Brian Leo Day was admitted to the California Bar 6th June 1989, but has since been disbarred. Brian graduated from UC Hastings COL.

Lawyer Information

NameBrian Leo Day
First Admitted6 June 1989 (34 years, 11 months ago)
StatusDisbarred
Bar Number140451

Contact

Current Email[email protected]
Phone Number(714) 384-6450
Fax Number(714) 384-6451

Schools

Law SchoolUC Hastings COL (San Francisco CA)
Undergraduate SchoolLoyola Marymount University (Los Angeles CA)

Address

Current AddressDay Law Group
695 Town Center Dr Ste 700
Costa Mesa, CA 92626
Map

History

26 August 2011Disbarred (12 years, 8 months ago)
1 July 2009Not Eligible To Practice Law in CA (14 years, 10 months ago)
6 June 1989Admitted to The State Bar of California (34 years, 11 months ago)

Discipline Summaries

August 26, 2011

BRIAN LEO DAY [#140451], 48, of Costa Mesa was disbarred Aug. 26, 2011, 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 Day did not comply with a 2010 disciplinary order requiring him to fulfill the requirements of rule 9.20. He did not submit to the court an affidavit stating that he notified his clients, opposing counsel and other interested parties of his suspension. Failure to comply with the rule is grounds for disbarment.

In the underlying matter, in which he also defaulted, Day committed nine acts of misconduct in two matters, including failures to perform legal services competently, communicate with clients, return client files and cooperate with the bar’s investigation.

June 13, 2010

BRIAN LEO DAY [#140451], 47, of Costa Mesa was suspended for one year, stayed, actually suspended for six months and until the State Bar Court terminates the suspension, and he was ordered to take the MPRE and comply with rule 9.20 of the California Rules of Court. If the actual suspension exceeds two years, he must prove his rehabilitation. The order took effect June 13, 2010.

In a default proceeding, the State Bar Court found that Day committed nine acts of misconduct in two matters, including failures to perform legal services competently, communicate with clients, return client files and cooperate with the bar’s investigation.

In the first matter, a couple hired Day to represent them in a construction defect case against the builder of their home and a failure to disclose property defects case against the real estate agents. He did not file a claim or a lawsuit against the builder or agents and when the clients were unable to contact Day despite repeated requests, they fired him and asked for the return of their file.

In the second matter, Day represented a doctor in a breach of contract action. Although he filed a lawsuit, he did not notify the defendants about a case management conference. He missed two hearings, did not file his client’s declaration and the case ultimately was dismissed. He took no action to reinstate the case and did not answer the client’s phone calls or e-mails.

In mitigation, Day had no prior discipline record.

He was placed on involuntary inactive status Dec. 10, 2010, for failing to respond to charges filed in October that he did not comply with rule 9.20. He is accused of not submitting to the bar court an affidavit stating that he notified his clients, opposing counsel and other interested parties that he was suspended from practice as a result of the discipline described above.