N.M. R. Gov. Disc. 17-205
The license to practice law in this state is a continuing proclamation by the Supreme Court that the holder is fit to be entrusted with professional and judicial matters, and to aid in the administration of justice as an attorney and as an officer of the court. It is the duty of every recipient of the conditional privilege to practice law to conduct himself at all times, both professionally and personally, in conformity with the standards imposed upon members of the bar as conditions for that privilege.
Acts or omissions by an attorney, individually or in concert with any other person which violate the Rules of Professional Conduct or violate the provisions of a court rule, statute or other law shall be grounds for discipline, whether or not the act or omission occurred in the course of an attorney-client relationship.
N.M. R. Gov. Disc. 17-205
For grounds for disbarment and suspension by supreme court, see 36-2-17 to 36-2-20 NMSA 1978. For various prohibited activities with respect to attorneys, see 36-2-27 to 36-2-38 NMSA 1978. Compiler's notes. - The following cases were decided pursuant to 22-2-1(3), div. 3 (2.01) and (2.04), 1953 Comp., of the former "Supreme Court Rules", which are similar to this rule. Due process contention invalid when charge concerns activity as attorney. - Respondent's contentions that, in some way, he had been denied procedural and substantive due process of law and equal protection of the law had no validity because the conduct charged against him was wholly and entirely concerned with his activity as an attorney. In re Nelson, 1969-NMSC-012, 79 N.M. 779, 450 P.2d 188. Punishment is not meted out in disciplinary proceeding. The action is required for the protection of the public, the profession and the administration of justice, and not the punishment of the person disciplined. In re Nelson, 1969-NMSC-012, 79 N.M. 779, 450 P.2d 188. Membership in bar requires more than mere absence of intention to do wrong; otherwise a high standard of conduct could not be maintained. In re Nelson, 1969-NMSC-012, 79 N.M. 779, 450 P.2d 188. Question in disbarment is whether act contrary to good morals. - Whether the misconduct with which a person is charged is a crime involving moral turpitude or, if a crime, whether it is malum prohibitum or malum in se or, for that matter, if the act is neither a felony or misdemeanor is not the issue. The true question in considering disbarment is: was the act to which respondent pleaded guilty "contrary to honesty, justice or good morals"? In re Morris, 1964-NMSC-235, 74 N.M. 679, 397 P.2d 475. Moral turpitude is not necessary element to support discipline, nor is it synonymous with "conduct contrary to honesty, justice or good morals". In re Morris, 1964-NMSC-235, 74 N.M. 679, 397 P.2d 475. Context of misconduct irrelevant. - If an attorney engages in fraudulent acts or other conduct prejudicial to the administration of justice or reflecting adversely upon his or her fitness to practice law, the attorney can and will be disciplined regardless of the context in which the misconduct occurs. In re Nails, 1986-NMSC-089, 105 N.M. 89, 728 P.2d 840. Disbarment was warranted where the respondent engaged in violations of Rules 16-101, 16-103, 16-107(B), 16-302, 16-303(A), 16-305(C), 16-404, 16-801(A), 16-804(D), and 16-804(H). In re Neal, 2003-NMSC-032, 134 N.M. 611, 81 P.3d 47. Involuntary manslaughter sufficient to support suspension. - When a member of the bar is guilty of the crime of involuntary manslaughter resulting from driving a motor vehicle while under the influence of intoxicating liquor, such offense is an act contrary to honesty, justice or good morals sufficient to support a suspension from practice. In re Morris, 1964-NMSC-235, 74 N.M. 679, 397 P.2d 475. Although the first offense of driving while under the influence of intoxicating liquor when considered with the penalty provided is a petty offense, it does not follow that the offense of involuntary manslaughter, which requires a much greater penalty, is likewise a petty offense as under our law it is clearly a felony. In re Morris, 1964-NMSC-235, 74 N.M. 679, 397 P.2d 475. Willful failure to file income tax return is defined as a "serious crime" warranting the entry of an order of immediate suspension. In re Patton, 1974-NMSC-017, 86 N.M. 52, 519 P.2d 288. Six-month suspension warranted. - An attorney's personal misconduct involving his failure to pay a mechanic for automobile repairs, and his misrepresentations and lack of cooperation in ensuing litigation and disciplinary proceedings, warranted a six months' suspension from the practice of law. In re Nails, 1986-NMSC-089, 105 N.M. 89, 728 P.2d 840. Am. Jur. 2d, A.L.R. and C.J.S. references. - 7 Am. Jur. 2d Attorneys at Law §§ 36 to 39. Attorney's criticism of judicial acts as ground for disciplinary action, 12 A.L.R.3d 1408. Participation in allegedly collusive or connived divorce proceedings as subjecting attorney to disciplinary action, 13 A.L.R.3d 1010. What constitutes representation of conflicting interests