| ► Attorney Barry Kempson of Asheville, NC; ethical misfit |
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Attorney Barry Kempson of Asheville, NC; ethical misfit The state of North Carolina presented Barry B. Kempson with a law license in 1974.
The Grievance Committee of the North Carolina State Bar charged Barry with the following misconduct
In one matter, Barry represented Mrs. D., an elderly client with dementia pursuant to a power of attorney that Barry prepared.
As attorney-in-fact, Barry was responsible for managing Mrs. D’s personal checking account, money market account and brokerage account and for payments of her living expenses from those accounts.
Over a two-year period of time, Barry delegated to S.C., his non-lawyer assistant, responsibility for maintaining the checkbook, bank statements, and other documentation relating to Mrs. D’s accounts. S.C. was also responsible for periodically reconciling the checking account balance with the checkbook balance. Barry did not personally conduct any of the periodic reconciliations.
During the time S.C. oversaw Ms. D’s accounts, she was able to embezzle substantial sums. Due to his gross negligence, Barry never discovered the embezzlements on his own.
All that’s left now is for the North Carolina Supreme Court to determine the punishment that Barry will receive for his egregious misconduct
As we speak (ca. March 2013) Barry continues to practice in the Asheville, North Carolina area.
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