This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
An attorney, admitted to practice in New Mexico, engaged in professional misconduct involving the mismanagement and misappropriation of client funds. The attorney failed to pay medical providers and other third parties as agreed, commingled client funds, and used funds from one client to pay obligations of another. The attorney also failed to provide proper accountings to clients and converted estate funds for personal use (paras 2-27).
Procedural History
- [Not applicable or not found]
Parties' Submissions
- Disciplinary Board: Argued that the attorney violated multiple Rules of Professional Conduct, including commingling client funds, failing to notify third parties of funds received, engaging in deceitful conduct, and failing to surrender client property upon discharge (paras 11, 20, 27).
- Attorney (Respondent): Did not contest the allegations and consented to disbarment. Claimed a misunderstanding of his obligations regarding client funds and attempted to justify his actions as efforts to negotiate discounts or manage complex cases (paras 5, 16, 23-24).
Legal Issues
- Did the attorney violate the Rules of Professional Conduct by mismanaging and misappropriating client funds?
- Was disbarment the appropriate sanction for the attorney's misconduct?
Disposition
- The attorney was disbarred from the practice of law, effective July 30, 1997 (para 30).
- The attorney was ordered to make restitution to affected clients and third parties, reimburse the disciplinary board for costs, and meet specific conditions before applying for reinstatement (paras 30-31).
Reasons
Per Gene E. Franchini, Chief Justice, and the unanimous court:
The court found that the attorney's actions constituted serious violations of the Rules of Professional Conduct, including commingling client funds, failing to notify and pay third parties, engaging in deceitful conduct, and converting client funds for personal use. The attorney's trust account records were inconsistent and showed a pattern of mismanagement and misappropriation. The court emphasized that conversion of client funds is intolerable and warrants disbarment. The attorney's failure to maintain accurate records and provide accountings to clients was considered an aggravating factor. By consenting to disbarment, the attorney avoided a formal hearing, but the uncontested facts supported the sanction imposed (paras 11, 20, 27-30).