Recognized in Best Lawyers since 2021 
Whitney Z. Bernstein is a trial attorney and litigator with experience representing individuals and businesses in criminal and civil matters throughout California and in federal court. Based in San Clemente, California, Whitney represents clients through Bienert Katzman Littrell Williams LLP in matters involving Appellate Practice, Commercial Litigation, Criminal Defense: General Practice, and Criminal Defense: White-Collar. Her practice includes defending felony and misdemeanor criminal cases, conducting internal investigations for companies, and handling contract disputes, business tort claims, and employment litigation.
Whitney has handled numerous federal and state jury trials and is known for her detailed and hands-on approach to litigation. She works closely with clients through every stage of a matter, including investigation, discovery, depositions, witness interviews, negotiations, motion practice, trial preparation, and appeals. In addition to her trial work, Whitney has drafted and argued suppression motions, discovery motions, and appellate issues, and she has secured dismissals and favorable resolutions in a wide range of criminal and commercial disputes. She also argued before the Ninth Circuit Court of Appeals on issues involving the interpretation and application of federal immigration law.
Whitney’s work in white-collar criminal defense and government investigations has earned recognition from Chambers USA. She was named the Best Lawyers “Lawyer of the Year” for Criminal Defense: General Practice in Orange County in 2023 and has been recognized by Best Lawyers for her work in White Collar Criminal Defense since 2021. The Daily Journal selected Whitney as one of the Top 40 Under 40 lawyers in California in 2023 and recognized her among the state’s Top White Collar Lawyers in 2022. Super Lawyers® has recognized Whitney as a “Rising Star” each year since 2020. She was also named among the Top 40 Under 40 Defense Trial Lawyers by The National Trial Lawyers in 2021 and 2022.
In addition to her legal practice, Whitney is active in professional and community organizations. She provides training for federal criminal defense practitioners at the local and national levels and serves as a Lawyer Representative for the Southern District of California. She is also an executive board member of the Women’s White Collar Defense Association’s Los Angeles Chapter and co-chair of the San Diego Cornell Alumni Admission Ambassador Network. Whitney previously served on the inaugural Advisory Board to the San Diego County Probation Department Chief.
Before joining Bienert Katzman Littrell Williams LLP, Whitney was a trial lawyer with the Federal Defenders of San Diego, Inc. She previously practiced with Brooklyn Defender Services in Brooklyn, New York. Whitney earned her Juris Doctor from the University of Pennsylvania Law School while also earning a Master of Science in Criminology from the University of Pennsylvania Department of Criminology. She received her Bachelor of Arts in Government and Sociology from Cornell University with a concentration in Law and Society. At Cornell, she graduated with Distinction in All Subjects, earned Dean’s List honors, and volunteered in the community as a firefighter and educator working inside prisons.
