Martinez, CA 94553
16 March 2007 | Resigned (17 years, 1 month ago) Resignation with charges pending 07-Q-10001 |
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3 January 2007 | Not eligible to practice law in CA (17 years, 3 months ago) Vol.inactive(tender of resign.w/charges) 07-Q-10001 |
22 September 2006 | Active (17 years, 7 months ago) |
18 September 2006 | Not eligible to practice law in CA (17 years, 7 months ago) Suspended, failed to pay fees |
18 September 2006 | Not eligible to practice law in CA (17 years, 7 months ago) Admin Inactive/MCLE noncompliance |
16 September 2002 | Active (21 years, 7 months ago) |
16 September 2002 | Not eligible to practice law in CA (21 years, 7 months ago) |
5 April 2002 | Discipline, probation; no actual susp. 01-PM-01844 (22 years ago) |
15 March 2001 | Discipline, probation; no actual susp. 99-O-13225 (23 years, 1 month ago) |
25 May 2000 | Active (23 years, 11 months ago) |
24 March 2000 | Not eligible to practice law in CA (24 years, 1 month ago) Discipline w/actual suspension 97-O-18458 |
27 April 1999 | Active (24 years, 12 months ago) |
13 April 1999 | Not eligible to practice law in CA (25 years ago) Suspended, failed to pass Prof.Resp.Exam 95-O-12660 |
21 February 1998 | Discipline, probation; no actual susp. 95-O-12660 (26 years, 2 months ago) |
9 July 1996 | Disciplinary charges filed in State Bar Court 95-O-12660 (27 years, 9 months ago) |
5 January 1984 | Admitted to the State Bar of California (40 years, 3 months ago) |
March 15, 2001 RICHARD ALAN KERNODLE [#112513], 51, of Martinez was suspended for three years, stayed, placed on three years of probation and was ordered to prove his rehabilitation and make restitution. The order took effect March 15, 2001. Kernodle stipulated to four counts of misconduct in three cases.He did not comply with probation conditions attached to a 1998 disciplinary order: he did not make complete and timely restitution, file probation reports and statements of compliance with an approved law office management plan on time or cooperate with the probation monitor. The discipline was imposed as a result of Kernodle’s failure to perform legal services competently, communicate with clients, refund unearned fees, or promptly pay out client funds, and for improperly withdrawing from employment.In a family law matter, he failed to perform legal services, appear at a hearing or refund $1,850 in advance fees.He represented his mother-in-law in a personal injury case, but maintains that he filed the complaint at the urging of his family in order to prevent the statute of limitations from expiring. He says it was not his intention to represent his mother-in-law in the case beyond filing the complaint.Subsequently, he did not substitute out as counsel, did not appear at case management conferences, did not respond to an order to show cause why the matter should not be dismissed (because of his failure to appear), and did not appear at the show cause hearing.Kernodle also was disciplined last year for failure to perform legal services competently, communicate with clients, refund unearned fees or cooperate with the bar’s investigation.In mitigation, the family law matter arose from Kernodle’s participation in a prepaid legal services provider and was addressed in an earlier discipline. The client complained after that earlier discipline was imposed, but the complaint likely would not have resulted in a more severe discipline.Kernodle also cooperated with the bar investigation of the new charges.March 24, 2000 RICHARD ALAN KERNODLE [#112513], 50, of Martinez was suspended for two years, stayed, placed on two years of probation with an actual 60-day suspension, and was ordered to prove his rehabilitation. The order took effect March 24, 2000. Kernodle stipulated to five counts of misconduct.He performed no legal services and failed to communicate with a client who paid an advance $500 fee to help him obtain a reduction in child support payments.The client fired Kernodle and demanded a refund of unearned fees, and when Kernodle did not respond, the client filed a small claims court complaint. The client eventually settled for $630.When a State Bar investigator contacted Kernodle about the case, he provided misleading information about a material aspect of the complaint.In a separate matter, Kernodle failed to comply with the probation conditions of a 1998 disciplinary order that resulted from misconduct in seven client matters. He did not file quarterly probation reports or submit statements of compliance with a law office management plan.February 21, 1998 RICHARD ALAN KERNODLE [#112513], 48, of Martinez was suspended for three years, stayed, and placed on probation for three years with a condition of restitution, effective Feb. 21, 1998. He was ordered to pass the MPRE. Kernodle's misconduct involved nine client matters and multiple instances of failing to perform legal services competently and failing to respond to clients' case status inquiries. In several instances, he failed to return unearned legal fees.In one matter, Kernodle was hired by a woman to collect child support from her ex-husband, but he failed to complete the case, return her file or refund her retainer.In a divorce matter, Kernodle failed to disburse the balance of a client's tax refund, which was held in his client trust account.In aggravation, Kernodle's misconduct involved multiple acts of wrongdoing and demonstrated a pattern of misconduct.In mitigation, House has no prior record of discipline since his admittance to the bar in 1984. |