Former client files counterclaim against district attorney candidate

One of the contenders in the area's district attorney race is facing a new problem: a former client has filed a lawsuit of her own against him.

Shawn Clark filed to run for district attorney of the 25th prosecutorial district in mid-February, but he announced he would run months before that.

Clark is facing incumbent Jay Gaither in the Republican primary. The winner will face Democ-ratic challenger Jason Parker and Libertarian Timothy (T.J.) Rohr.

On Jan. 4, Timothy Turnmire filed an alienation of affection lawsuit against Clark, alleging Clark and one of his clients, Tiffany Turnmire — Timothy's wife — had an affair while Clark was her attorney.

Clark and his wife, Ashley, filed a lawsuit against Tiffany for libel, slander and intentional infliction of emotional distress. Clark maintains he never had an affair with Tiffany, and that Tiffany said she did to make her husband jealous.

In the counterclaim Tiffany filed on Monday, she maintains she did have an affair with Clark while she was his client in an abuse and child custody case.

Tiffany denied Clark's claims that the sworn affidavit she made in December 2009 was a lie. In the affidavit, Tiffany said the affair began in Clark's office in May 2009, and the sexual relationship lasted for three months. It also mentioned the non-sworn affidavit Clark and Tiffany created together, which stated they did not have an affair. She said it is this affidavit that is false, and that Clark made her write and sign.

Tiffany also maintains that the e-mails and text messages, which were included in the initial filing that Timothy Turnmire filed, are true, and not fabricated, as Clark stated in his lawsuit.

Tiffany said both "accurately depict the conversations between the parties and the specific nature of their inappropriate relationship during a time when the plaintiff David Shawn Clark acted as legal counsel."

She refuted Shawn and Ashley's claims of emotional distress they've experienced, and maintained it was the result of Clark having an "intimate sexual relationship" with a married client.

Tiffany goes on to ask the court to find Clark in violation of N.C. Bar ethics rules. According to the N.C. Bar, attorneys are not allowed to have sex with a current client, unless that relationship existed prior to the attorney representing the client.

She goes on to say that Clark filed the civil lawsuit against her for several reasons, but the first reason mentioned is to "deflect the negative media attention surrounding his adulterous affair" with her.

In her counterclaim against the Clarks, Tiffany said she thinks the Clarks' lawsuit is to salvage Shawn Clark's campaign for district attorney, and to gain advantage in the civil action Timothy Turnmire filed against the Clarks.

Tiffany said she's suffered emotional distress because of Clark disclosing private and confidential information, and is incurring significant legal fees defending herself. She's filed a claim for relief from malicious prosecution, and is asking for punitive damages.

She is also filing a claim for relief saying the Clarks have caused reckless infliction of emotional distress. Tiffany said Clark included confidential information in his lawsuit that he learned as her attorney. She said Clark also threatened her with losing her children if she didn't write the affidavit prepared by Clark that said there was no relationship between the two.

Tiffany filed another claim for relief citing negligent infliction of emotional distress for Clark breaching attorney-client confidentiality.

In addition, she filed two separate counts of libel: one against Shawn Clark, and a separate one against Ashley Clark, since both are named in the lawsuit against her.

Tiffany is asking for the court to dismiss the claim against her, without having to pay them any damages. She is asking for a jury trial, and at least $10,000 in damages.