By David Yates
SAN ANTONIO - A State Bar of Texas disciplinary committee sued a San Antonio attorney alleging he was deceitful and dishonest in the guardianship of an incapacitated person, according to a press release.
The Commission for Lawyer Discipline filed the complaint in Bexar County’s 285th Judicial District alleging that when Attorney Philip Martin Ross represented Sybil Sims and her daughter Suzanne Sims Baker, he transferred Sims’ assets to himself through an irrevocable trust and also obtained $25,000 from her as assets for legal expenses.
“After Respondent [Ross] had been found by a Comal County court to lack authority to represent Sims because of her incapacity, Respondent executed a second trust instrument purporting to convey the assets of the first irrevocable trust into another, thereafter,” wrote Disciplinary Counsel Paul Homburg in the Original Disciplinary Petition.
The lawsuit further alleges that despite court orders, Ross continued to act as owner of the assets of the trust, including Sims’ homestead property from which he sought to evict Sims’ son, and which he purported to list for sale.
“Respondent took actions in the litigation regarding the Sims guardianship and property that were for his own benefit and adverse to the interest of Sims whom he claimed to represent,” Homburg stated in the pleading. “Respondent engaged in conduct involving deceit, dishonesty or misrepresentation.”
Sims was the widow of USAF Lt. Col. Harold "Hal" Sims Sr.
The complaints alleging professional misconduct, which initiated the disciplinary proceedings, were filed by Sims' adult children Harold Sims, Jr. and Cynthia Sims Kirkland. The Supreme Court of Texas has appointed Judge Robert Cadena of the 83rd Judicial District Court to preside over Ross’s disciplinary action. (Case #2019CI21028)
“Respondent [Ross] represented a person when the representation was adversely limited by the interests of the Respondent or another person to whom Respondent owed obligations,” Homburg wrote. “Respondent failed to comply with orders of the court regarding the property of Sybil Sims. Respondent engaged in conduct intended to unreasonably increase the burdens of litigation regarding Sybil Sims and her property.”
The lawsuit further states that Ross purported to represent the
interests of Sybil Sims at a time when she did not have the capacity to
execute contracts, deeds, or other similar documents.
As previously reported in the Southeast Texas Record, Ross was also sued by Tonya Barino last week for alleged defamation after he appeared in a Netflix series called Dirty Money, which featured the guardianship of Charlie Thrash, an elderly man who had some $3 million in assets.
“Phillip Ross is an attorney of incompetent and reckless
charlatan-esque repute,” wrote Barino who had been appointed guardian of
the estate for Thrash.
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