James Kasmir O'Brien was admitted to the California Bar 20th December 1993, but has since been disbarred. James graduated from Southwestern University SOL.

Lawyer Information

NameJames Kasmir O'Brien
First Admitted20 December 1993 (31 years, 6 months ago)
StatusDisbarred
Bar Number168485

Contact

Current Email[email protected]
Phone Number310-285-3635

Schools

Law SchoolSouthwestern University SOL (Los Angeles CA)
Undergraduate SchoolMetropolitan St Coll (Denver CO)

Address

Current Address4343 Lyceum Ave
Marina Del Rey, CA 90066
Map

History

22 June 2005Disbarred (20 years ago)
Disbarment 04-N-12353
27 January 2005Not eligible to practice law in CA (20 years, 4 months ago)
Ordered inactive 04-N-12353
21 October 2004Not eligible to practice law in CA (20 years, 8 months ago)
Ordered inactive 04-N-12353
29 July 2004Disciplinary charges filed in State Bar Court 04-N-12353 (20 years, 10 months ago)
15 April 2004Not eligible to practice law in CA (21 years, 2 months ago)
Discipline w/actual suspension 03-PM-00559
25 December 2003Not eligible to practice law in CA (21 years, 6 months ago)
Ordered inactive 03-PM-00559
17 August 2002Not eligible to practice law in CA (22 years, 10 months ago)
Discipline w/actual suspension 98-O-02697
26 April 2001Not eligible to practice law in CA (24 years, 1 month ago)
Discipline w/actual suspension 96-O-07217
2 March 2001Disciplinary charges filed in State Bar Court 98-O-02697 (24 years, 3 months ago)
29 September 2000Not eligible to practice law in CA (24 years, 8 months ago)
Ordered inactive 96-O-07217
6 July 2000Disciplinary charges filed in State Bar Court 96-O-07217 (24 years, 11 months ago)
20 December 1993Admitted to the State Bar of California (31 years, 6 months ago)

Discipline Summaries

June 22, 2005

JAMES KASMIR O’BRIEN [#168485], 44, of Marina del Rey was disbarred June 22, 2005, and was ordered to comply with rule 955.

O’Brien failed to comply with rule 955, as required by a 2004 disciplinary order that revoked his probation and suspended him for 24 months because he did not meet the probation requirements of a 2002 order. In that matter, the State Bar Court found that he commingled personal and trust funds, wrote checks against insufficient funds in his client trust account, practiced while suspended and failed to perform legal services competently or return unearned fees.

In 2001, O’Brien was suspended for failing to comply with conditions of a 1998 agreement he reached with the bar in lieu of discipline.

April 15, 2004

JAMES KASMIR O’BRIEN [#168485], 43, of Marina Del Rey Probation was revoked, the stay of suspension was lifted and he was actually suspended for 24 months and was ordered to comply with rule 955. Credit will be given for a period of involuntary inactive enrollment that began Dec. 25, 2003. The order took effect April 15, 2004.

O’Brien did not submit quarterly probation reports on time, nor did he provide evidence of attendance at eight AA, NA or The Other Bar meetings. He also did not submit to random drug testing, as requested by the probation department.

O’Brien was suspended and placed on probation in 2002 for trust accounting violations, making misrepresentations and engaging in the unauthorized practice of law in five client matters and failing to perform legal services competently, return unearned client funds or comply with rule 955.

He also was disciplined in April 2001 for failing to comply with the conditions of a 1998 discipline order.

August 17, 2002

JAMES KASMIR O'BRIEN [#168485], 42, of Marina del Rey was suspended for 24 months, stayed, placed on 36 months of probation with a 10-month actual suspension and was ordered to prove his rehabilitation, make restitution, take the MPRE and comply with rule 955. The order took effect Aug. 17, 2002.

O'Brien stipulated to misconduct in eight consolidated matters.

He deposited personal funds in his client trust account, which he used to pay personal and business expenses, and he wrote 28 checks against insufficient funds in the trust account. He practiced law while suspended by making numerous court appearances on behalf of five clients and he did not comply with rule 955, as ordered in a 2001 discipline.

In two matters, he stipulated to failing to perform legal services competently. In the first, he was hired to represent a client in a bankruptcy matter, but he never filed the petition and did not refund his client's unearned $200 advance fee. In the second, he represented a client in a child custody dispute but did not submit an evidence list to the court prior to the court date. His lack of knowledge about procedures for returning children in custody disputes also delayed the return of his client's child by 30 days. He also owes his client $750, half of the advance fee.

In mitigation, O'Brien cooperated with the bar's investigation, he made restitution to one client and he had emotional difficulties which led to substance abuse. He underwent residential treatment and has been sober for 17 months.

April 26, 2001

JAMES K. O’BRIEN [#168485], 41, of Beverly Hills was suspended for one year, stayed, with an actual 90-day suspension and was ordered to take the MPRE within one year and comply with rule 955. If the actual suspension exceeds two years, he must prove his rehabilitation. The order took effect April 26, 2001.

In a default proceeding, the State Bar Court found that O’Brien failed to comply with the conditions of a 1998 discipline order — he did not take the MPRE, attend ethics school or trust accounting class within one year. The 1998 order was the result of misconduct from 1995 to 1997 that included client trust account violations, failure to promptly pay a client the entire amount of a property damage settlement and practicing law while suspended for failing to pay bar dues.