San Jose, CA 95111
27 November 2015 | Resigned (9 years, 5 months ago) Resignation with charges pending 15-Q-11117 |
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16 March 2015 | Not eligible to practice law in CA (10 years, 1 month ago) Vol.inactive(tender of resign.w/charges) 15-Q-11117 |
16 July 2012 | Active (12 years, 9 months ago) |
16 June 2012 | Not eligible to practice law in CA (12 years, 10 months ago) Discipline w/actual suspension 11-N-15600 |
5 December 2011 | Active (13 years, 5 months ago) |
13 May 2011 | Not eligible to practice law in CA (13 years, 11 months ago) Discipline w/actual suspension 09-O-13757 |
13 September 1985 | Active (39 years, 8 months ago) |
14 June 1985 | Not eligible to practice law in CA (39 years, 11 months ago) Discipline w/actual suspension 84-O-00013 |
13 June 1967 | Admitted to the State Bar of California (57 years, 11 months ago) |
June 16, 2012 FERNANDO VARGAS HERNANDEZ, 72, of San Jose was suspended for 30 days June 16, 2012. Hernandez complied with rule 9.20 of the California Rules of Court by filing a late affidavit. The State Bar accepted his explanation of confusion about the facts in his stipulation and his inability to file various forms because he had not received them from the probation department.The underlying discipline was imposed in 2011 after Hernandez stipulated that he failed to maintain client funds in trust or refund unearned fees. He also was disciplined in 1985 for acts of moral turpitude and failing to properly identify client property.In mitigation, he cooperated with the bar’s investigation and he had no clients at the time of his suspension.May 13, 2011 FERNANDO VARGAS HERNANDEZ [#40498], 71, of San Jose was suspended for two years, stayed, and placed on two years of probation with a six-month actual suspension and until he makes restitution, takes the MPRE and complies with rule 9.20 of the California Rules of Court. The order took effect May 13, 2011. Hernandez represented a couple in a construction contract dispute. Although he wrote twice to the contractor, he never filed a lawsuit, nor did he maintain his clients’ filing fees in his trust account. When he asked for another $1,500 after the clients had paid $3,320, they fired him. He did not refund his unearned fee.Hernandez stipulated that he failed to maintain client funds in trust or refund unearned fees.He was disciplined in 1985 for acts of moral turpitude and failing to properly identify client property. In mitigation, he was under stress because of the mental illness and subsequent incarceration of one of his children. |