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 was accused of charging an excessive fee for legal representation in a criminal case and falsely claiming credit for the dismissal of charges. Additionally, the attorney forged a physician's signature on a certificate submitted as part of a bar application in another state. The attorney failed to comply with disciplinary orders, including restitution, psychological evaluation, and therapy recommendations (paras 2-3, 9-10).
Procedural History
- Discipline Committee, 1985: The attorney was formally reprimanded for incidents involving physical and verbal abuse during legal proceedings (para 24).
Parties' Submissions
- Disciplinary Board: Argued that the attorney engaged in dishonest conduct, including charging an unreasonable fee, making false statements during disciplinary proceedings, and forging a signature on a bar application. Recommended indefinite suspension, restitution, and compliance with psychological and neurological evaluations (paras 5, 11-13).
- Respondent (Attorney): Denied wrongdoing, maintained that the fee was earned, and claimed responsibility for the dismissal of charges. Admitted to forging the physician's signature but did not comply with agreed conditions for mitigation (paras 4, 8, 10).
Legal Issues
- Did the attorney engage in dishonest conduct, including charging an excessive fee and making false statements during disciplinary proceedings?
- Was the attorney's forgery of a physician's signature on a bar application a violation of professional conduct rules?
- What is the appropriate disciplinary action for the attorney's misconduct?
Disposition
- The attorney was indefinitely suspended from practicing law in New Mexico, effective December 23, 1992 (para 17).
- The attorney was ordered to make restitution of $7,500 to the client (para 18).
- The attorney was required to complete the multi-state ethics examination and comply with psychological and neurological evaluations (paras 19-20).
- Costs of $4,476.31 were assessed against the attorney, with interest for late payment (para 21).
- Reinstatement was conditioned on compliance with all terms of the order (para 22).
Reasons
Per Curiam (Ransom, Baca, Montgomery, Franchini, and Frost JJ.):
The Court found that the attorney engaged in intentional dishonesty, including charging an unearned fee, making false statements during disciplinary proceedings, and forging a physician's signature on a bar application. These actions violated multiple professional conduct rules, including those prohibiting dishonesty, fraud, and conduct prejudicial to the administration of justice (paras 5, 11, 15-16). The Court emphasized that intentional dishonesty by an attorney is intolerable and strongly indicates unfitness for bar membership. The recommended sanctions, including indefinite suspension, restitution, and compliance with psychological and neurological evaluations, were deemed appropriate to address the severity of the misconduct and protect the public (paras 15-16).