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Trenidad Hernandez (WSBA No. 25849, admitted 1996), of Ellensburg, was disbarred effective August 20, 2003, by order of the Washington State Supreme Court following a hearing. This discipline was based on his conduct between 1999 and 2001 involving theft of client funds and acts of misconduct in five personal-injury and litigation matters.
Matter 1: In October 1999, Mr. Hernandez agreed to represent a client in a personal-injury matter. The verbal fee agreement was that Mr. Hernandez's fees would be an unspecified percentage of the client's recovery. The client's case settled and Mr. Hernandez received the $5,809 settlement check. Mr. Hernandez endorsed the client's signature on the check without her permission, and deposited the check into his IOLTA account. Mr. Hernandez disbursed the client's funds to himself, but none to the client. In July and October 2001, Mr. Hernandez sent the client $2,600 from other funds.
Matter 2: In January 2001, Mr. Hernandez received a client's settlement check on a personal-injury matter. In January 2001, Mr. Hernandez sent the client $5,816, disbursed fees and costs to himself, and told the client that he had disbursed $5,763 to pay her medical bills. In fact, Mr. Hernandez had paid only one $2,000 medical bill. In February 2001, Mr. Hernandez disbursed an additional $300 to himself, without explanation. By May 2001, Mr. Hernandez's trust account had a negative balance. The trust account did not contain a $1,960 subrogation payment that the client was later required to pay from her own funds.
Matter 3: In January 2000, Mr. Hernandez agreed to represent a client in a personal-injury matter. Mr. Hernandez refused to disclose the location of his law office and failed to return the client's calls to his cellular phone. In September 2000, the client retained substitute counsel. In January 2001, Mr. Hernandez sent a settlement-demand package to the insurance company. The client did not authorize or review this settlement demand. Mr. Hernandez was not authorized to act as the client's lawyer at this time. The client asked Mr. Hernandez to send a letter of withdrawal to the insurance company, but he did not do so.
Matter 4: On March 15, 2001, Mr. Hernandez agreed to represent a client on a municipal-court traffic charge. Mr. Hernandez failed to appear for the client's pretrial conference three times. The court continued the hearing twice so that he could attend. Mr. Hernandez did not respond to the client's phone calls or refund his legal fees. The client retained new counsel.
Matter 5: In early 2001, Mr. Hernandez agreed to represent a client in a criminal matter. Mr. Hernandez failed to appear for the court-ordered motion and jury call dates. The court clerk notified Mr. Hernandez by phone of the client's April 5, 2001, hearing, but Mr. Hernandez failed to appear. When the client called Mr. Hernandez from the courthouse, he reported that his car had been stolen. The state filed a motion for sanctions against Mr. Hernandez for repeatedly failing to appear, and the court issued an order requiring his appearance. Mr. Hernandez called the court during the sanctions hearing and stated that his car had broken down on the pass. The court found Mr. Hernandez in contempt and imposed terms of $750. Mr. Hernandez did not pay the terms. Mr. Hernandez promised to return the client's $1,500 fee payment, but never did so. Mr. Hernandez did not cooperate with the disciplinary investigation into these matters.
Mr. Hernandez's conduct violated RPCs 8.4(b), 1.14(a), 1.14(b)(4), and 8.4(i), by converting client funds from his trust account (theft in the first degree); 1.5(a) or (c)(1), by failing to reduce the contingent fee agreement to writing, provide a written settlement statement, and refund unearned fees; 1.14(b)(3), by failing to provide the client an accounting of the costs and attorney's fees actually disbursed; 1.4, by failing to keep the client informed of the status of her matter; 8.4(c), by misrepresenting that he had made medical payments and telling a client he would appear at a hearing, with no intent to do so; 1.2(f), by willfully purporting to act as a person's lawyer without authorization; 1.3 and 3.2, by failing to appear at a court hearing and expedite a client's litigation; and 3.4(c), by disobeying a court order to appear for a sanction hearing; and ELC 5.3(e) and (f), by failing to cooperate with the disciplinary investigation, including failing to appear for a deposition after service of a subpoena.
Anthony Butler represented the Bar Association. Mr. Hernandez represented himself. William P. Bergsten was the hearing officer.
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