Power Of Attorney

The North Carolina State Bar has filed a complaint alleging misconduct in two criminal defense matters.

In one matter, the attorney represented an incarcerated defendant facing multiple charges. It is alleged that the attorney obtained a durable power of attorney from the client and had it improperly notarized outside the client’s presence. The State Bar contends that the power of attorney created a conflict of interest.

It is also alleged that the attorney misrepresented that the client’s wife was his “assistant” to allow her to “participate in an after-hours meeting with [the client] in the attorney visitation area.”

In a second matter, it is alleged that the attorney used improper means (and false documents) to depose witnesses in two criminal cases without legal basis to do so. (Mike Frisch)