Matter of Burns

Respondent was admitted to practice by this Court in 1999. He maintains an office for the practice of law in the City of Kingston, Ulster County.

By petition containing six charges, petitioner commenced this disciplinary proceeding against respondent charging him with collecting an impermissible nonrefundable fee (see Rules of Professional Conduct [22 NYCRR 1200.0] rule 1.5 [d] [4]), failing to promptly refund the unearned portion of his retainer fee upon discharge by the client (see Rules of Professional Conduct [22 NYCRR 1200.0] rules 1.15 [c] [4]; 1.16 [e]), engaging in conduct that is…