Bernabe Hernandez was admitted to the California Bar 12th December 1983, but has since been disbarred. Bernabe graduated from UC Berkeley SOL.
Lawyer Information
| Name | Bernabe Hernandez |
|---|---|
| First Admitted | 12 December 1983 (40 years, 5 months ago) |
| Status | Disbarred |
| Bar Number | 110671 |
Contact
| Phone Number | 707-569-7553 |
|---|---|
| Fax Number | 707-523-4419 |
Schools
| Law School | UC Berkeley SOL (Berkeley CA) |
|---|---|
| Undergraduate School | San Diego State University (San Diego CA) |
Address
| Current Address | 350 E St #220 Santa Rosa, CA 95404 |
|---|---|
| Map |
History
| 15 December 2007 | Disbarred (16 years, 4 months ago) Disbarment 05-O-02680 |
|---|---|
| 16 August 2007 | Not eligible to practice law in CA (16 years, 8 months ago) Suspended, failed to pay fees |
| 8 July 2007 | Not eligible to practice law in CA (16 years, 10 months ago) Ordered inactive 05-O-02680 |
| 28 June 2007 | Not eligible to practice law in CA (16 years, 10 months ago) Discipline w/actual suspension 01-O-02736 |
| 31 May 2006 | Disciplinary charges filed in State Bar Court 05-O-02680 (17 years, 11 months ago) |
| 25 January 2005 | Disciplinary charges filed in State Bar Court 04-O-10312 (19 years, 3 months ago) |
| 22 October 2004 | Disciplinary charges filed in State Bar Court 03-O-02602 (19 years, 6 months ago) |
| 30 April 2003 | Disciplinary charges filed in State Bar Court 01-O-02736 (21 years ago) |
| 12 December 1983 | Admitted to the State Bar of California (40 years, 5 months ago) |
Discipline Summaries
December 15, 2007 BERNABE HERNANDEZ [#110671], 52, of Santa Rosa was disbarred Dec. 15, 2007, and was ordered to comply with rule 9.20 of the California Rules of Court. The State Bar Court found that Hernandez committed seven acts of misconduct in one client matter, including failing to perform legal services competently, respond to client status inquiries, keep a client informed about developments in his case, release the client’s file or render accounts of client funds, and he committed an act of moral turpitude and accepted compensation from someone other than his client without obtaining the client’s permission.Hernandez was hired by the grandfather and uncle of a criminal defendant; they paid him $6,000, but Hernandez did not get the defendant’s written consent allowing him to accept fees from his relatives. Hernandez was supposed to communicate with the grandfather.According to the bar court’s findings, Hernandez was cooperative and responsive to requests for information for the first six to seven months of his representation, but he then failed to respond to more than 100 phone calls or numerous faxes and letters. The grandfather followed Hernandez from courtroom to courtroom in the Sonoma County courthouse in an effort to speak with him. Hernandez repeatedly promised to have a family meeting and on one occasion told the grandfather that his client instructed him to provide no information to the family.He did not contact any witnesses, provide his client with any discovery or in-vestigate his client’s claims about wounds sustained by the victim in the case.The client was convicted of assault with a deadly weapon and attempted voluntary manslaughter, both felonies.Hernandez said he would appeal the verdict, but he never did. He did not respond to the grandfather’s requests about the status of the case, an accounting for fees or a return of the file. When he returned the file nearly two years later, it was incomplete.Hernandez also was disciplined in 2007 for misconduct in nine matters that included failure to communicate with clients, perform competently, refund unearned fees, return a client file or promptly deliver property to a client. He also improperly withdrew from representation.In the matter that led to his disbarment, bar court Judge Richard Platel concluded that Hernandez “cannot be trusted and is a liability to the legal profession and to the public.†He said Hernandez’ misconduct suggests he is “capable of future wrongdoing†and raises concerns about “his ability or willingness to comply with his ethical responsibilities.â€June 28, 2007 BERNABE HERNANDEZ [#110671], 52, of Santa Rosa was suspended for three years, stayed, placed on five years of probation with an actual two-year suspension and until he proves his rehabilitation, and was ordered to make restitution, take the MPRE and comply with rule 9.20. The order took effect June 28, 2007. Hernandez stipulated to 17 acts of misconduct in seven matters, all involving failure to communicate with his clients and most involving a failure to perform legal services competently. He also failed to release client property, refund unearned fees or keep a client informed of developments in his case.In one matter, a man hired Hernandez to help recover several firearms that had been confiscated by the Santa Rosa Police Department. Through his efforts, most of the guns were recovered but before returning the last item, the city attorney told Hernandez it needed information from the client. Hernandez did not inform the client about the request or to obtain the information, and he did not answer the client’s questions about the status of the firearm. The client finally handled the matter himself. He was unable to obtain his file from Hernandez until the State Bar intervened.After representing another client in a criminal trial, he agreed to file an appeal to contest the credit for time spent in custody issue. However, he failed to do so or to respond to the client’s many inquiries about the appeal. The client and his family also gave Hernandez a gold watch, major credit cards and documents to hold in safekeeping, but he did not release the property despite several requests. The appeal was filed by someone else.In another criminal matter, Hernandez entered a plea agreement on his client’s behalf without notifying him. He also didn’t tell the client the court had imposed a $100 fine against him pursuant to the plea agreement. In another matter, during the time Hernandez did not pursue the case, the primary defendant died without her testimony being preserved.In mitigation, Hernandez has no prior discipline record, he cooperated with the bar’s investigation and he either made restitution or has agreed to refund his clients’ advanced attorney fees. He also has been involved in the Lawyer Assist-ance Program since 2005.June 28, 2007 BERNABE HERNANDEZ [#110671], 52, of Santa Rosa was suspended for three years, stayed, placed on five years of probation with an actual two-year suspension and until he proves his rehabilitation, and was ordered to make restitution, take the MPRE and comply with rule 9.20. The order took effect June 28, 2007. Hernandez stipulated to 17 acts of misconduct in seven matters, all involving failure to communicate with his clients and most involving a failure to perform legal services competently. He also failed to release client property, refund unearned fees or keep a client informed of developments in his case.In one matter, a man hired Hernandez to help recover several firearms that had been confiscated by the Santa Rosa Police Department. Through his efforts, most of the guns were recovered but before returning the last item, the city attorney told Hernandez it needed information from the client. Hernandez did not inform the client about the request or to obtain the information, and he did not answer the client’s questions about the status of the firearm. The client finally handled the matter himself. He was unable to obtain his file from Hernandez until the State Bar intervened.After representing another client in a criminal trial, he agreed to file an appeal to contest the credit for time spent in custody issue. However, he failed to do so or to respond to the client’s many inquiries about the appeal. The client and his family also gave Hernandez a gold watch, major credit cards and documents to hold in safekeeping, but he did not release the property despite several requests. The appeal was filed by someone else.In another criminal matter, Hernandez entered a plea agreement on his client’s behalf without notifying him. He also didn’t tell the client the court had imposed a $100 fine against him pursuant to the plea agreement. In another matter, during the time Hernandez did not pursue the case, the primary defendant died without her testimony being preserved.In mitigation, Hernandez has no prior discipline record, he cooperated with the bar’s investigation and he either made restitution or has agreed to refund his clients’ advanced attorney fees. He also has been involved in the Lawyer Assist-ance Program since 2005. |