Lawyer files civil suit against lawyer alleging fraud in law firm partnership

Dec. 7—WILKES-BARRE — An attorney filed a civil lawsuit against another attorney alleging mistrust and fraud during their nine month partnership in the law firm, Mack-Muckler Associates.

Attorney Matthew T. Muckler, through Rossen, Jenkins and Greenwald, L.L.P., filed the suit in Luzerne County Court this week seeking a court appointment to dissolve the partnership he entered with Attorney Mark M. Mack in April 2022.

A message left at Mack's law office in Kingston was not returned Thursday afternoon.

According to the suit, Muckler claims Mack approached him in July 2021 with an employment offer to work at Mack Law.

After Muckler accepted the offer, the suit alleges Mack and Muckler began talking about forming a partnership.

The partnership was formed in April 2022, with Muckler owning 10 percent and Mack owning 90 percent of the partnership with the intention that Muckler would eventually acquire 100 percent of the partnership when Mack retires, estimated to be in the summer of 2024.

Shortly after the partnership was formed, the suit alleges Muckler began noticing issues within the office to include persistent surveillance and micromanagement of partnership employees, mismanagement of payroll and marketing, and the lack or denial of training.

The suit claims Mack consistently mismanaged partnership finances, mingled in client funds and failed to establish a lawyers' trust account, known as an IOLTA.

Mack, as the suit alleges, was aggressive and volatile toward partnership staff including name calling, harassment and berating staff regularly that resulted in a high turnover employee rate.

In December 2022, the suit claims Muckler approached Mack with an offer to purchase the partnership outright or sell his interest in the partnership to Mack.

Muckler eventually left Mack-Muckler Associates and started his own firm, Muckler Law.

The suit alleges Mack refused to sign an agreement of sale that would dissolve Mack-Muckler Associates.

Muckler in the suit alleges breach of contract, promissory estoppel in an attempt to recover funds, unjust enrichment, fraudulent misrepresentation and inducement and breach of fiduciary duty. The suit is seeking the court to appont a custodian to dissolve Mack-Muckler Associates with funds placed in a constructive trust.

Muckler claimed in the suit he took out a home equity loan to purchase his interest in the partnership with Mack.