Attorney Disbarred for Role in Scheme to Continue Drafting Wills, Trusts

The Delaware Supreme Court disbars an out-of-state attorney for knowingly attempting to circumvent the court's orders that he and a Delaware accountant cease engaging in the unauthorized practice of law by drafting wills and trusts for Delaware clients. In Matter of Kingsley (Del., No. 138, 2008, June 4, 2008).

Attorney Leonard Kingsley was admitted to the state bars of New Jersey and Pennsylvania. He entered into an agreement with Delaware accountant Ralph V. Estep to prepare estate planning documents including wills and trusts for Delaware residents. Following notice from the Office of Disciplinary Counsel (ODC) that his activities were in violation of the rules, Mr. Kingsley moved his office from Delaware to Pennsylvania but continued his business relationship with Mr. Estep.

In August 2007, the same month that the Delaware Supreme Court fined Mr. Estep for his actions, the ODC charged Mr. Kingsley with violating the rules by, inter alia, engaging in the unauthorized practice of law by drafting estate planning documents for Delaware residents, maintaining a systematic and continuous legal presence in Delaware and for knowingly disobeying the court's cease and desist orders against him and Mr. Estep. Dismissing Mr. Kingsley's late challenge that as a non-Delaware attorney the ODC lacked jurisdiction over him, the board recommended that Mr. Kingsley be disbarred. Mr. Kingsley sought a punishment short of disbarment.

The Delaware Supreme Court finds that disbarment is appropriate as Mr. Kingsley held himself out as being licensed to practice in Delaware, caused harm to clients, and knowingly continued to prepare estate planning documents despite having been ordered to desist. In the context of an out-of-state attorney, disbarment means "the unconditional exclusion from the admission to or the exercise of any privilege to practice law in" the state.

For the full text of this decision, go to: https://courts.delaware.gov/opinions/(ry0mkv45m1dcpb55nm1r0y45)/download.aspx?ID=107370.

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