David Franklin Brown was admitted to the California Bar 2nd December 1994, but has since been disbarred. David graduated from Peninsula University Law School.
Lawyer Information
| Name | David Franklin Brown |
|---|---|
| First Admitted | 2 December 1994 (29 years, 5 months ago) |
| Status | Disbarred |
| Bar Number | 172130 |
Contact
| Current Email | [email protected] |
|---|---|
| Phone Number | 209-605-3312 |
| Fax Number | 209-544-6119 |
Schools
| Law School | Peninsula University Law School (Mountain View CA) |
|---|---|
| Undergraduate School | See Registration Card |
Address
| Current Address | 719 14th St Modesto, CA 95354 |
|---|---|
| Map |
History
| 16 March 2013 | Disbarred (11 years, 1 month ago) Disbarment 11-O-11375 |
|---|---|
| 29 September 2012 | Not eligible to practice law in CA (11 years, 7 months ago) Ordered inactive 11-O-11375 |
| 25 November 2011 | Not eligible to practice law in CA (12 years, 5 months ago) Ordered inactive 11-O-11375 |
| 4 October 2011 | Disciplinary charges filed in State Bar Court 11-O-11375 (12 years, 6 months ago) |
| 26 August 2011 | Not eligible to practice law in CA (12 years, 8 months ago) Discipline w/actual suspension 10-O-02978 |
| 6 January 2011 | Not eligible to practice law in CA (13 years, 3 months ago) Ordered inactive 10-O-02978 |
| 19 October 2010 | Disciplinary charges filed in State Bar Court 10-O-02978 (13 years, 6 months ago) |
| 1 September 2010 | Not eligible to practice law in CA (13 years, 8 months ago) Suspended, failed to pay fees |
| 1 September 2010 | Not eligible to practice law in CA (13 years, 8 months ago) Admin Inactive/MCLE noncompliance |
| 2 December 1994 | Admitted to the State Bar of California (29 years, 5 months ago) |
Discipline Summaries
March 16, 2013 DAVID FRANKLIN BROWN [#172130], 65, of Modesto, was disbarred March 16, 2013, and was ordered to comply with rule 9.20 of the California Rules of Court. Brown was disbarred after his default was entered for failing to respond to charges that he committed four counts of misconduct in one client matter. Under rule 5.85 of the State Bar’s Rules of Procedure, a lawyer can be disbarred if he or she does not have the default set aside with 180 days. In addition, the charges are deemed admitted.In the underlying matter, Brown failed to perform legal services with competence by not doing any work on behalf of a client aside from sending a demand letter, did not return his client’s phone calls and refused to meet with him when he came to his office, and failed to return $5,000 in unearned fees. The court did not find him culpable of a fourth charge – failing to cooperate and participate in a disciplinary investigation – because there was no evidence Brown received the State Bar’s phone calls, letters and emails.Brown was ordered to pay restitution of $5,000 to his former client.August 26, 2011 DAVID FRANKLIN BROWN, 64, of Modesto was suspended for two years, stayed, actually suspended for 90 days and until he makes restitution and the State Bar Court terminates the suspension, and 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 Aug. 26, 2011. In a default proceeding, the bar court found that Brown committed 11 acts of misconduct in two matters.In the first, Brown was hired to collect $150,000 that had been awarded to his client as part of a dissolution settlement that required the former spouse to sell or refinance a piece of real property in order to obtain the necessary funds. The bar court found that Brown performed no services for his client and made no attempt to recover funds from the former spouse. He falsely told the client he had started foreclosure proceedings, did not file a substitution of counsel form with the court nor make any appearances, and did not respond to the client’s many phone messages. On his own, the client reached a settlement with his ex-wife.In the second matter, Brown filed a lawsuit, on behalf of corporate plaintiffs, to contest the validity of foreclosure proceedings concerning real property he owned. When his settlement proposal was rejected, he abandoned his law practice and left California. He did not file a settlement conference statement and told a representative of his client that he would not do any more work or file a formal motion to withdraw.He abandoned the case without telling the client about a scheduled deposition and without serving all the defendants with a summons. He took no steps to protect his client or seek a continuance of the trial date so the client could find a new lawyer.He stipulated that he failed to perform legal services competently, communicate with clients, account for client funds or refund an unearned fee, obtain court permission to withdraw from a case, cooperate with the bar’s investigation or keep his address current with the bar, and he abandoned a case and committed acts of moral turpitude by making misrepresentations to a client. |