Tuesday, March 19, 2013
The New Mexico Supreme Court imposed a suspension and public censure of an attorney who made a series of knowing misrepresentation in a legal malpractice suit that he brought against the client's former attorney.
Among the misrepresentations was a statement that there was a pending disciplinary complaint against the defendant.
The court found that the above assertion violated the ethical rule that prohibits the use of means that "have no substantial purpose other than to embarrass, delay or burden a third person." Further, the attorney was incompetent in the representation.
There was a second disciplinary case involving the representation of a defendant charged with sexual misconduct involving his minor neice. The attorney refused to prepare after receiving a flat fee and made false statements in a motion to withdraw, claiming that the attorney-client relationship had broken down.
The attorney also had a record of prior discipline. (MIke Frisch)