From time to time probate lawyers are in the news. Most of the time it is because of famous clients; wealthy clients; family disputes; interesting bequests; or the continuing saga of the distribution of an estate.

Rarely are they in the news because people are upset with them.  However, recently there have been two cases outside of California wherein it has been alleged that probate attorneys took money from their clients.  Both of these attorneys have filed for bankruptcy.

It was reported in the Rocky Mountain News this month that Denver probate attorney Susan Haines was disbarred (lost her license to practice law) for taking $70,000 from a client’s estate and then committing perjury.

Essentially the facts are as follows.  Ms. Haines was among several attorneys representing an estate in Colorado when a settlement in the amount of $200,000 came in from litigation of a Florida matter.  Ms. Haines then wrote herself checks in the amount of $70,000 even though the amount of work that she had done in the Florida litigation matter was approximately $4,000.  It should be noted that before the litigation matter arose, Ms. Haines’ firm “had logged nearly $100,000 for administrative work done on behalf of the estate.”  

Ms. Haines’ defense was that she had told others involved in the case that she was going to write the checks, but both a hearing board and the Colorado Supreme Court found that she was lying and had not told those people.

Ms. Haines had been practicing probate and elder law for about 18 years at the time this occurred and was active in the bar association on elder law issues.

In Allegheny County Pennsylvania – Pittsburgh is the biggest city in the County – a former attorney is standing trial on three felony theft charges for stealing more than $260,000 from a man whose estate she handled.  The client died in 2002; the attorney was disbarred in 2004; and the trial is ongoing. 

In California, it is not the everyday experience for the attorney for the estate to have access to the estate’s accounts or monies.  It does occur when the attorney is acting as the administrator or the executor of the estate.  Therefore, these are simply cautionary tales — precautions should always be taken. 

Choose your California probate attorney carefully and always make sure you are on top of the case!!