Francisco Hernandez Gutierrez was admitted to the California Bar 16th December 1980, but has since been disbarred. Francisco graduated from USC Law School.

Lawyer Information

NameFrancisco Hernandez Gutierrez
First Admitted16 December 1980 (43 years, 4 months ago)
StatusDisbarred
Bar Number95251

Contact

Phone Number213-487-7767
Fax Number213-487-6348

Schools

Law SchoolUSC Law School (Los Angeles CA)
Undergraduate SchoolYale University (New Haven CT)

Address

Current Address2975 Wilshire Blvd #528
Los Angeles, CA 90010
Map

History

7 January 2001Disbarred (23 years, 3 months ago)
Disbarment 98-O-03335
6 August 2000Not eligible to practice law in CA (23 years, 9 months ago)
Ordered inactive 98-O-03335
5 May 2000Not eligible to practice law in CA (24 years ago)
Ordered inactive 98-O-03335
8 March 2000Disciplinary charges filed in State Bar Court 98-O-03335 (24 years, 1 month ago)
16 December 1980Admitted to the State Bar of California (43 years, 4 months ago)

Discipline Summaries

January 7, 2001

FRANCISCO HERNANDEZ GUTIERREZ [#95251], 47, of Los Angeles was disbarred Jan. 7, 2001, and ordered to comply with rule 955.

Gutierrez did not respond to allegations in a notice of disciplinary charges, his default was entered and the State Bar Court recommended that he be disbarred for misconduct in two client matters.

While representing a client in an insurance claim for damages arising from an automobile accident, Gutierrez received notices of six medical liens totaling $3,183. He received an insurance draft for $614 for medical expenses and later settled his client’s claim for $7,748.

The insurance company sought reimbursement of the $614.

The client was notified by a collection agency that two of the six medical bills had not been paid, but when Gutierrez did not return his phone calls, the client paid $1,000 toward the liens.

Gutierrez then negotiated a reduced fee with a hospital and paid four liens, but he never paid two medical providers, reimbursed the insurance company or paid any money to his client.

The bar court found that he misappropriated client funds, allowed the balance in his client trust account to fall below the required amount, and failed to perform legal services competently, respond to his client’s inquiries or cooperate with a bar investigation.

In a second matter, Gutierrez received a $180,000 check as settlement of an insurance claim by a minor. The child’s mother asked him to pay the settlement proceeds directly to her or to place the money in a separate trust account, but he did neither.

Instead, Gutierrez gave the mother partial payments, which after three years totaled $119,000, telling his client the distribution was done under court orders and he was not allowed to give her the entire amount.

He eventually told the client he used her daughter’s money to pay business expenses, said the funds had been misappropriated from his trust account and admitted that the court had not ordered a piecemeal distribution. He also said she owed him one-third of the proceeds — $60,000 — as his fee, although the client had never agreed to a contingency or percentage fee arrangement.

The client never received any more money.

The court found that Gutierrez failed to maintain client funds in trust, promptly pay out client funds, or advise a client of developments in her case, and he committed acts of moral turpitude.

In recommending disbarment, Judge Eugene E. Brott wrote, “No explanation has been offered that might render disbarment inappropriate . . . . The court has no reason to believe that [Gutierrez] could or would conform his behavior to the ethical rules.”