Richard S. Van Dyke

Where Others Draft, Van Dyke Law Defends.

Since 1998, Richard “Scott” Van Dyke has devoted his career exclusively to the litigation, trial, and appeal of contentious trust, probate, and estate disputes.

He does not draft wills or create trusts — he defends and corrects them once they are under fire. Where most estate lawyers build plans, Van Dyke litigates the aftermath when those plans collapse under the weight of undue influence, breach of fiduciary duty, or financial exploitation.

Focused Expertise

Mr. Van Dyke’s practice encompasses the full spectrum of high-stakes probate and trust litigation, including:

• Trust & Will Contests – lack of capacity, undue influence, fraud, and forgery.

• Fiduciary Duty & Accounting Disputes – surcharge actions, trustee removals, and petitions for instructions.

• Forensic Asset Recovery – tracing and reclaiming misappropriated estate or sub-trust assets.

• Elder Financial Abuse – prosecuting breaches of confidence, coercion, and exploitation under the EADACPA.

• Appellate Litigation – preserving and defending favorable rulings or correcting errors in the trial record.

• Contested Conservatorships & Protective Proceedings – defending autonomy and restoring control when incapacity or manipulation threatens family integrity.

His litigation style is distinguished by meticulous forensic preparation, an evidentiary command of complex financial records, and the strategic use of expert witness testimony to expose misconduct and restore equity.

The Forensic Advantage

A defining element of Mr. Van Dyke’s work is his mastery of forensic analysis and asset tracing. He has built a reputation for uncovering concealed transfers, self-dealing, and breaches of the Uniform Prudent Investor Act, often in cases abandoned by transactional counsel. By reconstructing the factual record and presenting it with precision, he has recovered substantial estates, corrected flawed accountings, and re-established the intent of deceased grantors.

Trial Discipline & Courtroom Presence

Mr. Van Dyke’s approach reflects the discipline of a career trial lawyer: every argument deliberated, every exhibit purposeful. Colleagues describe his courtroom manner as “surgical”, a combination of evidentiary precision and unshakable composure. He is rated AV Preeminent® by Martindale-Hubbell, recognized by Super Lawyers®, and maintains an Avvo “Excellent” rating, honors earned through peer evaluation of both skill and ethics. He has served as a Special Master for San Diego County, underscoring the judiciary’s confidence in his judgment and neutrality.

Professional Admissions & Credentials

• California Bar (1998) Active, No Disciplinary Record

• U.S. District Court, Southern & Central Districts of California

• U.S. Court of Appeals, Ninth Circuit

• J.D., Thomas Jefferson School of Law (1996) – Bancroft Whitney American Jurisprudence Award in Trusts (1995)

• B.S., Embry-Riddle Aeronautical University (1985)

Reputation Built on Precision

For more than 25 years, Van Dyke & Associates has remained a litigation-only boutique, a deliberate choice that allows the firm to devote its full focus to high-conflict trust and probate matters. By declining all estate-planning and transactional work, the practice maintains its agility in trial preparation, forensic accounting, and appellate advocacy.

Peers and clients alike regard Van Dyke as a strategist first and a litigator always, the attorney families call when legacy itself is on the line.

Referral and Collaboration

Van Dyke frequently works with fellow attorneys seeking trial or appellate support in complex fiduciary litigation. Referring counsel trusts his discretion, thoroughness, and ability to transform intricate fact patterns into compelling courtroom narratives that withstand scrutiny on appeal. His firm welcomes selective collaborations where precision, discretion, and results are paramount.

Van Dyke & Associates, APLC — Defending the Truth Behind the Trust.

Serving San Diego County and California Statewide