On Friday, January 5, 2024, the California Supreme Court issued a final discipline order against attorney David Michael Medby, placing the attorney on a two-year probation.

The case is entitled “In the Matter of David Michael Medby,” with case no. S281295.

According to court documents, Medby was convicted in 2015 of one misdemeanor count of driving under the influence and one count of hit-and-run with property damage. He received three years probation which included enrolling in a licensed first-offender alcohol program. This conviction led to disciplinary proceedings against Medby through the State Bar of California.

In 2020, Medby stipulated facts with the State Bar and acknowledged his 2015 conviction constituted misconduct warranting discipline. The stipulation showed that Medby had practiced law for over 10 years without prior discipline, which was considered a mitigating factor. He also submitted character letters and entered the pretrial stipulation, acknowledging his wrongdoing.

However, in 2022 Medby was again convicted of driving under the influence after backing into a parked motorcycle while intoxicated. This second DUI conviction prompted another investigation by the State Bar. Medby once more stipulated with the Bar in 2023.

The stipulation acknowledged aggravating factors including Medby’s prior discipline record from 2020. However, mitigating factors included over 10 years of discipline-free practice initially, good character evidence, and his willingness to enter another pretrial stipulation. Considering these factors and the similar nature of the offenses, the stipulation recommended a one-year stayed suspension and two years probation. This was approved by the State Bar Court.

On January 5, 2024, the California Supreme Court issued its final order in the case. The order issued a formal suspension of Medby’s practice for one year but postponed the actual suspension. Instead, Medby was put on a two-year probation, which was contingent on complying with the stipulation and orders of the lower court. Medby must now comply with the probation terms to avoid actual suspension and maintain his eligibility to practice law.

The Disposition states:

“The court orders that David Michael Medby (Respondent), State Bar Number 227401, is suspended from the practice of law in California for one year, execution of that period of suspension is stayed, and Respondent is placed on probation for two years subject to the following conditions.”

According to avvo.com, Mr. Medby is a class action attorney in Long Beach, California. He attended the University of California at Los Angeles School of Law. He acquired his law license in California in 2003.

A copy of the original filing can be found here.