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 in two separate matters. In one instance, while representing a receivership, the attorney violated professional conduct rules. In another, involving a personal real estate transaction, the attorney improperly retained funds mistakenly given to him, refused to rectify the error, and only made restitution after facing potential criminal prosecution (paras 2-9).
Procedural History
- Discipline Committee, September 1989: The attorney agreed to make restitution to avoid criminal prosecution (para 8).
Parties' Submissions
- Disciplinary Board: Argued that the attorney violated multiple rules of professional conduct and sought disciplinary measures (paras 1-3).
- Attorney (pro se): Admitted to the violations but contended that his actions were influenced by a dispute with a bank and that he did not intend to harm the parties involved (paras 9-10).
Legal Issues
- Did the attorney's conduct in the personal real estate transaction violate the Rules of Professional Conduct?
- Should the attorney face disciplinary action for his professional misconduct in both matters?
Disposition
- The attorney was suspended from practicing law for one year, with the suspension deferred under specific conditions (para 12).
- A formal reprimand was issued for the misconduct in the receivership matter (para 13).
- The attorney was ordered to pay restitution, interest, legal fees, and costs (paras 12-14).
Reasons
Per Curiam:
The court found that the attorney's conduct in the personal real estate transaction violated Rules 16-804(C), (D), and (H) by improperly retaining funds and refusing to rectify the error, which cast doubt on his fitness to practice law. The court emphasized that professional standards apply to attorneys in both personal and professional capacities (paras 10-11).
The attorney's lack of prior disciplinary record and eventual restitution were considered mitigating factors. However, the court imposed a one-year deferred suspension with conditions, including probation, passing the Multistate Professional Responsibility Examination, and payment of restitution, interest, and legal fees. A formal reprimand was also issued for the misconduct in the receivership matter (paras 11-14).