Championing the Underdog: David Baria

Partner Spotlight - October 2023

A Mississippi-born attorney with Cosmich, Simmons & Brown, Baria is the “David” we all need, slinging lethal pebbles to protect his clients against overwhelming odds.   
 
- By Kim Ranjbar   

David Baria has championed underdogs for as long as he can remember. Growing up in the small, rural town of Escatawpa, Mississippi, Baria often found himself coming to the defense of fellow classmates who needed help. “Maybe it’s biological, maybe it’s environmental, but I think it’s due to what’s often referred to as ‘life’s gift,’” explains Baria. “But I distinctly remember kids being bullied in junior high and me coming to their defense.”
 

 
As an undergraduate at the University of Southern Mississippi, Baria majored in criminal justice and, for a while, was drawn to the idea of being a juvenile counselor. Before beginning work on a minor in counseling psychology, he was encouraged to take the LSAT (Law School Admission Test). “I did pretty well on it, so I set my sights on law school.” After graduating with a Bachelor’s Degree, Baria went on to earn his Juris Doctor from the University of Mississippi School of Law in Oxford in 1990.
 
As a trial lawyer, Baria made it his focus to serve individuals and small businesses against mammoth corporations, primarily insurance companies. “What I have done consistently throughout my 34 years of practice is represent individuals and businesses with insurance claims that have been denied,” explains Baria. “and individuals with catastrophic personal injuries that are caused by the negligence of others.”
 

State Representative David Baria addresses a packed house at an Old Town Merchants Association meeting on Thursday, April 28. | Shoofly archives

 
In the spring of 2004, Baria made the move to Bay St. Louis with his wife, Marcie, and their three children. They had been living in his wife’s hometown of Jackson, and on a weekend trip to New Orleans, after dropping the kids off with their grandparents, decided to stop in Bay St. Louis. “We drove down to a little place called The Beach House, and we sat there having a smoothie, and Marcie said ‘This is where I want to live.’”
 
Like so many others, Baria lost his home and all of their possessions in the wake of Hurricane Katrina. Woefully, only a month later, he and Marcie also lost their eldest child, their son Darden. Reeling from the devastation, Baria stopped practicing law, and he and his wife turned inward to focus on family and increased their involvement in the community. Marcie, who is also an attorney, began Recycle Hancock (among other things) to beautify the county. Baria, after launching a hurricane cleanup/demolition company with some friends, decided to run for public office.
 

 
In 2007, Baria ran for Mississippi State Senate in District 46 and won, thus beginning a 12-year career as a Democratic member of the state’s political arena. During his tenure in the state Senate and House, Baria introduced bills which include, but are not limited to, capping insurance premiums for homeowners and flood insurance; offering tax incentives to homeowners who install solar power; raising Mississippi’s minimum wage; and requiring equal pay for men and women.
 
During his time in public service, Baria did everything he could to try and lift Mississippi out of “last place.” In 2018, he voted for a bill offering incentives to keep the state’s college graduates “in state” including a three-year exemption from state taxes, with an extension if they bought a house or started a business. He’s also been a vocal supporter of Medicaid, state-funded preschool and offering two years of free community college.
 
Although he was able to claim the Democratic nomination when he ran for U.S. Senate in 2018, Baria was defeated by Republican incumbent Roger Wicker. In March of 2019, Baria chose not to seek re-election in the Mississippi House and backed away from the podium, but he didn’t back down from the law. In that same year, he joined Jackson-based firm Cosmich, Simmons & Brown, PLLC.
 

 
Nearly all the firms in which Baria previously practiced had his name on the door, so making the transition from being his own boss to working for a mid-sized law firm was an adjustment. But he’s sculpted out what he calls an outpost office in Bay St. Louis. “I’m kind of a unicorn in terms of legal practice,” says Baria. “I’ve always done plaintiff’s work, and now I continue to do plaintiff’s litigation in a defense firm.” 
 
Baria’s stock-in-trade is litigation focusing on wrongfully denied insurance claims and catastrophically injured people. He also enjoys tackling business disputes because there aren’t many trial lawyers interested in getting involved in those types of cases. “I like to dig in and learn about the aspects of the business I’m representing,” says Baria.
 

 
Though Baria doesn’t plan on retiring any time soon, he and Marcie hope to travel more. Two of their children, daughters Merritt and Bess, are grown and living in Oxford, Mississippi. Their eldest daughter, Merritt, has even followed in her father’s footsteps and is now a third-year law student at Baria’s alma mater, Ole Miss. “We tried to talk her out of it!” laughs Baria. Their youngest son, Max, whom they adopted in 2008, is currently a sophomore attending Saint Stanislaus.    
 
Looking forward, Baria claims that if his mind remains sharp and he still enjoys it, he likely will continue to practice law well into his 70s. “I wanted to be a lawyer because I like the law. I like the idea of justice under the law – of a courtroom being a great leveler in American society.”
 

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