Estate planning lawyer resigns rather than face discipline

A Texas estate planning lawyer who engaged in muliple acts of bad conduct has recently decided to resign rather than face discipline.

Here is the report from Disciplinary Actions, Tex. B.J., Oct. 2010, at 778:

On Sept. 3, the Supreme Court of Texas accepted the resignation, in lieu of discipline, of Hal Rachal, Jr. [#16449000], 69, of Dallas. Rachal prepared a will and trust, naming himself the sole executor and sole trustee, and received appointments as such after the death of the testatrix. Rachal misappropriated funds from the trust. Rachal failed to keep funds belonging to the trust separate from his own property and breached his fiduciary duty. Rachal neglected his duty as executor of the estate.

After Rachal received notice of a hearing on a motion for temporary restraining order against him, he withdrew funds from an account belonging to the trust that was expressly identified in the motion. After the TRO was granted, but before the bank was served with the TRO, Rachal withdrew funds from an account that was to be frozen.

Rachal violated Rules 1.01(b)(1); 1.14(a), (b), and (c); 3.04(d); and 8.04(a)(1) and (a)(3).