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Mackey's handling of legal case questioned 11:28 AM 
11:28 AM EST on Thursday, December 20, 2007
FORT MILL, S.C. -- There are new ethical questions about the man elected to be Mecklenburg County's next sheriff.
A Fort Mill man says he paid Nick Mackey money to represent him and had to fire him when he didn't do the job.
Keith Ware says he's concerned about Mackey's ethics as he prepares to take over as Mecklenburg County's sheriff. It started when he and his wife were building a new home that was almost exactly what they wanted – with just a few problems.
When they had to fight the builder, they hired Nick Mackey to represent them.
“He seemed very professional off that initial visit,” Ware said.
He and his wife paid Mackey’s $2,500 retainer fee, and say they soon wished they hadn’t.
“Every time we got back with him we had to refresh his memory on our situation,” Ware said.
Ware says in the 11 months Mackey had what was supposed to be an open and shut case he did almost nothing – and the proof came when the attorney for the other side called.
“They informed us they had not heard from our attorney,” Ware said. “They didn't know of any impending legal action.”
Ware says as far as he knew, Mackey had been in touch with the other attorney.
“I've got emails we sent back and forth to Mr.Mackey where he claims he had a lengthy conversation with the lead attorney of our builder,” he said.
But in truth, according to Ware, he had not.
That’s when Ware says he confronted Mackey looking for proof he had done some work on the case. He asked for billing statements.
“He could not produce that statement. He got irate, told me to get out of his office,” he said.
Ware contacted the state and local bar associations, says he went to mediation with Mackey where he says a mediation lawyer thought the sheriff elect should refund them some of their retainer. Mackey wouldn't agree to that, so the case went to arbitration, and has been stuck there for more than a year.
Ware tells us that the county bar has tried to get in touch with him several times.
He says as soon as he and his wife hired another lawyer, their case was settled within an hour.
We tried to reach Nick Mackey for comment on this story, but he did not return our calls.
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