Sandra Jean Smith was admitted to the California Bar 6th December 2000, but has since been disbarred. Sandra graduated from San Joaquin COL.

Lawyer Information

NameSandra Jean Smith
First Admitted6 December 2000 (23 years, 4 months ago)
StatusDisbarred
Bar Number211060

Contact

Current Email[email protected]

School

Law SchoolSan Joaquin COL (Fresno CA)

Address

Current Address9619 Smith Farms Rd
Cabot, AR 72023
Map

History

18 November 2011Disbarred (12 years, 5 months ago)
Disbarment 10-O-00044
23 June 2011Not eligible to practice law in CA (12 years, 10 months ago)
Ordered inactive 10-O-00044
7 May 2011Not eligible to practice law in CA (12 years, 11 months ago)
Inactive - Irreparable injury (6007c) 11-TE-12196
6 December 2000Admitted to the State Bar of California (23 years, 4 months ago)

Discipline Summaries

November 18, 2011

SANDRA JEAN SMITH [#211060], 52, of Jacksonville, Ark., was disbarred Nov. 18, 2011, and was ordered to make restitution and comply with rule 9.20 of the California Rules of Court.

Smith stipulated to disbarment after she admitted misappropriating $379,440.02 of estate funds, committing acts of moral turpitude. She was hired to assist in probating an estate and told her client the probate court wanted the funds being held in an estate account to be held in Smith’s client trust account. The client transferred $410,822.49 to Smith’s trust account, but Smith allowed the balance to drop to $40.54. When she filed an account of the money, she said $373,993.11 was on hand.

As a result of her misconduct, the closing of the estate was delayed and the estate incurred numerous additional fees, including an annual bond premium of $1,800 and attorney’s fees. The beneficiaries were deprived of the full amount of the estate to which they would have been entitled.

In mitigation, she cooperated with the bar’s investigation.

June 1, 2011

Ignoring her own advice lands a lawyer on inactive status

A Santa Barbara lawyer accused of misappropriating almost $380,000 from an estate was placed on inactive status last month after the State Bar Court approved a stipulation by SANDRA JEAN SMITH [#211060] that her conduct “poses a substantial threat of harm to the interests of her clients or to the public.” Smith, 51, who is charged by the State Bar’s new major misappropriation task force with committing acts of moral turpitude, became the first California lawyer to stipulate that she poses a threat of harm to the public.

The bar charges that while acting as a lawyer for an estate’s administrator, Smith misappropriated $379,440 from the estate in February 2009. She has not paid back the money although she has frequently promised to do so.

The administrator of the estate brought a civil suit against Smith that settled recently for terms that included payments by Smith of $10,000 per month. Her first check bounced and a cashier’s check could not be negotiated because it was made out to the wrong estate.

“The removal of Smith from active practice is significant,” said Joseph Carlucci, who heads the misappropriation task force. “It will prevent her from using her law license to do any additional harm.”

According to the stipulation, approved by Judge Richard Honn May 4, Latasha Jones hired Smith in 2006 to help in probating the estate of Evelyn Fifer. Jones was appointed personal representative and opened an estate account to hold estate funds. The bar alleges that a year later, Smith falsely told Jones the probate court wanted those assets held in her client trust account. Jones transferred $410,822.49 to Smith’s trust account; she transferred back $31,341 and should have maintained a balance of $379,480 in the trust account. Three months later, the balance was $40.54.

Several months later, Smith filed a false accounting that stated $373,993 was on hand on behalf of the estate in a Bank of America CD.

When she finally admitted she no longer had the estate funds, Smith claimed she was working to secure loans in order to make restitution.

Jones sued Smith for negligence and reached a settlement for $422,940 that included principal of $367,409 and the remainder in interest and costs. Smith agreed to make monthly payments of $10,000. Her first check bounced and a cashier’s check was payable to “Estate of Evelyn Charles” rather than “Estate of Evelyn Fifer.” The court issued a judgment against Smith for $422,940.

Because of the missing funds, the estate has not been able to close and has been required to pay an annual bond premium of $1,800 as well as attorney’s fees.

State Bar deputy trial counsel Melanie Lawrence, who is prosecuting Smith, said her case was important because Smith might otherwise have access to the funds of current or prospective clients. She said Jones hired Smith after seeing an advertisement that said, “Don’t Let Others Steal Your Elderly Parent’s Estates.”

“Then she did just that, depriving the beneficiaries of their share of the estate,” Lawrence said.

The State Bar moved to place Smith on inactive status under a section of the State Bar Act that allows such action when an attorney is causing substantial harm to clients or the public, when the evidence suggests the harmful behavior is likely to continue and when it is likely the bar will prevail on the merits of the case.

The bar was to file formal disciplinary charges against Smith within 45 days of the court order.