 |
|
| Sydney C. Kirkland |
A San Diego estates attorney who has admitted to stealing $275,000 from an elderly client’s inheritance, and then lying and creating phony records to cover up the crime, has agreed to be disbarred.
Sydney C. Kirkland, whose practice specialized in the drafting and litigation of wills and trusts, also faces criminal charges of grand theft and stealing from an elderly adult, according to the State Bar of California.
When Jeanette Letman died in January 2011, she left her home, personal property and two bank accounts to her longtime friend and housemate Grover Gordon Jr., a disabled veteran who is now 80 years old. Ms. Kirkland, who had served as the estate planning attorney for both Mr. Gordon and Ms. Letman, and who was a co-trustee of the estate along with Mr. Gordon, deposited the contents of one of the bank accounts, totaling $285,730, into her client trust account.
Ms. Kirkland immediately began using the funds for her own personal use without Mr. Gordon’s knowledge. Dozens of withdrawals over the next 10 months drained the account of all but $10,000. Although not all the money has been accounted for, the state bar said $23,000 was used to help buy an Audi for Ms. Kirkland, and other amounts were transferred to her husband and others.
After a bank manager grew suspicious, Adult Protective Services investigated in June 2011. Ms. Kirkland, who had been a lawyer since 2001, responded that the money was invested in certificates of deposit and an investment fund, none of which actually existed. She also created a fake account statement for the trust. Even after Mr. Gordon successfully sued to have her removed as co-trustee, she continued to funnel money out of the account, the bar contended.
In July 2012 a probate court issued a default judgment in favor of Mr. Gordon, finding Ms. Kirkland guilty of fraud and fiduciary elder abuse and assessing actual and punitive damages totaling more than $472,000.
To read the state bar’s disbarment order courtesy of the San Diego Union-Tribune, click here.
For an article on the case in the Union-Tribune, click here.
Subscribe to the Knowledge Bank.
