Overview

This disciplinary case involves Jane L. Schooler, an attorney disciplined for serious fiduciary misconduct while acting as trustee and executor of her parents’ multi-million-dollar estate. Over a period of seven years, she misused her fiduciary authority, violated court orders, misrepresented her status to the probate court, and filed frivolous appeals to avoid removal. The Review Department ultimately disbarred her, finding egregious moral turpitude under Business & Professions Code §6106 and substantial harm to beneficiaries of the family trusts.

Key Facts

• Schooler’s parents left an estate exceeding $7 million, including a family beach house, Nevada real estate, and corporate holdings.
• After her mother’s death in 2004, Schooler, as trustee, failed to distribute assets, lived rent-free in the Del Mar beach house, and spent over $100,000 in trust funds on maintenance.
• She excluded her siblings from trust properties, defaulted on mortgages, and ignored offers to sell real estate totaling $2.75 million.
• The Superior Court removed her as trustee and executor in 2011, ordering her to cooperate with a successor fiduciary and pay sanctions.
• Schooler ignored those orders, continued to represent herself falsely as trustee, and deeded the beach house to herself and her sister after her removal.
• Her misconduct caused major financial losses and triggered civil judgments totaling $3.7 million for wrongful conversion.

Proceedings and Findings

• The Office of Chief Trial Counsel charged Schooler with moral turpitude (§6106), failure to obey laws (§6068(a)), and maintaining unjust actions (§6068(c)) by filing frivolous appeals.
• Her misconduct included misusing authority, concealing information, filing false documents, and defying court orders.
• She appealed her removal and filed multiple meritless appeals dismissed as frivolous and in subjective bad faith, resulting in appellate sanctions exceeding $38,000.
• The hearing judge found moral turpitude and recommended a two-year actual suspension pending rehabilitation.
• The Review Department, however, found disbarment warranted given the magnitude and duration of misconduct and the continuing risk of future violations.

Reasoning

• Even when not acting as an attorney, Schooler was bound by professional ethics; her misuse of fiduciary authority violated core duties of honesty and loyalty.
• She repeatedly misrepresented material facts to courts and others, violated multiple Probate Code fiduciary duties, and obstructed lawful administration of the trusts.
• Her claim that she relied on “advice of counsel” was rejected—such reliance is not a defense in discipline proceedings.
• The Review Department emphasized that prolonged dishonesty and misuse of authority in fiduciary roles demonstrate moral unfitness to practice law.

Aggravation and Mitigation

• Aggravation: multiple acts of misconduct, serious harm to beneficiaries, indifference to rectification, and failure to pay court sanctions.
• Mitigation: 17 years of prior discipline-free practice (limited weight), cooperation limited to easily proven facts, and no admission of culpability.

Final Disposition

The Review Department ordered disbarment under Standard 2.11, finding that lesser sanctions would not protect the public or restore confidence in the profession. Schooler was ordered enrolled inactive under §6007(c)(4), required to comply with Rule 9.20, and assessed costs under §6086.10. The disbarment was justified by the prolonged, intentional nature of her misconduct, substantial fiduciary breaches, and harm caused to her family’s estate.

Sanctions & Disposition Table

Notes: The Review Department found Schooler’s long-term dishonesty, self-dealing, and frivolous litigation warranted disbarment to protect the public and the integrity of the profession.

Tags