North Carolina Workers’ Comp Attorney Disbarred After Keeping Settlement Money, Tax Issues
A North Carolina workers’ compensation claimants’ attorney has agreed to close his practice after he was disbarred for settling a claim against his client’s wishes, then billing her for expenses.
Bright Lindler, a Rockingham comp and personal injury lawyer since 1987, also failed to pay more than $1 million in income and employment taxes, the state Bar said in its Dec. 3 disbarment order.
“Defendant has admitted that the material facts and allegations upon which the State Bar’s complaint, incorporated herein by reference, is predicated, are true,” reads the order, signed by Donald Prentiss, chair of the Bar’s disciplinary hearing commission. “The chair finds that the misconduct alleged in the complaint has been established.”
The order explained that in 2008, Lindler represented an injured worker and negotiated a settlement with the employer for $2,500. The worker, unnamed in the disciplinary proceedings, at first agreed, then decided against the settlement.
Nonetheless, Lindler signed off on a settlement agreement and submitted it to the state’s Industrial Commission. The commission awarded Lindler $625 in attorney fees, deducted from the settlement. The lawyer did not inform his client of the payout, and kept the money, the Bar said.
Then he sent her a letter, saying the claimant owed $2,553 in expenses to Lindler’s office.
The client found out about the settlement only after she contacted the Industrial Commission. She then wrote a letter to the agency, detailing Lindler’s actions.
Meanwhile, Lindler had failed to pay income taxes for 2009 through 2014, and the Internal Revenue Service filed liens against him for just over $1 million. The state Department of Revenue also placed liens on Lindler’s property, for more than $90,000.
“By willfully failing to pay to the IRS the funds he was required to withhold from the paychecks of his law firm’s employees … defendant committed criminal acts that reflect adversely on his honesty, trustworthiness and fitness and a lawyer,” in violation of conduct rules, the Bar’s disciplinary order reads.
Lindler has until early February to wind down his practice.