2023 New Mexico Statutes › Chapter 36 - Attorneys › Article 2 - Regulation of Attorneys › Section 36-2-18 - [Grounds for disbarment and suspension by supreme court.]

An attorney may be disbarred or suspended by the supreme court for any of the following causes arising after his admission to practice:
A. his conviction of felony or misdemeanor involving moral turpitude in which case the record of conviction is conclusive;
B. wilful disobedience or violation of an order of the court requiring him to do or forbear an act connected with or in the course of his profession and any violation of the oath taken by him or of his duty as such attorney as before provided in this chapter;
C. corruptly or wilfully and without authority appearing as attorney for a party to an action or proceeding;
D. lending his name to be used as an attorney by another party who is not an attorney;
E. failing or refusing to account for money of his client coming into his hands as such attorney;
F. for any other act to which such a consequence is by law attached.
History:
Laws 1909, ch. 53, § 34; Code 1915, § 361; C.S. 1929, § 9-135; 1941 Comp., § 18-117; 1953 Comp., § 18-1-17.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The 1915 Code compilers substituted "as before provided in this chapter" at the end of Subsection B for "as hereinbefore provided," presumably referring thereby to the 1915 Code, ch. 8, §§ 327 to 360, the operative provisions of which are compiled as 36-2-10 to 36-2-17 and 36-2-27 NMSA 1978.
Cross references.
— For breach of confidence of or deserting or jeopardizing client as grounds for depriving attorney of office,
see
36-2-16 NMSA 1978.
For deceit of court, judge or party as grounds for disbarment,
see
36-2-17 NMSA 1978.
For Rules Governing Discipline,
see
Rule 15-101 NMRA et seq.
For provisions of Rules of Professional Conduct,
see
Rule 16-101 NMRA et seq.
Giving fraudulent checks.
— Attorney disbarred following hearing concerning his guilty plea to charges of giving fraudulent check.
In re McGarry
, 1961-NMSC-056, 68 N.M. 308, 361 P.2d 718.
Writing insulting letter to judge.
— A letter of insulting character, charging personal and official ignorance, and corruption, written by a member of the bar to a district judge, was sufficient ground for disbarment.
In re Rogers
, 1923-NMSC-020, 28 N.M. 375, 212 P. 1034.
Obtaining information from grand jurors relating to proceeding in which attorney interested.
In re Hittson
, 1915-NMSC-040, 20 N.M. 319, 150 P. 733.
Alteration of tax assessment.
— Attorney who, while employed by the state, caused unlawful changes to be made in an invalid tax assessment and subsequently, when in the employment of the taxpayer, pleaded the unlawful changes as a defense to the assessment was guilty of unprofessional conduct and was disbarred.
In re Eaton
, 1929-NMSC-076, 34 N.M. 329, 281 P. 24.
Misappropriation of funds of client.
— Where an attorney collects money for his client, and deceives such client as to the fact of having collected the same, and appropriates it to his own use, he is guilty of unprofessional conduct.
In re Barth
, 1920-NMSC-001, 26 N.M. 93, 189 P. 499.
Attorney who was representing a beneficiary under a will, induced his client to assign to him an interest in such legacy, under agreement on his part to account for same as soon as it was collected, and thereafter collected interests so assigned and appropriated the same to his own use, failing and refusing to account for same, was guilty of unprofessional conduct.
In re Barth
, 1920-NMSC-001, 26 N.M. 93, 189 P. 499.
Law reviews.
— For article, " 'To Purify the Bar': A Constitutional Approach to Non-Professional Misconduct,"
see
5 Nat. Resources J. 299 (1965).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
7 Am. Jur. 2d Attorneys at Law, §§ 21 to 69.
Purchase of cause of action by attorney as champertous, 4 A.L.R. 173.
Disloyal acts or political opinions as ground for disbarment or suspension of attorney, 8 A.L.R. 1262, 12 A.L.R. 1189, 19 A.L.R. 936.
Moral delinquency or other conduct not affecting court or client as ground for disbarment or suspension of attorney, 9 A.L.R. 189, 43 A.L.R. 107, 55 A.L.R. 1373.
Conduct with regard to proposed legislation as ground for disbarment, 9 A.L.R. 1277.
Encouraging divorce litigation as ground for disbarment or suspension, 9 A.L.R. 1500, 55 A.L.R. 1313.
Conduct in respect of coaching law students as ground for disbarment, 31 A.L.R. 748.
Aspersing character or reputation of litigant as ground for disbarment of attorney, 41 A.L.R. 494.
Failure to account for money of client as ground for disbarment, 43 A.L.R. 54.
Methods employed in collecting debts as ground for disbarment or suspension of an attorney, 47 A.L.R. 267.
Conviction of crime involving moral turpitude as proof of grounds for disbarment when conviction is not itself an independent cause, 81 A.L.R. 1196.
Trial and conviction as necessary condition of disbarment proceedings based in whole or in part on charge amounting to crime, 90 A.L.R. 1111.
Suspension for failure to pay fees imposed annually on members of state bar, 151 A.L.R. 622.
Misconduct of one partner in a law firm as affecting disbarment or other disciplinary proceedings against other partner, 157 A.L.R. 613.
