This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
The case involves disciplinary proceedings against an attorney licensed in New Mexico who was found to have committed multiple violations of the Rules of Professional Conduct. Complaints were filed by several clients alleging inadequate representation, failure to communicate, lack of diligence, and failure to provide accountings or refunds of retainers. The attorney attributed his misconduct to personal issues, including caring for his ailing mother and a bipolar disorder diagnosis (paras 2-4, 7-8).
Procedural History
- Discipline Committee, December 2, 1998: Formal charges were filed against the attorney, and the allegations were deemed admitted after the attorney failed to respond (para 6).
Parties' Submissions
- Disciplinary Counsel: Argued that the attorney's conduct violated multiple provisions of the Rules of Professional Conduct, including failure to provide competent representation, failure to communicate, and failure to cooperate with the disciplinary process. Recommended indefinite suspension with conditions for reinstatement (paras 1, 13-14).
- Respondent (Attorney): Acknowledged the misconduct and attributed it to his bipolar disorder, arguing that the condition should be considered a mitigating factor. Requested a probated suspension instead of indefinite suspension (paras 7, 10).
Legal Issues
- Whether the attorney's bipolar disorder constitutes a mitigating factor sufficient to reduce the disciplinary sanction.
- What is the appropriate disciplinary action for the attorney's violations of the Rules of Professional Conduct?
Disposition
- The attorney was indefinitely suspended from the practice of law, with conditions imposed for potential reinstatement (paras 1, 14-15).
Reasons
Per Pamela B. Minzner, Chief Justice (with Baca, Franchini, Serna, and Maes JJ. concurring):
The Court found that the attorney's conduct violated numerous provisions of the Rules of Professional Conduct, including failure to provide competent representation, failure to communicate with clients, and failure to cooperate with the disciplinary process (para 13). While the attorney's bipolar disorder was acknowledged as a mitigating factor, the Court held that insufficient evidence was presented to demonstrate a meaningful and sustained period of rehabilitation or that the condition was under control to prevent recurrence of misconduct (paras 11-12). The Court agreed with the disciplinary board's recommendation for indefinite suspension, emphasizing the seriousness of the violations and the need to protect the public and the integrity of the legal profession (paras 14-15). Conditions for reinstatement were outlined, including passing the Multistate Professional Responsibility Examination, reimbursing clients, and demonstrating fitness to practice law (paras 16-17).