WILMINGTON, NC (WWAY) — A preliminary injunction continues against a Wilmington attorney after questions arose about accounts used to handle client funds.
Back in October we reported that the North Carolina State Bar had temporarily suspended Mako. It has been brought to our attention that Mako was not suspended. Instead, the bar requested and a judge granted an order that Mako not be allowed to handle client funds until the matter was resolved.
According to the injunction, the Bar’s preliminary examination of Mako’s records indicated that Mako had “failed to comply with North Carolina Rules of Professional Conduct… regarding handling entrusted funds and trust account management.”
On October 4, a judge entered a temporary restraining order (TRO) enjoining Mako from handling entrusted funds. The TRO was extended by subsequent orders of the court October 15 and again October 19. According to the Wake County Clerk of Court and the NC State Bar, the preliminary injunction, signed by Mako October 26 and entered October 29, remains in effect against Mako.
According to the injunction, the court found “Mako should be enjoined from accepting any further funds from or on behalf of clients or other individuals in a fiduciary capacity, from writing checks against or withdrawing funds from any account in which client or fiduciary funds have been deposited, and from directing any employee or agent to write a check against or withdraw funds from any account in which client or fiduciary funds have been deposited, unless and until expressly permitted by subsequent order of the Court.”
Also according to the injunction, the court ordered “Mako is enjoined from accepting any further funds from clients or third parties in a fiduciary capacity, from withdrawing any funds from and/or writing any checks against any account in which client or fiduciary funds have been deposited, and from directing any employee or agent to withdraw funds from and/or write a check against any account in which client or fiduciary funds have been deposited until permitted by subsequent order of the Court.”
The court also ordered “Mako is hereby enjoined from serving in any fiduciary capacity, including attorney-in-fact, escrow agent trustee, executor, or personal representative, until further order of this Court.”
The injunction does allow Mako or her staff to transfer money from an account in question to another attorney so he may handle it for her clients.