Diamond Bar, CA 91765
13 May 2004 | Resigned (21 years, 1 month ago) Resignation with charges pending 04-Q-10848 |
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5 March 2004 | Not eligible to practice law in CA (21 years, 3 months ago) Vol.inactive(tender of resign.w/charges) 04-Q-10848 |
1 December 2003 | Not eligible to practice law in CA (21 years, 6 months ago) Actual Suspension Delayed 01-O-05311 |
31 October 2003 | Probation with conditions 00-O-05311 (21 years, 7 months ago) |
4 December 2002 | Disciplinary charges filed in State Bar Court 01-O-05311 (22 years, 6 months ago) |
17 August 2000 | Discipline, probation; no actual susp. 96-O-07052 (24 years, 10 months ago) |
10 June 1982 | Admitted to the State Bar of California (43 years ago) |
October 31, 2003 DAVID MICHAEL BARELA [#102601], 52, of Diamond Bar was suspended for four years, stayed, placed on four years of probation with a two-year actual suspension and was ordered to make restitution, prove his rehabilitation, take the MPRE and comply with rule 955. The order took effect Oct. 31, 2003. Barela settled a personal injury case for $65,000 and deposited the settlement check in his client trust account. He allowed the balance in the account to fall below the required amount several times.He did not pay his client or her doctors funds to which they were entitled for more than a year. He wrote checks against insufficient funds, provided a cashier's check to his client drawn from his general account, told one doctor the case was still pending long after it settled, and did not pay one doctor at all.Barela was on disciplinary probation at the time, and he submitted quarterly probation reports stating that he was in full compliance with the State Bar Act and the Rules of Professional Conduct. In fact, he had failed to properly maintain or pay out client funds and had misappropriated client funds. He also did not produce a required certificate from a certified public accountant.The discipline that led to Barela's probation also involved mishandling his client trust account and failing to communicate with a client.In mitigation, he cooperated with the bar's investigation and, after paying his client, he received reduced attorney fees.August 17, 2000 DAVE MICHAEL BARELA [#102601], 48, of Diamond Bar was suspended for 60 days, stayed, placed on two years of probation and was ordered to take the MPRE within one year. The order took effect Aug. 17, 2000. Barela stipulated that in a personal injury matter, he failed to maintain settlement funds in a client trust account, promptly pay a medical provider, respond to status inquiries from his client or keep the client informed of developments in his case.Barela assigned the file in the case to a paralegal who did not pay a discounted medical lien. Barela was unaware the payment had not been made and paid the full amount himself. He also was unaware of the client’s efforts to contact him.In mitigation, he has no record of discipline, he acted in good faith and his client was not harmed. |