Whitney Z. Bernstein

Overview

Whitney Z. Bernstein is an accomplished trial attorney and aggressive litigator with a track record for achieving success for her clients when the odds are against them. She has spent her career successfully defending felony and misdemeanor federal and state criminal offenses, leading companies in internal investigations and advising individuals to prevent litigation, and representing companies and individuals in complex civil litigation, including class actions on behalf of both plaintiffs and defendants. Whitney is a credible, tireless, and respected advocate who has tried numerous felony, misdemeanor, and civil jury trials.

In addition to Whitney’s considerable courtroom and trial experience, she has drafted and argued countless suppression and discovery violation motions, negotiated favorable pre- and post-indictment dispositions for her clients, and obtained numerous dismissals of charges. Whitney takes a very hands-on approach by involving herself in all aspects of case management, investigation, discovery, depositions, interviews, negotiations, and trial preparation. She also has successfully argued before the Ninth Circuit Court of Appeals regarding interpretation and application of federal immigration laws.

Whitney’s outstanding results and reputation have earned her recognition by Chambers USA as a top litigator in White-Collar Crime and Government Investigations.  She was recognized by Lawdragon as one of the “500 Leading Litigators in America” in 2025. 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, California’s leading legal newspaper, named Whitney to its lists of Top 100 Lawyers in 2025, Top Women Attorneys in 2024, Top 40 under 40 in 2023, and Top White Collar Lawyers in 2022. Super Lawyers® has recognized Whitney every year since 2020.  The National Trial Lawyers also named Whitney as one of the Top 40 Under 40 Defense Trial Lawyers in 2021 and 2022 for her demonstrated superior qualifications, leadership skills, and trial results. 

Outside of the courtroom, Whitney is very involved in her community. She trains federal criminal defense practitioners at the local and national level. She proudly serves on the executive board for the Women’s White Collar Defense Association’s Los Angeles Chapter, on the board for the Federal Bar Association’s Orange County Chapter, as a member of the First Amendment Lawyers Association, and as a Barrister of an American Inns of Court.  Previously, Whitney served on the inaugural Advisory Board to the San Diego County Probation Department Chief, as a Lawyer Representative for the Southern District of California from 2019 to 2025, and as the co-chair of the San Diego Cornell Alumni Admissions Ambassador Network.

Prior to joining Bienert Katzman Littrell Williams LLP, Whitney was a trial lawyer for the Federal Defenders of San Diego, Inc. Before that, she was a trial lawyer for Brooklyn Defender Services in Brooklyn, New York. She graduated from the University of Pennsylvania Law School earning her Juris Doctor and simultaneously earning her Master of Science in Criminology from the University of Pennsylvania Department of Criminology. As an undergraduate at Cornell University where she earned her Bachelor of Arts in Government and Sociology with a concentration in Law and Society, she graduated with Distinction in All Subjects, Dean’s List, and was an active volunteer in the local community as a firefighter and teacher inside prisons.