Ernest David Garcia was admitted to the California Bar 29th November 1979, but has since been disbarred. Ernest graduated from Santa Clara University SOL.
Lawyer Information
| Name | Ernest David Garcia |
|---|---|
| First Admitted | 29 November 1979 (45 years, 7 months ago) |
| Status | Disbarred |
| Bar Number | 88416 |
Contact
| Phone Number | 209-521-8829 |
|---|---|
| Fax Number | 209-521-8846 |
Schools
| Law School | Santa Clara University SOL (Santa Clara CA) |
|---|---|
| Undergraduate School | San Jose State University (San Jose CA) |
Address
| Current Address | 1228 I St Modesto, CA 95354 |
|---|---|
| Map |
History
| 22 February 2004 | Disbarred (21 years, 4 months ago) Disbarment 02-N-15871 |
|---|---|
| 29 August 2003 | Not eligible to practice law in CA (21 years, 9 months ago) Ordered inactive 02-N-15871 |
| 27 June 2003 | Not eligible to practice law in CA (21 years, 12 months ago) Ordered inactive 02-N-15871 |
| 25 February 2003 | Disciplinary charges filed in State Bar Court 02-N-15871 (22 years, 3 months ago) |
| 27 October 2002 | Not eligible to practice law in CA (22 years, 7 months ago) Discipline w/actual suspension 00-O-11587 |
| 14 January 2002 | Disciplinary charges filed in State Bar Court 00-O-11587 (23 years, 5 months ago) |
| 2 October 1992 | Discipline, probation; no actual susp. 90-O-18156 (32 years, 8 months ago) |
| 29 November 1979 | Admitted to the State Bar of California (45 years, 7 months ago) |
Discipline Summaries
February 22, 2004 ERNEST DAVID GARCIA [#88416], 51, of Modesto was disbarred Feb. 22, 2004, and ordered to comply with rule 955 of the California Rules of Court. Garcia failed to comply with an earlier rule 955 requirement that he submit to the Supreme Court an affidavit stating that he notified his clients, opposing counsel and all pertinent parties of his suspension. Failure to comply with the rule is grounds for disbarment.He was disciplined in 2002 for, among other things, failing to perform legal services competently, deposit client funds in a trust account, promptly pay out client funds or cooperate with the bar’s investigation and for committing an act of moral turpitude.Garcia also was disciplined in 1992. His default was entered in the disbarment proceeding.October 27, 2002 ERNEST DAVID GARCIA [#88416], 50, of Modesto was suspended for four years, stayed, placed on four years of probation with an actual two-year suspension and was ordered to prove his rehabilitation, take the MPRE and comply with rule 955. The order took effect Oct. 27, 2002. Garcia stipulated to misconduct in four matters.He wrote at least 66 checks to himself against his client trust account and did not promptly remove funds from which he had earned fees, instead leaving the funds in his account for payment of personal expenses as needed. He stipulated that he commingled funds.In two other matters, he wrote at least five checks against insufficient funds in the client trust account and tried to make an automatic withdrawal against an overdrawn account. He stipulated that he failed to maintain client funds in the account and committed acts of moral turpitude.In a personal injury action, Garcia deposited a settlement check into his trust account but did not return to opposing counsel a signed release or file a dismissal with the court. He did not promptly pay his client's medical bills, allowed the balance in his trust account to fall below the required amount (the account actually was overdrawn) and misappropriated $6,000 of client funds.Garcia did not cooperate with the bar's investigation of any of the misconduct.He was disciplined in 1992 for failing to perform legal services competently or communicate with a client and for improperly withdrawing from employment. |