Lawyer Facing Criminal Charges For Redistribution

While the Astor case has received attention, commentary by legal professionals has been sparse compared to the way in which other industries respond upon the exposure (or even hint) of professional misconduct.

Bernie Madoff’s 150-year prison sentence unleashed a new round of commentary by financial pundits and industry professionals. This condemnatory rhetoric started with the exposure of Madoff’s scheme and will likely continue throughout the prosecutions of other alleged swindlers including Allen Stanford.

Equally vocal has been the medical profession over the last days as eyes are on Dr. Conrad Murray, the cardiologist presumably attending Michael Jackson during the last hours of his life. Akin to the two doctors along with Howard K. Stern who face charges of conspiring to furnish the drugs that ultimately lead to Anna Nicole Smith’s death, the idea that Jackson’s death could have a prescription drug connection is top-of-mind in many quarters.

People from the healthcare industry have quickly spoken out about prescription drug abuse and it sometimes being enabled by unethical members of their profession. Discussions have also included the influence of celebrity, wealth and power.

Meanwhile, we come back to the Marshall/Morrissey trial in which one lawyer is facing criminal charges with several others having committed major ethical breaches yet the legal profession is silent. Hiding behind the “innocent until proven guilty” concept is a convenient excuse, but a lame response.

“Proper estate planning” is an industry mantra and Brooke Astor absolutely was responsible in her preparations. Unlike the financial and medical communities, the legal industry isn’t being so forthcoming in addressing what to do when “proper estate planning” becomes a tool for exploitation at the hands of a “qualified legal professional.”

Brooke Astor was the target of an Involuntary Redistribution of Assets (IRA) effort in which estate planning documents were used to divert assets in a manner contrary to her intentions. Similar acts are occurring throughout the U.S. with estates of all sizes being targeted, however, the legal industry stays largely silent on this issue.

Our focus tends to be on the latest headlines, but don’t lose sight that what is not being discussed may be the bigger story.

Lou Ann Anderson is an advocate working to create awareness regarding the Texas probate system and its surrounding culture. She is the Online Producer at www.EstateofDenial.com and a Policy Advisor with Americans for Prosperity – Texas. Lou Ann may be contacted at info@EstateofDenial.com.