Lawyer disbarred over misconduct harming clients

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The Minnesota Supreme Court disbarred attorney John Timothy Hernandez on April 25. This punishment follows a temporary suspension.

Hernandez was admitted to the practice of law in 2017.  Most recently, Hernandez was an attorney for his solo practice, JT Hernandez Law PLLC.

By March 2021, the OLPR filed a petition for disciplinary action against Hernandez. Two supplementary petitions were filed in May and September of the same year.

The misconduct involved eleven matters among nine clients. The misconduct involved misappropriating client funds, dishonesty, not complying with court orders, not providing competent and diligent representation, unauthorized practice of law while CLE-suspended, failure to withdraw from representation when it was required, and noncooperation with disciplinary investigations.

One of Hernandez’s clients was shocked to learn of a six-figure judgment against him—and did not learn of it until his brother told him about it. Another client went without badly needed dental care due to the misconduct of Hernandez. Yet another client with high infection risk had an extended stay in jail due to Hernandez’s inaction.

Hernandez did not respond to any of the petitions, so the allegations were deemed admitted. The director of the Office of Lawyers Professional Responsibility filed a motion for summary relief.

The Minnesota Supreme Court heard argument for this case on February 28, 2022. Nicole Frank, senior assistant director of the OLPR, asked the court for disbarment. She stated that although Hernandez was an attorney for only five years, he “demonstrated a concerning and undeniable pattern of misconduct” that was “a progression heightening in severity.” While Hernandez’s poor conduct began with making frivolous claims, it escalated to misappropriation of client funds, among other things.

“The impacts of respondent’s misconduct are damaging and widespread,” Frank attested. “Respondent’s clients include vulnerable populations: criminal defendants, immigrants, those without significant financial means, those with health vulnerabilities, among others.” Frank affirmed that Hernandez’s conduct “destroys the trust his clients placed in him, undermines the confidence the public places in him, and slows the justice system.”

At arguments, Hernandez did appear, expressing remorse and describing struggles he had during the misconduct.

“First of all, I want to address with the court my remorse with how my clients have been treated, specifically in the last two years,” Hernandez stated. “I am probably visibly nervous and sound nervous because I feel horrible.” Hernandez explained his misconduct as a combination of “bad choices” and “bad circumstances.”

Hernandez explained how the COVID-19 pandemic affected his solo practice. Clients stopped coming into his office and Hernandez stated that he was homeless. Hernandez represented himself pro se, stating that he could not afford an attorney. “I don’t have a phone,” Hernandez said. He stated that he was currently living in half a duplex owned by a family member, working doing construction work. Hernandez also claimed that he did not currently own a car, alleging two were stolen from him.

Ultimately, he said it was his choices that led to the disbarment recommendation. “I can sit and try and explain it to you, but it’s on me,” Hernandez admitted. “I’m a member of the community, and I continue to want to be a lawyer.” Hernandez proposed suspension as the appropriate discipline for the misconduct.

But Frank maintained, “This matter is not just barely over the line into the field of cases that are disbarment. It is squarely and solidly within disbarment.”

Hernandez was temporarily suspended from the practice of law in June 2022. The court referred the matter to a referee to review aggravating and mitigant factors and recommend discipline. After the evidentiary hearing, which Hernandez participated in, the referee found aggravating factors, and no mitigating factors, and recommended disbarment.

The court agreed with the OLPR and referee’s recommendation. Hernandez was disbarred, effective April 25.