Ventura, CA 93003-9012
12 August 1998 | Active (26 years, 9 months ago) |
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14 May 1998 | Not eligible to practice law in CA (27 years ago) Discipline w/actual suspension 96-O-02714 |
5 February 1998 | Active (27 years, 3 months ago) |
27 February 1997 | Disciplinary charges filed in State Bar Court 96-O-02714 (28 years, 2 months ago) |
27 February 1997 | Disciplinary charges filed in State Bar Court 96-O-07424 (28 years, 2 months ago) |
17 December 1991 | Admitted to the State Bar of California (33 years, 5 months ago) |
May 14, 1998 GINA S. BERRY [#155032], 33, of Ventura was suspended for one year, stayed, and placed on probation for two years with a 90-day actual suspension and a restitution requirement, effective May 14, 1998. She was ordered to pass the MPRE and comply with rule 955.Berry’s misconduct involved three separate clients and their parole hearings.In one case, Berry was hired by a client for representation at his parole recision hearing.The client’s hearing was held and his parole revoked, with a date set for a suitability hearing. Berry accepted additional fees to work on a writ of habeas corpus for her client, but she failed to file it.She later promised to visit the client on a certain date, but failed to call or show up. The client’s wife wrote to Berry and requested a status update on her husband’s case, but she never received a response.Berry then informed the client’s wife that she was moving to a law office in Simi Valley, but asked her to continue sending correspondence to her Oxnard address. She told the wife not to contact her at her new firm since she would be practicing in a different area of law.Berry failed to respond to the wife’s letters and telephone calls asking for a case status update and informing her of the date of her husband’s suitability hearing. She failed to inform her client that she could not represent him at his parole suitability hearing and contacted the parole board regarding her withdrawal only a day before the hearing.In addition, she neglected to keep the bar’s membership department apprised of her address change.In aggravation, her misconduct involved multiple acts of wrongdoing.In mitigation, she acted in good faith when she returned unearned fees to one client.Her discipline-free prior record was not entitled to any weight in mitigation because she had practiced only a short time when the misconduct occurred. |