Los Angeles, CA – August 2024

Case Number	Court	Judicial Office
SBC-23-O-30979	Los Angeles	Saab, Dennis G
File Date	Case Type	Case Status
11/20/2023	Original Discipline	Supreme Court – Closed

Augustine Carlos Batara, a California attorney licensed since 1993, is facing serious disciplinary charges that could result in his disbarment. Filed by the State Bar of California on November 20, 2023, the charges stem from allegations of misrepresentation, mishandling of client funds, and failure to cooperate with a State Bar investigation. The charges reflect multiple violations of the California Rules of Professional Conduct and the Business and Professions Code.

Misrepresentation to Immigration Client

The most serious allegation involves Batara’s representation of Elethea Hyacinth Allen, an immigration client, between February 2022 and June 2022. The State Bar claims that Batara made several misrepresentations regarding Allen’s immigration case, including providing incorrect information about the status of her I-601A waiver application and falsely advising her that she did not need the waiver because her husband was a U.S. citizen. In fact, her husband was a permanent resident, and the waiver was required. These misleading statements, according to the State Bar, constitute moral turpitude, dishonesty, or corruption, a violation of Business and Professions Code section 6106.

Failure to Perform with Competence

In addition to the misrepresentations, Batara is accused of failing to competently handle Allen’s immigration matter. Despite knowing that time was of the essence due to Allen’s overstayed visa status, Batara repeatedly gave her incorrect legal advice regarding her eligibility for an adjustment of status. The State Bar asserts that this demonstrated a violation of Rule 1.1(a) of the Rules of Professional Conduct, which requires attorneys to perform legal services with competence.

Mishandling of Client Funds

Another significant allegation involves Batara’s mishandling of client funds. Between May 2021 and March 2022, Batara received $5,050 in advance fees from Allen and her husband. Instead of depositing the money into a designated client trust account as required, he failed to do so, violating Rule 1.15(a). Moreover, in October 2022, Batara allegedly commingled his personal funds—$6,815.20—with client funds, an action prohibited under Rule 1.15(c).

Failure to Diligently Pursue Case

The State Bar also claims that Batara failed to diligently pursue Allen’s immigration case. Despite receiving the necessary information from Allen in October 2021, he delayed submitting the I-601A waiver application for several months, ultimately failing to file it before Allen terminated his services in June 2022. This lack of action, particularly in a time-sensitive case, is a violation of Rule 1.3(a), which requires attorneys to act with reasonable diligence in their clients’ matters.

Lack of Cooperation with the State Bar

The final charge against Batara involves his failure to cooperate with the State Bar’s investigation. After Allen filed a complaint, Batara repeatedly ignored requests from the State Bar to respond to the allegations. Despite receiving multiple letters and emails between September 2022 and August 2023, Batara did not provide any substantive response, violating Business and Professions Code section 6068(i), which obligates attorneys to cooperate in disciplinary investigations.