Dain Roy Birkley was admitted to the California Bar 2nd December 1976, but is now resigned. Dain graduated from Syracuse University COL.
Lawyer Information
| Name | Dain Roy Birkley |
|---|---|
| First Admitted | 2 December 1976 (47 years, 5 months ago) |
| Status | Resigned |
| Bar Number | 69884 |
Contact
| Phone Number | 209-491-2523 |
|---|
Schools
| Law School | Syracuse University COL (Syracuse NY) |
|---|---|
| Undergraduate School | Denison University (Granville OH) |
Address
| Current Address | 3921 Carver Rd Modesto, CA 95356-9574 |
|---|---|
| Map |
History
| 17 August 2000 | Resigned (23 years, 8 months ago) Resignation with charges pending 00-Q-12244 |
|---|---|
| 9 June 2000 | Not eligible to practice law in CA (23 years, 10 months ago) Vol.inactive(tender of resign.w/charges) 00-Q-12244 |
| 30 May 2000 | Not eligible to practice law in CA (23 years, 11 months ago) |
| 1 January 2000 | Inactive (24 years, 4 months ago) |
| 31 December 1999 | Active (24 years, 4 months ago) |
| 27 September 1999 | Not eligible to practice law in CA (24 years, 7 months ago) Suspended, failed to pay fees |
| 26 August 1999 | Active (24 years, 8 months ago) |
| 26 August 1999 | Discipline, probation; no actual susp. 96-O-08496 (24 years, 8 months ago) |
| 1 August 1998 | Not eligible to practice law in CA (25 years, 9 months ago) Ordered inactive 96-O-08496 |
| 18 February 1998 | Disciplinary charges filed in State Bar Court 96-O-08496 (26 years, 2 months ago) |
| 2 December 1976 | Admitted to the State Bar of California (47 years, 5 months ago) |
Discipline Summaries
May 30, 2000 DAIN ROY BIRKLEY [#69884], 53, of Modesto was placed on interim suspension May 30, 2000, following convictions for manufacturing a controlled substance and possession for sale of a controlled substance. Both were felonies involving methamphetamine. He was ordered to comply with rule 955. August 22, 1999 DAIN ROY BIRKLEY [#69884], 53, of Modesto was suspended for six months, stayed, placed on one year of probation and was ordered to take the MPRE within one year. The order took effect Aug. 22, 1999. Birkley was paid $3,000 in advance fees to represent a defendant company in a federal lawsuit which was dismissed due to lack of jurisdiction.He then was retained by the company, on a contingency basis, to handle a bad faith insurance matter against the plaintiff in the federal case. He failed to file a civil complaint or take any other significant legal action. He stopped communicating with his client and did not respond to requests for an accounting and a refund of the advanced fee in the federal matter.In a default proceeding, the State Bar Court found that Birkley failed to perform legal services competently, communicate with clients, provide an accounting or cooperate with the bar's investigation, and he withdrew from employment without protecting his client's interests. Although he was charged with failing to return an unearned fee, the court said there was no evidence that fees connected with the federal court matter were unearned and dismissed the charge.In mitigation, Birkley has no record of discipline in more than 20 years of practice. |