In Re Romero

2001 NMSC 008, 22 P.3d 215, 130 N.M. 190
CourtNew Mexico Supreme Court
DecidedMarch 15, 2001
Docket26,772
StatusPublished
Cited by2 cases

This text of 2001 NMSC 008 (In Re Romero) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Romero, 2001 NMSC 008, 22 P.3d 215, 130 N.M. 190 (N.M. 2001).

Opinion

OPINION

PER CURIAM.

{1} This matter came before the Court upon the recommendation of the disciplinary board to accept a conditional agreement not to contest and consent to discipline tendered by respondent, Annabelle M. Romero, pursuant to Rule 17-211 NMRA 2001 of the Rules Governing Discipline. Under that agreement, respondent declared her intention not to contest allegations that she violated Rules 16-101, 16-103, 16-104, 16 — 116(D), 16-302, 16-801(B), 16-803(D), 16-804(0,. 16-804(D), and 16-804(H) NMRA 2001 of the Rules of Professional Conduct. We adopt the disciplinary board’s recommendation and impose the indefinite suspension and conditions of reinstatement provided for in the agreement.

{2} The charges of professional misconduct arose from respondent’s abandonment of six clients and her failure to respond to three complaints filed with the disciplinary, board. The charges were deemed admitted pursuant- to Rules 17-309(0(2) and 17-310(C) NMRA 2001. A hearing committee of ; the disciplinary board convened a hearing at which the sole issue to be determined was the nature of the committee’s recommenda-” tion of discipline after consideration of any facts in aggravation or mitigation. Respon-. dent appeared at the hearing and indicated that she did not wish to contest the charges and that she would consent to discipline pursuant to Rule 17-211.

{3} According to the uncontested facts alleged in the specification of charges, respondent was retained to represent six different clients regarding their respective personal injury claims between 1994 and 1998. In her representation of three of those clients, respondent filed civil actions that were subsequently dismissed for failure to prosecute or respond to discovery requests. In her representation of the other three clients, there is no record of any civil action being filed.

{4} In each of these cases, respondent stopped communicating with her clients and failed to respond to requests for information. Despite repeated requests, respondent also failed to return her clients’ files. In some eases, respondent misrepresented to her clients or to their health care providers that their cases remained pending when, in fact, they already had been dismissed by the courts or never were filed within the period allowed under the statute of limitations.

{5} Respondent’s misconduct in these matters was brought to the attention of the disciplinary board in complaints filed by one of the clients, the daughter of one of the clients, and an attorney representing a doctor who provided health care to two of the other clients. The investigation of these complaints revealed similar misconduct in respondent’s representation of two of the other clients.

{6} Respondent acknowledged receipt of two of .the complaints and requested a brief extension of time in which to respond to them, which was granted by the office of disciplinary counsel. Nevertheless, respondent failed to provide any substantive response to any of the complaints filed against her. After receiving no response to its inquiries, the office of disciplinary counsel served respondent with the specification of charges by mailing a copy to her address of record in accordance with Rule 17-309(D). The office of disciplinary counsel also confirmed respondent’s mailing address in a telephone conversation with her and sent a second copy of the specification of charges to her in response to that conversation. Nevertheless, respondent failed to answer the charges. Accordingly, the office of disciplinary counsel filed a motion to deem the charges admitted, which was granted by the hearing committee after respondent failed to respond to the motion. Not until the date of the hearing on the hearing committee’s recommendation of discipline did respondent appear and indicate that she did not wish to contest the charges and would consent to discipline.

{7} Respondent’s abandonment of her clients violated numerous provisions of the Rules of Professional Conduct. Rule 16-101 requires a lawyer to provide competent representation to a client. Rule 16-103 requires a lawyer to act with reasonable diligence and promptness in representing a client. Rule 16-104 requires a lawyer to keep a client reasonably informed about the status of a matter, to promptly comply with reasonable requests for information, and to explain a matter to the extent reasonably necessary to permit the client to make an informed decision regarding the representation. Rule 16-116(D) requires a lawyer to take steps to the extent reasonably practicable to protect a client’s interests upon termination of representation. Rule 16-302 requires a lawyer to make reasonable efforts to expedite litigation consistent with the interests of the client.

{8} The common element in all of these rules is that lawyers are required to act reasonably. The terminology section of the Rules of Professional Conduct defines “reasonable” or “reasonably” when used in reference to a lawyer as “the conduct of a reasonably prudent and competent lawyer.” Accordingly, these rules establish an objective standard of conduct that is violated when relevant aspects of a lawyer’s behavior are negligent or unreasonable. See In re Houston, 1999-NMSC-032, ¶ 12, 127 N.M. 582, 985 P.2d 752. While an isolated instance of a failure to communicate, act diligently, or provide competent representation may not necessarily warrant the filing of formal charges of professional misconduct, a pattern of such behavior that is negligent or unreasonable “will not only constitute misconduct but will also result in the imposition of discipline.” In re Reif, 1996-NMSC-026, 121 N.M. 758, 762, 918 P.2d 344, 348. Respondent’s abandonment of no less than six of her clients makes this proceeding one of the “extreme cases” in which a lawyer’s pattern of neglect warrants the imposition of an indefinite period of suspension. See id.

{9} Suspension from the practice of law is an appropriate sanction when injury or potential injury results from a lawyer’s knowing failure to perform services for a client or from a pattern of neglect. See ABA Standards for Imposing Lawyer Sanctions § 4.42 (1992). We have applied this standard in other cases where a lawyer abandoned his or her clients and failed to cooperate with disciplinary authorities. See, e.g., In re Carlton, 2000-NMSC-001, ¶ 9, 128 N.M. 419, 993 P.2d 736; In re Lally, 1999-NMSC-003, ¶ 11, 126 N.M. 566, 973 P.2d 243; In re Canevaro, 1997-NMSC-033, ¶ 6, 123 N.M. 576, 943 P.2d 1029; In re Shepard, 115 N.M. 687, 689, 858 P.2d 63, 65 (1993). We conclude that such a sanction is appropriate in this case as well.

{10} In addition to respondent’s pattern of neglect, the uncontested facts indicate that she engaged in acts of dishonesty, fraud, deceit, or misrepresentation in violation of Rule 16-804(C), by giving a false account of the status of cases to some of her clients and their health care providers. “Dishonest conduct by lawyers will not be tolerated.” In re Hyde, 1997-NMSC-064, ¶ 19, 124 N.M. 363, 950 P.2d 806. “When an attorney is found to have engaged in acts of intentional dishonesty, there is a presumption that he or she is unfit for membership in the bar of this state.” In re Neundorf, 108 N.M. 653, 654, 777 P.2d 381, 382 (1989).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In Re Padilla
2020 NMSC 003 (New Mexico Supreme Court, 2019)
In the Matter of Stein
2008 NMSC 013 (New Mexico Supreme Court, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
2001 NMSC 008, 22 P.3d 215, 130 N.M. 190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-romero-nm-2001.