The North Carolina State Bar has filed an unusual complaint alleging misconduct on the part of five members of a Durham law firm.
The investigation began in March 2015 with a random audit of the most junior of the charged attorney's trust account records. The audit revealed a number of issues that led the State Bar to direct that the attorney take "appropriate corrective action."
When the attorney failed to respond and demonstrate corrective action, a grievance file was opened. Responses were then filed by the attorney.
The attorney met with a State deputy counsel and investigator and promised to provide a three-way reconciliation of the trust account. She allegedly failed to follow through.
While the above inquiry was unfolding, a second firm attorney had a trust account overdraft and failed to demonstrate trust record compliance in responding to the State Bar.
The State Bar issued a subpoena to four partners of the firm (all charged here) in March 2017. The records received in response appeared to be doctored.
All five charged attorney were directed to respond to the State Bar's continuing concerns.
Two of the attorneys are alleged to have engaged in record-keeping violations.
All are charged with diverse misrepresentations in their written responses to the State Bar explaining the earlier responses. (Mike Frisch)