Effect of removal of member of bar from state, 160 A.L.R. 1372.
Admissibility in proceeding to inquire into conduct of attorney, of evidence or record in separate proceeding involving or indicating his corrupt or improper conduct, 161 A.L.R. 898.
Statutory power to revoke or suspend license of attorney for "unprofessional conduct" as exercisable without antecedent adoption of regulation as to what shall constitute such conduct, 163 A.L.R. 909.
"Heir-hunting" activities as ground for disciplinary action against attorney, 171 A.L.R. 352.
Governing law as to the existence or character of offense for which one has been convicted in a federal court or court of another state, as bearing upon disqualification to practice as attorney, 175 A.L.R. 798.
Liability of attorney for loss of client's money or personal property in his possession or entrusted to him, 26 A.L.R.2d 1340.
Propriety and effect of attorney representing interest adverse to that of former client, 52 A.L.R.2d 1243.
Libel and slander: privilege in connection with proceedings to disbar or discipline attorney, 77 A.L.R.2d 493.
Fees: attorney's splitting fees with other attorney or laymen as ground for disciplinary proceedings, 6 A.L.R.3d 1446.
Advances: validity and propriety of arrangement by which attorney pays or advances expenses of client, 8 A.L.R.3d 1155.
Release of information concerning forthcoming or pending trial as ground for contempt proceedings or other disciplinary measures against member of the bar, 11 A.L.R.3d 1104.
Criticism: attorney's criticism of judicial acts as ground of disciplinary action, 12 A.L.R.3d 1408.
Divorce: participation in allegedly collusive or connived divorce proceedings as subjecting attorney to disciplinary action, 13 A.L.R.3d 1010.
Conflicting interests: what constitutes representation of conflicting interests subjecting attorney to disciplinary action, 17 A.L.R.3d 835.
Securities acts: violation of securities regulations as ground of disciplinary action against attorney, 18 A.L.R.3d 1408.
Homicide or assault as ground for disciplinary measures against attorney, 21 A.L.R.3d 887.
Compensation: attorney's right to compensation as affected by disbarment or suspension before complete performance, 24 A.L.R.3d 1193.
Presenting or permitting false evidence as ground for disbarment or suspension, 40 A.L.R.3d 169.
Announcements: publication and distribution of announcement of new or changed associations or addresses, change of firm name, or the like as grounds for disciplinary action, 53 A.L.R.3d 1261.
Will: disciplinary proceeding based on attorney's naming of himself or associate as executor or attorney for executor in will drafted by him, 57 A.L.R.3d 703.
Judicial officer: misconduct in an official capacity as judicial officer as basis for disbarment, suspension, or other disciplinary action against attorney, 57 A.L.R.3d 1150.
Federal income tax conviction as involving moral turpitude warranting disciplinary action against attorney, 63 A.L.R.3d 476.
Federal income tax conviction as constituting nonprofessional misconduct warranting disciplinary action against attorney, 63 A.L.R.3d 512.
Perjury: rights and duties of attorney in a criminal prosecution where client informs him of intention to present perjured testimony, 64 A.L.R.3d 385.
Communication: failure to communicate with client as basis for disciplinary action against attorney, 80 A.L.R.3d 1240.
Income tax conviction: disciplinary action against attorney or accountant for misconduct related to preparation of tax returns for others, 81 A.L.R.3d 1140.
Fee collection practices as ground for disciplinary action, 91 A.L.R.3d 583.
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 connection with settlement of client's case as ground for disciplinary action, 92 A.L.R.3d 288.
Conduct of attorney in capacity of executor or administrator of decedent's estate as ground for disciplinary action, 92 A.L.R.3d 655.
Disciplinary action against attorney based on misconduct prior to admission to bar, 92 A.L.R.3d 807.
Attorney's commingling of client's funds with his own as ground for modern action - modern status, 94 A.L.R.3d 846.
Restitution as mitigating circumstance in disciplinary action against attorney based in wrongful conduct, 95 A.L.R.3d 724.
Communication with party represented by counsel as ground for disciplining attorney, 26 A.L.R.4th 102.
Election campaign activities as ground for disciplining attorney, 26 A.L.R.4th 170.
Advertising as ground for disciplining attorney, 30 A.L.R.4th 742.
Failure to cooperate with or obey disciplinary authorities as ground for disciplining attorney - modern cases, 37 A.L.R.4th 646.
Disciplinary action against attorney for aiding or assisting another person in unauthorized practice of law, 41 A.L.R.4th 361.
Initiating, or threatening to initiate, criminal prosecution as ground for disciplining counsel, 42 A.L.R.4th 1000.
Attorney's misrepresentation to court of his state of health or other personal matter in seeking trial delay as ground for disciplinary action, 61 A.L.R.4th 1216.
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 - modern cases, 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 - modern cases, 69 A.L.R.4th 410.
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.
Misconduct involving intoxication as ground for disciplinary action against attorney, 1 A.L.R.5th 874.
Engaging in offensive personality as ground for disciplinary action against attorney, 58 A.L.R.5th 429.
Attorney's right to compensation as affected by disbarment or suspension before complete performance, 59 A.L.R.5th 693.
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.