Mission Viejo, CA 92690
30 June 2013 | Disbarred (11 years, 10 months ago) Disbarment 11-O-15030 |
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27 January 2013 | Not eligible to practice law in CA (12 years, 3 months ago) Ordered inactive 11-O-15030 |
3 July 2012 | Not eligible to practice law in CA (12 years, 10 months ago) Suspended, failed to pay fees |
22 June 2012 | Not eligible to practice law in CA (12 years, 10 months ago) Discipline w/actual suspension 11-PM-19623 |
16 April 2012 | Not eligible to practice law in CA (13 years ago) Ordered inactive 11-O-15030 |
27 February 2012 | Disciplinary charges filed in State Bar Court 11-O-15030 (13 years, 2 months ago) |
19 February 2012 | Not eligible to practice law in CA (13 years, 2 months ago) Ordered inactive 11-PM-19623 |
27 January 2012 | Active (13 years, 3 months ago) |
28 November 2011 | Not eligible to practice law in CA (13 years, 5 months ago) Suspended/Child & Fam Supp noncompliance |
26 July 2011 | Active (13 years, 9 months ago) |
13 July 2011 | Not eligible to practice law in CA (13 years, 9 months ago) Discipline w/actual suspension 09-O-11014 |
1 July 2011 | Not eligible to practice law in CA (13 years, 10 months ago) Suspended, failed to pay fees |
21 June 2010 | Active (14 years, 10 months ago) |
28 May 2010 | Not eligible to practice law in CA (14 years, 11 months ago) Suspended/Child & Fam Supp noncompliance |
27 October 2009 | Active (15 years, 6 months ago) |
19 October 2009 | Not eligible to practice law in CA (15 years, 6 months ago) Suspended/Child & Fam Supp noncompliance |
18 March 2005 | Active (20 years, 1 month ago) |
3 March 2005 | Not eligible to practice law in CA (20 years, 2 months ago) Suspended/Child & Fam Supp noncompliance |
22 December 2003 | Active (21 years, 4 months ago) |
15 October 2003 | Not eligible to practice law in CA (21 years, 6 months ago) Suspended, failed to pass Prof.Resp.Exam 96-O-06077 |
21 September 2001 | Active (23 years, 7 months ago) |
4 September 2001 | Not eligible to practice law in CA (23 years, 8 months ago) Suspended/Child & Fam Supp noncompliance |
20 April 2001 | Discipline, probation; no actual susp. 96-O-06077 (24 years ago) |
6 July 2000 | Disciplinary charges filed in State Bar Court 97-O-11989 (24 years, 10 months ago) |
1 November 1999 | Disciplinary charges filed in State Bar Court 96-O-06077 (25 years, 6 months ago) |
18 August 1991 | Admitted to the State Bar of California (33 years, 8 months ago) |
June 27, 2013 STEVEN HOWARD HERTZ [#153971], 57, of Mission Viejo, was disbarred June 27, 2013 and was ordered to comply with rule 9.20 of the California Rules of Court and to make restitution. Hertz was disbarred after his default was entered for failing to file a response to the notice of disciplinary charges against him. The State Bar filed a petition for disbarment under rule 5.85 of the California Rules of Procedure, which permits disbarment of a lawyer who makes no move to have a default set aside within 180 days. The charges were also deemed admitted.Hertz was found culpable of 10 counts of misconduct in two client matters including failure to perform legal services with competence, failing to promptly return unearned fees, failure to return client files, failure to respond to his client’s inquiries about his case and failing to cooperate with a State Bar investigation. Hertz also failed to file a bankruptcy petition on behalf of a client.Hertz has three prior records of discipline. In 2012, his probation was revoked after he violated the terms of a 2011 disciplinary order by failing to contact the State Bar’s probation office, to file his first quarterly probation report or comply with a fee arbitration condition.Hertz stipulated to misconduct in two client matters in 2011—failing to pay out client funds and failing to account for client funds. In 2001, he was disciplined for mishandling his client trust account, writing checks against insufficient funds and committing acts of moral turpitude. He also did no work on a case and moved without telling his client or providing new contact information.Hertz was ordered to pay $5,909 in restitution.June 22, 2012 The probation of STEVEN HOWARD HERTZ, 56, of Mission Viejo was revoked, the previous stay of suspension was lifted and he was actually suspended for one year and until he provides proof that he complied with fee arbitration requirements. The order took effect June 22, 2012. Hertz violated the terms of a 2011 disciplinary order by failing to contact the State Bar’s probation office, file his first quarterly probation report or comply with a fee arbitration condition.The underlying discipline was imposed for Hertz’ failures to account for client funds or promptly pay out those funds. Hertz also was disciplined in 2001 for failing to competently perform legal services, account for client funds or maintain client funds in a client trust account and he commingled funds in his trust account.July 13, 2011 STEVEN HOWARD HERTZ [#153971], 55, of Mission Viejo was suspended for one year, stayed, placed on two years of probation with an actual 30-day suspension and he was ordered to take the MPRE within one year. The order took effect July 13, 2011. Hertz stipulated to two counts of misconduct in two matters. In the first, he received a settlement check for his client but when she did not receive a check that he had issued to her, she demanded a replacement four times. Hertz did not pay her for more than a month and stipulated that he failed to pay out client funds.In the second matter, his clients requested a refund of their $13,000 advance fee after they terminated him. Although he provided a partial accounting for $11,073, he did not refund almost $2,000 that he said the client owed him. He stipulated that he failed to account for client funds.Hertz was disciplined in 2001 for mishandling his client trust account, writing checks against insufficient funds, committing acts of moral turpitude, and he did no work on a case and moved without telling his client or providing new contact information.In mitigation, he performed pro bono work for four charitable organizations.April 20, 2001 STEVE HOWARD HERTZ [#153971], 45, of Costa Mesa was suspended for one year, stayed, placed on three years of probation, and was ordered to make restitution, attend the bar’s trust accounting school within one year and take the MPRE. The order took effect April 20, 2001. Hertz stipulated to misconduct in two cases.In a conservatorship case, Hertz was paid a $2,000 advance fee to represent a client in filing for a conservatorship of her mother. Hertz moved without telling his client, left no forwarding address or phone number and did no work on the case.He also mishandled his client trust account. He deposited $1,900 in earned fees into the account, which he later withdrew, and continued to write checks from the account against insufficient funds. When he deposited a $5,490 check into the account, the check bounced, leaving a $1,297.60 negative balance. By misappropriating the funds, Hertz committed an act of moral turpitude.He was ordered to pay a total of $5,997 to former clients and to Wells Fargo Bank, which had covered the insufficient funds.In mitigation, Hertz cooperated with the bar’s investigation. He also suffered emotional or physical difficulties and family problems during the time of the stipulated acts. |