James Leon Hermanson was admitted to the California Bar 18th December 1973, but has since been disbarred. James graduated from Western State University.

Lawyer Information

NameJames Leon Hermanson
First Admitted18 December 1973 (51 years ago)
StatusDisbarred
Bar Number57289

Contact

Phone Number858-622-7287

School

Law SchoolWestern State University (CA)

Address

Current Address5445 Oberlin Dr #200
San Diego, CA 92121
Map

History

16 August 1998Disbarred (26 years, 4 months ago)
Disbarment 94-O-19157
9 February 1998Not eligible to practice law in CA (26 years, 10 months ago)
Ordered inactive 94-O-19157
30 November 1997Not eligible to practice law in CA (27 years ago)
Discipline w/actual suspension 95-O-15289
26 October 1997Not eligible to practice law in CA (27 years, 2 months ago)
Ordered inactive 94-O-19157
3 December 1996Disciplinary charges filed in State Bar Court 94-O-19157 (28 years ago)
3 September 1996Disciplinary charges filed in State Bar Court 95-O-13330 (28 years, 3 months ago)
17 July 1996Disciplinary charges filed in State Bar Court 95-O-10229 (28 years, 5 months ago)
1 May 1996Disciplinary charges filed in State Bar Court 95-O-15289 (28 years, 8 months ago)
31 July 1995Not eligible to practice law in CA (29 years, 5 months ago)
Suspended, failed to pay fees
25 July 1994Not eligible to practice law in CA (30 years, 5 months ago)
Admin Inactive/MCLE noncompliance
18 December 1973Admitted to the State Bar of California (51 years ago)

Discipline Summaries

August 16, 1998

JAMES L. HERMANSON [#57289], 59, of San Diego was disbarred Aug. 16, 1998, and was ordered to comply with rule 955.

In a default proceeding, the State Bar Court found Hermanson culpable of wilful misappropriation, moral turpitude, failure to deposit client funds in a trust account, pay out client funds on demand, perform legal services competently, keep his address current with the State Bar or cooperate with the bar's investigation.

His misconduct was similar in two client matters, and he was suspended in 1997 for virtually identical misconduct — failing to pay medical lien providers out of the settlement funds of eight clients.

In the most recent misconduct, Hermanson failed to pay his client's doctor from a $64,000 personal injury settlement. Instead, his client trust account repeatedly fell below the balance required, and ultimately was placed on inactive status by the bank due to lack of activity.

Hermanson failed to pay the same doctor in a second personal injury case as well. He also changed his address without notifying his client

In recommending disbarment, Judge Carlos E. Velarde noted that misappropriation of client funds is "a grievous breach of an attorney's ethical duties and . . . generally warrants disbarment."

Alluding to Hermanson's continued failure to comply with his professional responsibilities, Velarde wrote, his "laissez-faire attitude militates against any disposition other than disbarment."

November 30, 1997

JAMES LEON HERMANSON [#57289], 58, of San Diego was suspended for two years, stayed, and placed on probation for two years, including one year of an actual suspension, effective Nov. 30, 1997. He was ordered to pass the MPRE and comply with rule 955.

In this default decision, Hermanson was found culpable of misconduct in eight client matters. Clients hired Hermanson to handle personal injury matters, but when the settlement checks came in, he withheld payment of medical liens totaling more than $47,000.

One client was sued by her automobile insurer for recovery of medical payments on her behalf and another was threatened with legal action when Hermanson also failed to pay her medical provider.

In at least one instance, he failed to pay the client his portion of the settlement.

Although the bar’s office of trial counsel sought Hermanson’s disbarment, the review judge disputed that recommendation, noting that his misconduct, as alleged, did not “rise to that level.”

The judge wrote that Hermanson was not charged with misappropriation or some other acts of moral turpitude and the location of the missing funds was never pinpointed. “It is likely that the misconduct committed by [Hermanson] was more serious than the State Bar charged,” wrote the judge, “that is, that the money [he] withheld to pay the various medical providers did not remain in trust, but instead was used by [Hermanson] for his own purposes.”

Although the bar sent notices of disciplinary charges by certified mail to Hermanson, he failed to file responses or participate in the misconduct proceedings.

Hermanson has a 15-year discipline-free record, which was considered a factor in mitigation. However, because he failed to participate in the bar proceedings, “no further evidence of mitigation was presented and none can be gleaned from the record,” wrote the judge.