On Monday, May 20, 2024, the Massachusetts Board of Bar Overseers of the Supreme Judicial Court issued its report and recommendation of suspension against attorney David Glenn Baker following disciplinary proceedings.
The case is entitled “Bar Counsel v. David Glenn Baker,” with case no. C1-20-00264659, C1-21-00269180, C1-22-00272396.
The hearing concerned three counts of alleged misconduct that occurred between 2014 and 2022. Count One involved Baker’s representation of a client named John Hoover in a Chapter 11 bankruptcy case in 2014. The committee found that Baker had violated Massachusetts Rules of Professional Conduct by knowingly making false statements of law to the U.S. Bankruptcy Court for the District of Massachusetts.
Specifically, Baker filed a motion for sanctions against a bank, claiming the bank had violated an automatic stay, when the cases he cited did not actually support this argument. He also misrepresented the definition of “cash collateral” in an objection he filed. The bankruptcy judge sanctioned Baker and ordered him to complete an ethics course, but Baker failed to comply with this order. His appeals of the sanctions were unsuccessful in the U.S. District Court and First Circuit Court of Appeals.
Count Two involved Baker’s representation of a client named Mary Buscone in a Chapter 13 bankruptcy case from 2019. The committee found Baker violated rules by knowingly making a false statement of fact to the bankruptcy judge during a hearing about discovery obligations. Baker also failed to comply with a court order regarding discovery requests and violated rules by not making reasonably diligent efforts to comply with proper discovery from the opposing party.
These actions resulted in a default judgment being entered against Buscone. Baker’s client thereby lost the ability to discharge a considerable debt. Baker’s client also experienced harm through substantial delays in the case.
Count Three related to Baker’s representation of clients Sonya Leak and her daughter Zaina Leak regarding foreclosure and eviction proceedings from 2011 to 2022. The committee found Baker violated rules by failing to promptly deliver excess foreclosure proceeds of approximately $35,000 that were owed to the estate of Sonya’s mother.
Baker also failed to provide Zaina with a written description of the scope and basis of his fee for representing her in an adversary proceeding related to the foreclosure. Additionally, the committee found Baker intentionally misrepresented himself as Sonya’s attorney and as an estate fiduciary in false pleadings, he filed in probate court, in violation of rules banning deceitful conduct.
In terms of discipline, the committee recommended a three-year suspension of Baker’s license to practice law. In the committee’s view, this lengthy suspension was justified based on the serious and intentional nature of Baker’s misconduct, including serial rule violations over several years, repeated efforts to mislead multiple courts, disregard of a court order, disservice to clients, lack of accountability, and arrogant refusal to acknowledge wrongdoing.
The recommendation states:
“On balance, considering the serious, intentional misconduct and the numerous aggravating factors we have found, we recommend a three-year suspension.”
According to avvo.com, Mr. Baker is a Chapter 13 bankruptcy attorney in Boston, Massachusetts. He attended the Massachusetts School of Law, graduating in 1996.
A copy of the original filing can be found here.
