By Julie Manganis
Staff writer
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SALEM — An elderly Salem man who has been warned repeatedly to stop practicing law because he does not have a law license may soon need to find a real lawyer.
Salem police are filing a charge of unauthorized practice of law against Francis Choate Burnham, 85, after he showed up at Salem Superior Court on Wednesday trying to obtain an attachment against a "client" for what he says are unpaid "legal fees."
Burnham, who was ordered by the Supreme Judicial Court in 2003 to stop presenting himself as a lawyer and collecting fees, was warned again last year by regional administrative Judge David Lowy to stop trying to make appearances on behalf of an Essex man whom Burnham claims to represent.
That man, William Allen, has been locked in a lengthy legal battle with the town of Essex.
Now, both the town and Burnham are seeking attachments on Allen's real estate. Burnham says Allen owes him $845,000 in legal bills.
But Salem police and prosecutors say Burnham is not entitled to an attachment to recoup the cost of legal services because he is not authorized to practice law.
Staff in the clerk's office had to call court security officers to escort Burnham out of the building Wednesday after he became irate that he could not file his motions.
In an interview last year, Burnham told The Salem News that he had gone to law school 50 years ago and insisted he knew more about the law than anyone in the court.
"You don't need a license to help somebody if you know the law," he said.
Asked if he had ever taken a bar exam, the test one has to pass in order to get a law license, Burnham responded, "What's that?"
If found guilty, Burnham faces up to six months in jail and a $100 fine.
