In what the Pennsylvania Supreme Court called an "extremely egregious example of the unauthorized practice of law," a Pennsylvania attorney was disbarred due to his involvement in the sale of living trusts to seniors.
Attorney Brett Weinstein was involved with several estate planning businesses that sold living trusts to seniors. Non-lawyer sales agents would visit seniors in their homes and sell them living trusts as a way to avoid probate. The agents used an estate planning brochure prepared by Mr. Weinstein as well as misleading information about what is involved in probate to convince seniors to purchase the trusts. The agents collected the fees and obtained all personal information from the clients. Mr. Weinstein prepared the trusts, but had almost no contact with the clients. After the living trust was delivered to the client, the sales agent would often attempt to sell annuities. Mr. Weinstein also involved a law school friend in the same business and shared fees with him.
Despite being disciplined for this behavior once, Weinstein continued to engage in the same business. The Pennsylvania Office of Disciplinary Counsel brought disciplinary charges against him a second time for violating rules of professional misconduct regarding client contact, dividing fees, conflict of interest, and practicing law with a non-legal entity.
Finding that there "is no other comparable case in Pennsylvania in terms of the gravity of the deception, the determined persistence, and the harm to enormous numbers of vulnerable clients," the Pennsylvania Supreme Court ruled that disbarment was the appropriate discipline. According to the court, "the instant matter represents an extremely egregious example of the unauthorized practice of law, as [Mr. Weinstein] assisted laypersons in practicing law for an extended period of time, despite his full awareness of the impropriety of his actions."
To read the full decision of the court, click here.
For the blog post of Williamsport, Pa., ElderLawAnswers member Jeffrey A. Marshall on the disbarment, click here.
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