Matter of Tapia

799 P.2d 129, 110 N.M. 693
CourtNew Mexico Supreme Court
DecidedOctober 10, 1990
Docket18414
StatusPublished
Cited by9 cases

This text of 799 P.2d 129 (Matter of Tapia) 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
Matter of Tapia, 799 P.2d 129, 110 N.M. 693 (N.M. 1990).

Opinion

OPINION

PER CURIAM.

This matter is before the Court following disciplinary proceedings conducted pursuant to the Rules Governing Discipline, SCRA 1986, 17-101 through 17-316 (Repl. Pamp.1988 & Cum.Supp.1990), wherein the Disciplinary Board recommended that attorney Joseph M. Tapia, Jr., be disbarred for acts of misconduct committed in violation of the Rules of Professional Conduct, SCRA 1986, 16-101 through 16-805 (Repl. Pamp.1988 & Cum.Supp.1990). Additionally, in connection with an unrelated suspension from the practice of law, the Court has considered Tapia’s petition for reinstatement to practice on probationary status filed pursuant to Rule 17-214(B)(2). We deny Tapia’s request for probationary reinstatement and adopt the findings and conclusions of the Disciplinary Board. For reasons set forth below, we modify the Board’s recommendation of disbarment and extend Tapia’s indefinite suspension from the practice of law for an additional minimum period of at least one (1) year pursuant to Rule 17-206(A)(3).

On July 12, 1989, this Court entered an order suspending Tapia from the practice of law for an indefinite period of at least two (2) years pursuant to Rule 17-206(A)(3), effective July 22, 1989, but deferred the imposition of all but one (1) year of actual suspension. See Matter of Tapia, 108 N.M. 650, 777 P.2d 378 (1989). We ordered that Tapia could be reinstated to practice on a probationary status as of July 22, 1990, provided he could show that he had made restitution to the mother of a client and had taken and passed the Multistate Professional Responsibility Examination. It was further ordered that, upon a showing by an attorney appointed to inventory Tapia’s files pursuant to Rule 17-213(A) that any of Tapia’s clients were entitled to refunds of fees paid in advance, the Court could order the payment of these amounts to the clients as an additional precondition to his reinstatement on a probationary status. On December 7, 1989, Tapia was ordered to reimburse various clients in the aggregate amount of $30,-084.30 plus interest on any amounts not paid within ten (10) days of our order.

While Tapia has been shown to be in compliance with the provisions of the 1989 order, it now appears that, following his suspension from the practice of law, many of his former clients filed complaints with the office of disciplinary counsel alleging acts by Tapia which appeared to violate the Rules of Professional Conduct. Tapia was notified of these complaints but failed to respond in any way to disciplinary counsel’s requests for information. Pursuant to the requirement of Rule 17-307(B), that all doubts regarding allegations of attorney misconduct shall be resolved in favor of conducting a formal hearing, additional charges of misconduct were filed against Tapia on September 8, 1989. Tapia was served with the charges on September 15, and his answer was due on October 5,1989.

On October 5, an attorney entered his limited appearance on Tapia’s behalf solely to challenge the qualifications of two of the hearing committee members pursuant to Rule 17-309(C)(5). The motion to disqualify was properly denied by the committee on October 17, 1989, and notice of the denial sent to both Tapia and his attorney; both were advised that Tapia’s time to answer the specification of charges would be extended to October 27, 1989. No answer or denial of the charges was ever filed, and the charges were deemed admitted pursuant to the provisions of Rule 17-310(C). The hearing .was limited to a consideration of factors in aggravation and mitigation of the misconduct.

The acts of misconduct with which Tapia is charged in this case appear to be similar to the acts of neglect and failure to communicate with clients which led to his current suspension. In one instance, Tapia is charged with accepting $2,500 from Frances Trujillo in February 1989 to represent her son in criminal proceedings, and with failing to contact his client or to take any discernible action on his client’s behalf. When he was suspended from practice, it is purported that Tapia failed to notify his client or to provide an accounting and refund of the unearned portion of the fee. Such conduct would violate Rules 16-101, 16-103, 16-104(A), 16-104(B), 16-105, 16-116(A)(1), 16-116(D), 16-804(D), and 16-804(H).

In another instance, Tapia is charged with having been paid $4,000 to represent Mark Coriz in a criminal matter and with having provided no services whatsoever. Additionally, it is charged that he misinformed his client that a scheduled hearing had been cancelled. When Coriz relied upon this information and failed to appear, a warrant was issued for his arrest. When Coriz was released from jail, he discharged Tapia as his attorney and was promised a partial refund; the refund was not paid, however. Tapia’s behavior in this case would violate Rules 16-101, 16-103, 16-104(A), 16-105, 16-116(D), 16-804(C), 16-804(D) and 16-804(H).

In a third matter, it is charged that Tapia was to have prepared a will for Lilly Archuleta but failed to do so. When Ms. Archuleta died in December 1988, her sister Nellie Avila is purported to have contacted Tapia and to have been advised that he needed $2,500 to “finish the papers.” Upon receiving the money from Avila, Tapia is charged with suggesting to her that she should forge her sister’s name on the unexecuted will. Avila did not do so. Through counsel representing him before this Court Tapia categorically denies having suggested forgery, and admits that disbarment would be the only appropriate sanction for such dishonest conduct, if true. It is also charged that Tapia took no action with regard to the probate and avoided Avila’s calls, that he never advised Avila of his suspension, did not forward the probate file to her, and refunded none of the $2,500. Tapia thus would have committed violations of Rules 16-101, 16-102(D), 16-103, 16-104(A), 16-105, 16-116(D), 16-804(D) and 16-804(H).

Finally, it is charged Tapia agreed to represent Lillian Valdez Brooks in an appeal before this Court filed by the defendant-appellant contesting a judgment awarded to Brooks in the amount of $133,-000. He purportedly accepted $1,000 from Brooks but missed the deadline for filing her ariswer brief despite numerous calls to him from Brooks and assurances to her that he was handling the matter. Several weeks after the brief was due, Tapia entered his appearance on behalf of Brooks and requested an extension of time to file a brief on her behalf. An extension was granted, but Tapia missed this deadline as well. When he attempted to file the brief several months after the deadline had passed, he was correctly advised by the Clerk of this Court that it could not be accepted for filing unless accompanied by a motion for leave of the Court to permit its late filing. No such motion was ever submitted by Tapia, and Brooks’ brief was never filed. The Court had before it only the defendant-appellant’s brief and ruled in favor of the appellant. In this instance, Tapia would have violated Rules 16-101, 16-103, 16-104(A), 16-105, 16-804(D), and 16-804(H).

In addition to these acts of misconduct, the hearing committee and the Disciplinary Board found numerous factors in aggravation of Tapia’s conduct. See American Bar Association, Standards for Imposing Lawyer Sanctions 9.2 (1986).

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

Related

In re Owen and Jackson
2013 NMSC 35 (New Mexico Supreme Court, 2013)
In re Owen
2013 NMSC 035 (New Mexico Supreme Court, 2013)
In Re Zamora
2001 NMSC 011 (New Mexico Supreme Court, 2001)
Matter of Ordaz
918 P.2d 365 (New Mexico Supreme Court, 1996)
Matter of Reif
918 P.2d 344 (New Mexico Supreme Court, 1996)
In re Robertshohl
866 P.2d 1167 (New Mexico Supreme Court, 1994)
Matter of Roberts-Hohl
866 P.2d 1167 (New Mexico Supreme Court, 1994)
In re Tapia
834 P.2d 414 (New Mexico Supreme Court, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
799 P.2d 129, 110 N.M. 693, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-tapia-nm-1990.