This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
A New Mexico attorney failed to comply with trust account requirements over a two-year period. The attorney commingled earned fees with client funds, issued trust account checks for personal disbursements, and failed to maintain proper records, including client-specific ledgers and quarterly reconciliations. No allegations of conversion of client funds were made, but the attorney's actions violated professional conduct rules (paras 1-2, 5).
Procedural History
- [Not applicable or not found]
Parties' Submissions
- Disciplinary Board: Argued that the attorney violated trust account rules, including commingling funds, failing to maintain required records, and issuing improper disbursements. Recommended a two-year deferred suspension with probation and other conditions (paras 1, 7).
- Attorney (Pro Se): Did not contest the allegations and consented to the recommended discipline (para 1).
Legal Issues
- Did the attorney's failure to comply with trust account requirements warrant disciplinary action?
- What is the appropriate sanction for the attorney's misconduct?
Disposition
- The attorney was suspended from practicing law for two years, with the suspension deferred on conditions including probation, audits, and compliance with professional conduct rules (paras 6-8).
Reasons
Per curiam (Baca, Ransom, Franchini, Frost, and Minzner JJ.):
The Court emphasized the seriousness of trust account violations, noting that attorneys have an affirmative obligation to maintain compliance with recordkeeping and safekeeping rules. The attorney's actions, including commingling funds and failing to maintain proper records, placed his license at risk, even in the absence of client fund conversion. The Court approved the recommended discipline, which included a two-year deferred suspension with probation, audits, and other conditions. Successful compliance with these conditions would result in automatic reinstatement (paras 1-5, 7-8).