subjecting attorney to disciplinary action, 17 A.L.R.3d 835. Homicide or assault as ground for disciplinary measures against attorney, 21 A.L.R.3d 887. Fabrication or suppression of evidence as ground for disciplinary action against attorney, 40 A.L.R.3d 169. Publication and distribution of announcement of new or changed associations or addresses, change of firm name or the like as ground for disciplinary action, 53 A.L.R.3d 1261. Disciplinary proceeding based upon attorney's naming of himself or associate as executor or attorney for executor in will drafted by him, 57 A.L.R.3d 703. Misconduct in capacity as judge as basis for disciplinary action against attorney, 57 A.L.R.3d 1150. Entrapment as a defense in proceedings to revoke or suspend license to practice law or medicine, 61 A.L.R.3d 357. Failure to communicate with client as basis for disciplinary action against attorney, 80 A.L.R.3d 1240. Attorney's failure to report promptly receipt of money or property belonging to client as ground for disciplinary action, 91 A.L.R.3d 975. Conduct of attorney in capacity of excutor or administrator of decedent's estate as ground for disciplinary action, 92 A.L.R.3d 655. Method employed in collecting debt due client as ground for disciplinary action against attorney, 93 A.L.R.3d 880. Attorney's commingling of client's funds with his own as ground for disciplinary action -modern status, 94 A.L.R.3d 846. Disciplinary action against attorney for misconduct related to performance of official duties as prosecuting attorney, 10 A.L.R.4th 605. Attorney's charging excessive fee as ground for disciplinary action, 11 A.L.R.4th 133. Admissibility and necessity of expert evidence as to standards of practice and negligence in malpractice action against attorney, 14 A.L.R.4th 170. Attorney's conduct in connection with malpractice claim against himself as meriting disciplinary action, 14 A.L.R.4th 209. Attorney's delay in handling decedent's estate as ground for disciplinary action, 21 A.L.R.4th 75. Disciplinary action against attorney based on communications to judge respecting merits of cause, 22 A.L.R.4th 917. Communication with party represented by counsel as ground for disciplining attorney, 26 A.L.R.4th 102. Mental or emotional disturbance as defense to or mitigation of charges against attorney in disciplinary proceeding, 26 A.L.R.4th 995. Use of assumed or trade name as ground for disciplining attorney, 26 A.L.R.4th 1083. Advertising as ground for disciplining attorney, 30 A.L.R.4th 742. Sexual misconduct as ground for disciplining attorney or judge, 43 A.L.R.4th 1062. Negligence, inattention, or professional incompetence of attorney in handling client's affairs in matters involving formation or dissolution of business organization as ground for disciplinary action - modern cases, 63 A.L.R.4th 656. Imposition of sanctions upon attorneys or parties for miscitation or misrepresentation of authorities, 63 A.L.R.4th 1199. Negligence, inattention, or professional incompetence of attorney in handling client's affairs in matters involving real estate transactions as ground for disciplinary action -modern cases, 65 A.L.R.4th 24. Negligence, inattention, or professional incompetence of attorney in handling client's affairs in tax matters as ground for disciplinary action - modern cases, 66 A.L.R.4th 314. Negligence, inattention, or professional incompetence of attorney in handling client's affairs in estate or probate matters as ground for disciplinary action - modern cases, 66 A.L.R.4th 342. Negligence, inattention, or professional incompetence of attorney in handling client's affairs in family law matters as ground for disciplinary action - modern cases, 67 A.L.R.4th 415. Negligence, inattention, or professional incompetence of attorney in handling client's affairs in personal injury or property damage actions as ground for disciplinary action, 68 A.L.R.4th 694. Negligence, inattention, or professional incompetence of attorney in handling client's affairs in criminal matters as ground for disciplinary action, 69 A.L.R.4th 410. Negligence, inattention, or professional incompetence of attorney in handling client's affairs in bankruptcy matters as ground for disciplinary action - modern cases, 70 A.L.R.4th 786. Attorney's argument as to evidence previously ruled inadmissible as contempt, 82 A.L.R.4th 886. Bringing of frivolous civil claim or action as ground for discipline of attorney, 85 A.L.R.4th 544. Soliciting client to commit illegal or immoral act as ground for discipline of attorney, 85 A.L.R.4th 567. Liability in tort for interference with attorney-client relationship, 90 A.L.R.4th 621. Misconduct involving intoxication as ground for disciplinary action against attorney, 1 A.L.R.5th 874. Disciplinary action against attorney taking loan from client, 9 A.L.R.5th 193. Attorneys at law: disciplinary proceedings for drafting instrument such as will or trust under which attorney-drafter or member of attorney's family or law firm is beneficiary, grantee, legatee, or devisee, 80 A.L.R.5th 597. 7 C.J.S. Attorney and Client §§ 66 to 87.