Friday, February 19, 2010

Former AUSA Answers Bar Complaint

We recently reported that the North Carolina State Bar had filed a complaint alleging that a former Assistant United States attorney had practiced while suspended. The attorney recently filed an answer to the complaint that admits the allegations and contends that he "was deeply despondent and profoundly depressed" during the time set forth in the complaint. Further:

Defendant was aware that he was allowing his relationship with the North Carolina State Bar to deteriorate but he avoided the issue and could not bring himself to even open letters from the State Bar or take measures which could easily have preserved his license to practice in North Carolina. Defendant taught CLE courses as a federal prosecutor and taught seminars which easily could have provided most of the CLE requirements that were necessary to enable him to keep his license current; but, he was too despondent to make the bar aware of his work.

The answer alleges that he treated his depression with alcohol and "as a consequence" made false certifications to the Bar, that he was truthful in a deposition conducted by OPR and lost his marriage as a result. Further, he is now remarried and in treatment such that a recurrence is unlikely.

The attorney is represented by prominent lawyer Wade Smith in the bar matter. (Mike Frisch)

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The NC Bar has a history of allowing such actions to be overlooked if they will file for "Disability" status, and a year later apply to have their license reinstated. This has happened repeatedly in the past. They even refuse to hold hearings in regard to the wrongful actions of their practing while license are suspended, even when a request is made again when the injured party learns of the hearing for reinstatement. In fact they moved the hearing date for reinstatement up, with the attorney being reinstated. NC Bar takes little or no actions unless a lot of money or drugs are involved. They fail to make the public aware of their actions in the location where the suspended party practices law, but instead run it in the paper in Raleigh. They notify the Superior Court Judge, yet he and his office fail to let the injured party know, even when cases are being heard before him, just as the Clerk of Court fails to advise the party being represented when she knows of the suspension. Something needs to be done to change their actions, too many people are hurt by their lack of action.

Posted by: H.E.DAVIS | Feb 20, 2010 6:44:28 AM

Funny you should state that things should change. I have a feeling that things are about to. Check out the blog:

Posted by: K.C. Johnson | Mar 11, 2010 3:31:39 PM

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