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, was accused of professional misconduct, including misrepresentation during disciplinary proceedings, failure to communicate with clients, misuse of client funds, and neglecting legal responsibilities. The attorney failed to pay an expert witness, did not preserve a client’s claim under the Tort Claims Act, and became unresponsive to both clients and disciplinary authorities (paras 2-4, 6).
Procedural History
- In re Steere, 110 N.M. 405, 796 P.2d 1101 (1990): The attorney was publicly censured for violating Rules 16-804(D) and (H) and the matter was remanded for further proceedings regarding allegations of misleading testimony during the initial hearing (para 2).
Parties' Submissions
- Disciplinary Board: Argued that the attorney committed multiple violations of the Rules of Professional Conduct, including misrepresentation, neglect of client matters, and failure to cooperate with disciplinary authorities. Recommended disbarment (paras 1, 8-9).
- Respondent (Attorney): Claimed to have been traumatized by the original proceedings, admitted negligence in responding to disciplinary authorities, and alleged unfair treatment. Requested a remand to present additional evidence (paras 11).
Legal Issues
- Did the attorney violate the Rules of Professional Conduct through misrepresentation, neglect of client matters, and failure to cooperate with disciplinary authorities?
- What is the appropriate disciplinary action for the attorney’s misconduct?
Disposition
- The attorney was suspended from the practice of law for an indefinite period of time (para 14).
- Conditions for reinstatement were imposed, including psychiatric evaluation, passing the Multistate Professional Responsibility Examination, and payment of costs (paras 15, 19).
Reasons
Per curiam (Sosa CJ, Ransom, Montgomery, and Franchini JJ. concurring):
The court found that the attorney committed multiple violations of the Rules of Professional Conduct, including misrepresentation, neglect of client matters, and failure to cooperate with disciplinary authorities (paras 1, 7-8). The attorney’s failure to appear at hearings and lack of communication with clients and disciplinary authorities demonstrated a disregard for professional responsibilities (paras 6-7). The court rejected the attorney’s request for a remand, emphasizing that he had been afforded due process and that further delays would undermine the integrity of the disciplinary process (para 12). The court determined that indefinite suspension, with conditions for reinstatement, was the appropriate sanction to protect the public and uphold the integrity of the legal profession (paras 13-15).