Missouri Supreme Court Disbars Attorney Brian Todd Goldstein for Client Fund Mishandling

On Friday, January 23, 2026, the Supreme Court of Missouri disbarred attorney Brian Todd Goldstein following allegations that he mishandled client funds and engaged in dishonest conduct. The court’s decision, delivered en banc, stems from an original disciplinary proceeding brought forth by the Office of Chief Disciplinary Counsel (OCDC).

The case is entitled “In the Matter of Brian Todd Goldstein,” with case no. SC101182.

The OCDC charged Goldstein with violating Rules 4-1.15(a) and 4-8.4(c) of the Missouri Rules of Professional Conduct, which concern the safekeeping of client property and engaging in dishonest, fraudulent, or deceitful behavior. After a de novo review of the evidence, the Supreme Court found that Goldstein had indeed committed these violations.

The case originated from Goldstein’s employment as a non-equity partner in the Kansas City office of the law firm Cummings, McClorey, Davis & Acho (“CMDA”) starting in 2014. While at CMDA, Goldstein began taking on clients without informing the firm, yet he utilized CMDA’s resources, including its associate attorneys, to work on these cases. He prepared retainer agreements on CMDA letterhead, stating that his firm would hold funds in a lawyer trust account. However, he invoiced clients on CMDA letterhead and requested that payments be made directly to him.

Further investigation revealed that Goldstein created files with fake client numbers and directed CMDA’s associate attorneys to bill their time to his individual practice management number. He also circumvented conflict checks and instructed support staff to conduct incomplete checks, preventing the Michigan office from creating client files.

In 2023, CMDA began investigating Goldstein and discovered that he had taken a significant amount of client money without the firm’s knowledge. He received client payments via check, cash, money order, and credit card. Instead of depositing the money into a trust account as stated in the retainer agreements, Goldstein kept client checks in a safe in his basement until the funds were earned, then deposited them into his personal account. He also acquired equipment and software to receive client payments directly.

CMDA terminated Goldstein’s employment after their investigation revealed his misconduct. Goldstein signed an agreement requiring full disclosure of all diverted funds and provided a list totaling $105,500, which he later claimed was incomplete due to his lack of access to his files. Further investigation uncovered that Goldstein had misappropriated over $585,000 in connection with more than 100 clients. Although he disputed this amount, Goldstein agreed to pay CMDA $341,790 to settle the matter.

Despite settling with CMDA, Goldstein did not acknowledge any wrongdoing. He stated to the OCDC that his behavior was open and obvious and that he was financially justified in his actions. Following a hearing, the disciplinary panel recommended disbarment, a recommendation with which the OCDC concurred.

In its analysis, the Supreme Court emphasized that Goldstein violated Rule 4-1.15(a) by requiring clients to sign retainer agreements representing that CMDA would hold their funds in a trust account, while he instead kept checks in his basement and deposited them into his personal account. The court also found that he violated Rule 4-8.4(c) by misrepresenting to clients that they would be represented by CMDA and that their funds would be held in a trust account.

The court weighed aggravating and mitigating factors, noting that Goldstein had a dishonest motive, engaged in a pattern of misconduct, committed multiple offenses, and refused to acknowledge the wrongful nature of his conduct. Mitigating factors included his lack of prior disciplinary record, his payment to the firm as restitution, and evidence of good character and reputation. Ultimately, the court determined that the aggravating factors outweighed the mitigating factors, justifying disbarment.

The Disposition states:

“Because the baseline discipline is disbarment and the mitigating factors provide no basis for a downward departure in light of the more compelling aggravating factors, this Court orders Goldstein disbarred.”

According to Avvo.com, Mr. Goldstein was an insurance attorney in Kansas City, Missouri. He attended the University of Kansas School of Law, graduating in 1998. He acquired his law license in Missouri in the same year. 

A copy of the original filing can be found here.