Thomas Breen Kidwell was admitted to the California Bar 18th December 1975, but has since been disbarred. Thomas graduated from University of Cincinnati COL.

Lawyer Information

NameThomas Breen Kidwell
First Admitted18 December 1975 (49 years, 5 months ago)
StatusDisbarred
Bar Number66413

Contact

Current Emailtbk@kidwellassociates.com
Phone Number408-379-1900
Fax Number408-379-1902

Schools

Law SchoolUniversity of Cincinnati COL (Cincinnati OH)
Undergraduate SchoolHarvard University (Cambridge MA)

Address

Current Address116 E Campbell Ave Ste 7
Campbell, CA 95008
Map

History

13 January 2011Disbarred (14 years, 4 months ago)
Disbarment 05-O-02431
12 June 2010Not eligible to practice law in CA (14 years, 11 months ago)
Ordered inactive 05-O-02431
18 December 1975Admitted to the State Bar of California (49 years, 5 months ago)

Discipline Summaries

January 13, 2011

THOMAS BREEN KIDWELL [#66413], 62, of Campbell was disbarred Jan. 13, 2011, and was ordered to make restitution and comply with rule 9.20 of the California Rules of Court.

The State Bar Court found that Kidwell committed 17 acts of misconduct in four matters, including misappropriating approximately $235,518.71 from three clients. He also failed to perform legal services competently, deposit client funds in a trust account, promptly pay out client funds or communicate with clients and he committed acts of moral turpitude. During a five-day trial, Judge Lucy Armendariz concluded that his testimony lacked credibility and was often evasive.

In one matter, for example, Kidwell represented an insulation business that was one of more than 100 defendants in asbestos-related litigation. The company president also was getting a divorce and the company was joined to the divorce action. During the course of the divorce, Kidwell received $158,095 from the sale of a country club membership. After making court-ordered payments, he should have kept have a balance of about $76,275 in trust pending written agreement of the parties or further order of the court.

The couple authorized Kidwell to use the remainder of the funds to pay them monthly salaries and appropriate payroll taxes as employees of the insulation business. However, he did not pay the payroll taxes. He also did not make the required quarterly wage reports to the Employment Development Department.

The attorney handling the divorce case asked Kidwell for a full accounting of the funds he held in trust, records showing tax payments, cancelled checks for tax payments and quarterly reports. Kidwell did not provide the information. However, he claimed he made regular disbursements to the IRS and provided fabricated checks he supposedly wrote on behalf of the company. When the client fired him and directed him to disburse all remaining company funds, he didn’t do so for nine months. He also disobeyed court orders.

In another matter, Kidwell represented a couple in pending litigation regarding the dissolution of a partnership and the allocation of its assets. He received $118,761 from the clients, representing 40 percent of the sale of a duplex, and misappropriated the full amount. When the case was resolved, he prepared a statement that contained misrepresentations. He also received another $49,292 for the clients but spent most of that on matters unrelated to them. In total, he misappropriated $159,170.87.

He misappropriated $3,729.47 in another divorce case as well.

In mitigation, Kidwell had no discipline since his 1975 admission to the bar and he has done significant pro bono work. However, in recommending his disbarment, Armendariz said he has demonstrated indifference and shown no remorse. She wrote, “The serious and unexplained nature of the misconduct, the lack of participation in these proceedings as well as the self-interest underlying (Kidwell’s) actions suggest that he is capable of future wrongdoing and raise concerns about his ability or willingness to comply with his ethical responsibilities to the public and to the State Bar.”