Huntington Beach, California Attorney, Mark W. Bidwell

Some aspect of trust law has been in existence since the misty times of Old English Common Law. Historically trusts were used sparingly, mostly for the rich. But modern trust law received a real boost from Norman F. Dacey who wrote in 1965 a self-help book "How to Avoid Probate!"The book included sample trust forms and instructions for readers to use.

Mr. Dacey viewed the probate court system as a scam by attorneys, appraisers, judges, state legislators and newspapers to separate the common, working American from his hard earned assets. Dacey advocated trusts as a way to avoid probate court. Mr. Dacey’s cynical views were most likely justified when the New York County Lawyers Association sued him for the unauthorized practice of law.

Mr Dacey eventually won in 1967 when the New York Court of Appeals stopped the efforts of New York lawyers to ban Dacey’ s book. The Court held publication and distribution of self-help law materials with forms and instructions to complete the forms was constitutionally protected free speech under the First Amendment and not the unauthorized practice of law.

With that win under his belt, Mr. Dacey took on the Florida Bar Association. His book was unfavorably reviewed in an issue of the Florida Bar Journal. Dacey brought action for libel in the United States District Court against the author of the review and the Bar. But his action eventually failed.

Mr. Dacey did obtain a $60,000 judgment for libel against the Connecticut Bar Association in a State Court of Connecticut. Dacey’s tenacity and vitriol became apparent. The Bar Association appealed to the Supreme Court of Connecticut. All justices of this Court were members of the Bar Association. Dacey demanded each justice remove himself from the case due to a conflict of interest as each justice was a member of the Connecticut Bar Association. The Supreme Court justices declined as their court was the only court authorized to hear the case.

Dacey then lodged a formal complaint with the United States Attorney for Connecticut. Mr. Dacey’s reason was the Connecticut supreme Court judges were conspiring to violate his Federally granted civil rights. The United States Attorney for Connecticut declined to take action, and eventually the Supreme Court of Connecticut reversed the libel judgment.

Dacey next filed an action against the United States Attorney for his alleged failure to carry out his duties to protect Dacey’s Federally granted civil rights against the State of Connecticut. That case was dismissed.

Norman F. Dacey made one thing clear, he was a hostile force against attorneys and the probate court and was not going away. He paved the way for trusts to be the most commonly used method to transfer wealth from one generation to the next generation at minimum cost, at minimum effort and in the most expedient manner.

Mark W. Bidwell, Attorney at Law and CPA, Inactive. Office is located n the City of Huntington Beach, County of Orange, California.

Telephone number: 714-846-2888

Email address: Attorney@BidwellLaw.com

Law firm of Mark W. Bidwell, A Law Corporation