David Joseph Baran was admitted to the California Bar 3rd December 1982, but has since been disbarred. David graduated from Loyola Law School.
Lawyer Information
| Name | David Joseph Baran |
|---|---|
| First Admitted | 3 December 1982 (42 years, 6 months ago) |
| Status | Disbarred |
| Bar Number | 105376 |
Contact
| Phone Number | 310-553-0263 |
|---|
Schools
| Law School | Loyola Law School (Los Angeles CA) |
|---|---|
| Undergraduate School | University of California at Los Angeles (CA) |
Address
| Current Address | 423 S Rexford Dr #101 Beverly Hills, CA 90212 |
|---|---|
| Map |
History
| 14 January 2010 | Disbarred (15 years, 5 months ago) Disbarment 08-N-13156 |
|---|---|
| 13 July 2009 | Not eligible to practice law in CA (15 years, 11 months ago) Ordered inactive 08-N-13156 |
| 30 March 2009 | Not eligible to practice law in CA (16 years, 2 months ago) Ordered inactive 08-O-13324 |
| 5 January 2009 | Disciplinary charges filed in State Bar Court 08-O-13324 (16 years, 5 months ago) |
| 6 June 2008 | Not eligible to practice law in CA (17 years ago) Discipline w/actual suspension 03-O-01034 |
| 18 May 2005 | Active (20 years, 1 month ago) |
| 1 January 2005 | Inactive (20 years, 5 months ago) |
| 16 April 2004 | Disciplinary charges filed in State Bar Court 03-O-01034 (21 years, 2 months ago) |
| 29 August 2002 | Active (22 years, 9 months ago) |
| 30 June 2002 | Not eligible to practice law in CA (22 years, 11 months ago) Discipline w/actual suspension 00-O-10891 |
| 26 July 2001 | Disciplinary charges filed in State Bar Court 00-O-10891 (23 years, 11 months ago) |
| 3 December 1982 | Admitted to the State Bar of California (42 years, 6 months ago) |
Discipline Summaries
January 14, 2010 DAVID JOSEPH BARAN [#105376], 58, of Beverly Hills was disbarred Jan. 14, 2010, and was ordered to comply with rule 9.20 of the California Rules of Court. In a default proceeding, the State Bar Court found that Baran violated probation conditions attached to a 2008 disciplinary order imposed after he was terminated from the Alternative Discipline Program for lawyers with mental health or substance abuse issues. He had earlier stipulated to misconduct in six matters. He violated the following probation requirements: He failed to contact the bar’s probation office, provide a medical waiver, obtain a physical/mental condition exam or get treatment for his condition, submit a medical report or file a quarterly probation report.He also was required to comply with rule 9.20 by submitting to the State Bar Court an affidavit stating that he notified his clients, opposing counsel and other pertinent parties of his suspension. He did not do so on time.In addition to the underlying discipline in this case, Baran was disciplined in 2002.June 6, 2008 DAVID J. BARAN [#105376], 56, of Beverly Hills was suspended for three years, stayed, placed on five years of probation with an actual two-year suspension and was ordered to take the MPRE, comply with rule 9.20, make restitution and prove his rehabilitation. The order took effect June 6, 2008. In 2005, Baran stipulated to six counts of failing to perform legal services competently in six bankruptcy matters and one count of failing to promptly pay out client funds. The discipline was abated when he enrolled in the Alternative Discipline Program for lawyers with mental health or substance abuse issues. He withdrew from the program in 2007.In the first matter, Baran misplaced $4,000 in money orders provided by his client and could not pay the client’s mortgage lender. As a result, the bankruptcy petition was dismissed and he took no action to have it reinstated. He did not return the money to his client for more than a year.In another, he incorrectly stated the amount of his client’s credit card debt on a Chapter 13 petition and it was dismissed. Although Baran refiled the petition, he did not tell his client until the night before a creditors’ hearing that he needed to bring four mortgage payments with him. The client brought only one payment and the petition was dismissed a second time.Baran then filed a Chapter 7 petition, but listed an incorrect Social Security number and did not disclose a previous filing that he knew about. It too was dismissed and his client’s house went into foreclosure. The client is owed $2,900 in unearned fees.Another client’s home also went into foreclosure and was sold when Baran failed to take steps to oppose a motion before the bankruptcy court or take steps to amend the bankruptcy plan in order for it to be approved.When Baran replaced another lawyer in a fourth case, the client fired him after he filed a second petition under a wrong number, filed a deficient third petition, and did not contact the client’s mortgage broker to assist with new financing in order to avoid foreclosure.Another client seeking to avoid foreclosure gave Baran a money order for his mortgage bank, but Baran never forwarded it to the bank. A company that held a second mortgage filed a motion for relief from the stay of foreclosure; when Baran did not oppose the motion or appear at a hearing, it was granted. In the final matter, a client’s home already was in foreclosure when she hired Baran to file a bankruptcy petition for her after receiving an advertisement in the mail from Baran. The petition was incomplete and was eventually dismissed when Baran did not provide some required payments. The client lost her home.In mitigation, Baran cooperated with the bar’s investigation and made some restitution.He was disciplined in 2002 for misappropriating client funds, commingling funds and moral turpitude.June 30, 2002 DAVID JOSEPH BARAN [#105376], 50, of Beverly Hills was suspended for one year, stayed, placed on one year of probation with a 60-day actual suspension and was ordered to take the MPRE. The order took effect June 30, 2002. Baran stipulated to four counts of misconduct involving his handling of client funds.Baran received settlement payments for a client he represented in a contract dispute and he was to keep 20 percent of the settlement and disburse the money on a monthly basis. In fact, he kept more than 20 percent and did not make monthly distributions.In total, he received $8,000 and misappropriated $2,750.He also allowed the balance in his client trust account to drop below the required amount and he did not properly account for the funds. His conduct involved moral turpitude.The client obtained a small claims judgment of $2,750 against Baran, who reimbursed the full amount. He did not cooperate with the bar's investigation.In mitigation, Baran was suffering from severe physical or emotional difficulties for which he now receives treatment, and he had serious financial problems at the time of the misconduct. He has no record of prior discipline. |