Dog Bite, Medic, State Farm

and the
Deserting member of the Virginia State Bar (1995-2000)
In 1995 a neighbors dog bites girlfriend, the owner was a Medic whose insurance was State Farm.

After five years and four attorneys the divorce and suit was finished. In May 1995 a neighbors dog bites my girlfriend, the owner was a "medic" he treated the injury, promised to see that it healed and asked that the dog not be reported. Two weeks pass, the injury was getting worse and the "medic" never showed up, the dog was loose again so I took my girlfriend to the ER where they treated the injury.

  • The medic/owner never showed up to treat the injury caused by his dog.
  • The dog was always loose, days after the injury the dog was roaming the neighborhood again.
  • We did not care too much for this neighbor as after the dog bit my girlfriend she claims that he slugged the dog. In the past we had observed his daughters hitting the dog also - possibly a reason that the dog bit my girlfriend. At this time we had enough enemies, we did not need another "crusade".
  • Dog bite resulted in skin grafts and nerve damage.
  • State Farm - The "medic" did notify the insurance company that his dog had bitten my girlfriend.
    • Mr. Thomas E. Burks did get a tape where the State Farm Insurance agent admitted that we had a case.
    • Mr. Thomas E. Burks told us that State Farm was telling him that they lost their client and needed another interview.
    • Did State Farm pay this attorney an out of court settlement - or - did State Farm just keep delaying ?
    • The case spanned five years, just how far back did the Virginia State Bar go ? We do not know, the Bar does not respond.

The Dog Bite attorney - Mr. Thomas E. Burks - was retained in 1995 by my girlfriend as a probono counsel, this was because in 1994 she was bankrupt. Mr. Burks instructed my girlfriend to see a specialist to identify why her leg continued to collapse after the skin grafts had healed. This specialist was to be paid at settlement time. This attorney seemed to be pro-active and he told us that the excuse the insurance company used for not settling was that their client had moved - they had. That the State Farm could not find their client and wanted another interview before settling. This attorney claimed that he intended to file a bench warrant for the "medic". In the year 2000, five years later, the psychiatrist that the fourth attorney had instructed us to see, called us up and pointed out an article in the Washington Post, Big-Spending Lawyer Leaves Clients in Limbo (June 1, 2000).

In 1995 the dog bite attorney was retained we had asked him to look into the "abuse of process" that the Fourth Attorney had started. This attorney instructed us to wait till the injury issue was resolved, this seemed reasonable at the time. We did not expect that the injury would take five years or that he would desert. Five more years had passed, my girlfriend was unemployed, bankrupt, injured and owing a specialist for diagnosing and treating the injury and lastly unrepresented by counsel.

My girlfriend was represented by Mr. Burks for five years (1995-2001). Given the charges by the Bar, we cannot help but wonder if Mr. Burks made the settlement disappear and maintained the illusion of an active case. We knew that Mr. Burks had a tape where the State Farm representative stated that we had a case. After the tape, Mr. Burks told us that the medic, the owner of the dog, disappeared. He told us that State Farm would not pay up because they wanted another interview so for five years we waited on the case.

In this Washington Post article it states the following:

Prosecutors and bar officials said that for months, Burks was failing to hand over settlement cash, and the indictments cover three specific instances in which he allegedly misused the money--in October 1998, June 1999 and November 1999. Authorities have not said where the money went, but some officials said it is possible he was using it to fund his lifestyle and to pay off large amounts of debt.

--N.Va. Lawyer Arrested, Accused of Embezzlement By Josh White Washington Post Staff Writer Thursday, September 7, 2000; Page B02

My girlfriends case started in 1995, three years prior to this attorney's alleged illegal activities - what was the state of the case ?

Virginia State Bar an agency of the Virginia Supreme Court
At the time we trusted the Virginia State Bar. Then I noticed the 2000 change in ethical policies. The Virginia State Bar an agency of the Virginia Supreme Court and its members dismissal of a probono client's case does not identify a concern for maintaining the integrity of the profession.

In 2000 the Virginia State Bar went after Mr. Burks. By the time that we managed to get an attorney to even consider the injury case they stated that the case was damaged, that it would probably cost too much to address, this was without even looking at the file. We were also told by these members that the Bar would take all Mr. Burks assets so filing a claim would be futile.

The Bar sent my girlfriend her files and dismissed her, this did not help a bankrupt probono client. By this action the Virginia State Bar identified that the only thing that mattered to them was the money. We went to a hearing and attempted to obtain aid in addressing my girlfriends case from the Bar's attorneys, nothing like having five attorneys laughing at my girlfriend making a joke about how they were going to take everything - we went home and she cried.

The Virginia State Bar should have assigned an attorney to address my girlfriends pro-bono case and added the cost to the damages. Such an action would have demonstrated that the institution was pro-active in ensuring the sanctity of the courts, the Public trust, the industry and damage caused by their member. The Bar chose to laugh at a probono client - this case identified to me that the pre-2000 ethical Canon's had been discarded.

It is to be noted that when we found out about the desertion I made a joke to my girlfriend stating "hey at least he did not sacrifice her, like Mr. A. Strode Brent". I followed the joke stating that "it was the duty of the Virginia State Bar to ensure the integrity of the profession, so they would resolve the issue". Again the Virginia State Bar made a liar out of me.

Failing all other endeavors I wrote a certified letter to the author of the Washington Post article in an attempt to address our attorney problem through the press, that letter disappeared, didn't even get the delivery slip back. Damaged by a crusading attorney, a medics dog, deserting/failing attorneys, a history of being stalked and vandalism with no solution in sight - through these years I was worried that my brakes would get cut, house burned down and we had no resources. The Washington Post on our attorney....

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