons.
Crain, J., would deny.
Supreme Court of Louisiana
September 08, 2020
09/08/2020 "See News Release 031 for any Concurrences and/or Dissents."

09/08/20
S
UPREME COURT OF LOUISIANA
NO. 20
20-OB-0755
I
N RE: LYNDEN JAMES BURTON
ON AP
PLICATION FOR REINSTATEMENT
P
ER CURIAM
Th
is proceeding arises out of an application for reinstatement to the practice
of law filed by petitioner, Lynden James Burton, a suspended attorney.
UNDE
RLYING FACTS AND PROCEDURAL HISTORY
In March 2017, petitioner pleaded guilty to one misdemeanor count of failure
to file a tax return. During his guilty plea, petitioner admitted he also engaged in
acts which constituted the felony crimes of tax evasion and filing false tax returns.
Notably, petitioner specifically admitted that he “intentionally underreported” his
income for tax years 2007, 2008, and 2009.
Petitioner was sentenced to probation and was ordered to pay restitution of
tax losses totaling $129,912. Petitioner successfully completed the terms of his
probation, including payment of the restitution.
In September 2017, we placed petitioner on interim suspension. In re: Burton,
17-0560 (La. 9/22/17), 226 So. 3d 44 0. On June 17, 2019, we accepted a petition
for consent discipline to resolve the matter of petitioner’s tax misconduct. We
suspended petitioner from the practice of law for two years, retroactive to September
22, 2017, the date of his interim suspension. In re: Burton, 19-0893 (La. 6/17/19),
274 So. 3d 1246.

2

In August 2019, petitioner filed an application for re instatement with the
disciplinary board, alleging he has complied with the reinstatement criteria set forth
in Supreme Court Rule XIX, § 24(E). The ODC took no position regarding the
application for reinstatement . Accordingly, the matter was referred for a formal
hearing before a hearing committee. During the hearing, testimony and evidence
was presented that petitioner has an outstanding federa l tax liability of $ 257,000
(including interest and penalties) for the period from 2013 through 201 8 and an
outstanding state tax liability of $ 25,000 (including interest and penalties) for the
period from 2015 through 2018.
Following the hearing, the hearing committee recommended that petitioner be
reinstated to the practice of law , subject to two years of probation with conditions
relating to his repayment of his outstanding tax liabilities. Neither petitioner nor the
ODC objected to the hearing committee’s recommendation.

DISCUSSION
After considering the record in its entirety, we find petitioner has met his
burden of proving that he is entitled to be re instated to the practice of law .
Nevertheless, further precautions are w arranted to insure that the public will be
protected upon petitioner’s return to practice. See Supreme Court Rule XIX, § 24(J).
Accordingly, we will order that petitioner be conditionally re instated to the
practice of law, subject to a two-year period of probation governed by the following
conditions:
1. Within six months of the court reinstating petitioner to the practice of law, he
shall reach agreement with both the I nternal Revenue Service and the
Louisiana Department of Revenue as to the amount of delinq uent taxes
outstanding and a corresponding repayment plan of same;

3

2. Petitioner shall sat isfactorily comply with all terms of any such agreement
with the taxing authorities identified above;
3. Petitioner understands and accepts that h is failure to comply with these
conditions may result in him being reported to the c ourt by the ODC in
accordance with Supreme Court Rule XIX, Section 24(J);
4. A practice monitor shall be appointed to monitor petitioner’s law practice for
compliance with trust account rules, accounting procedures, law office
management procedures, adequate communications with clients, diligence in
representing clients, and otherwise verify compliance with the Rules of
Professional Conduct;
5. Petitioner shall engage an ODC-approved CPA to conduct an annual year-end
audit of his trust account, operating account, and personal finances so as to
show his compliance with these terms and conditions of reinstatement;
6. Petitioner must not violate any of the Rules of Professional Conduct dur ing
the probationary period;
7. Should petitioner have a disciplinary complaint lodged against him during the
probationary period, he must promptly and fully cooperate with any
investigation the ODC conducts; and
8. Should petitioner fail to comply with these conditions, or should he commit
any misconduct during the period of probation, h is conditional right to
practice may be terminated immediately, or he may be subjected to other
discipline pursuant to the Rules for Lawyer Disciplinary Enforcement, as
appropriate.

DECREE
Upon review of the recommendation of the hearing committee, and
considering the record, it is ordered that Lynden James Burton, Louisiana Bar Roll

4

number 24988, be immediately reinstated to the practice of law in Louisiana, subject
to a two-year period of probation governed by the conditions set forth herein. The
probationary period shall commence from the date petitioner , the ODC , and the
probation monitor execute a formal probation plan. Should petitioner fail to comply
with the conditions of probation, or should he commit any misconduct during the
period of probation, his conditional right to practice may be terminated immediately,
or he may be subjected to other discipline pursuant to the Rules for Lawyer
Disciplinary Enforcement, as appropriate. All costs of these proceedings a re
assessed against petitioner.