On Wednesday, September 21, 2022, the Wake County Superior Court ruled on the motion of the North Carolina State Bar to ensure that further entrusted trust funds are not mishandled in the future by Respondent Durham attorney Charles M. Kunz.
The Findings of Fact as stipulated in the Consent Order of Preliminary Injunction indicate among others:
“The State Bar has received information indicating Kunz mishandled entrusted funds.
Kunz desires to cooperate with the North Carolina State Bar.
A need for prompt action exists to ensure that further entrusted funds are not mishandled in the future.
Kunz stipulates to the Wake County Superior Court’s jurisdiction over his person, acknowledges the Court’s subject matter jurisdiction . . . and waives any right to challenge or appeal this order on jurisdictional grounds.”
The Wake County Superior Court, based upon the findings, and with the consent of The North Carolina State Bar and the Respondent, granted the motion.
The dispositive portion of the Consent Order of Preliminary Injunction reads in part:
“Kunz is enjoined from the following until permitted by subsequent orders of the Court: receiving or disbursing any entrusted funds . . . from or on behalf of clients; receiving or disbursing any funds from any individual or entity in any fiduciary capacity; writing checks against or otherwise disbursing or withdrawing funds from any account in which client or fiduciary funds have been deposited, including operating or personal accounts into which misappropriated or mishandled client or fiduciary funds were deposited; and/or directing any employee or agent to draw a check on or otherwise disburse or withdraw funds from any account in which client or fiduciary funds have been deposited, including operating or personal accounts into which misappropriated or mishandled client or fiduciary funds were deposited.”
Kunz is also ordered to immediately produce to the State bar the monthly and quarterly reconciliation reports for any and all trust accounts that he is required to produce and maintain. Kunz shall not serve in any fiduciary capacity, including trustee, escrow agent, settlement agent, personal representative, executor, or attorney-in-fact until further order of the Court.
The Consent Order of Preliminary Injunction remains in effect until further order of the Court.
Mr. Kunz is the managing attorney of his law firm, Kunz Law, PLLC. He attended North Carolina Central University School of Law, graduating with a Juris Doctor degree in 2016. He practices in Durham, North Carolina, and has been licensed in North Carolina. His info can be found on LinkedIn.
A copy of the original filing can be found here.
