Justia Professional Malpractice & Ethics Opinion Summaries

In 2016, the defendant, an attorney, began representing John Emry in his estate planning. Emry's neighbor and friend, the plaintiff, assisted Emry and communicated with the defendant on Emry's behalf. The defendant prepared documents designating the plaintiff as Emry's attorney-in-fact. Emry instructed the plaintiff to sign documents at a bank, making the plaintiff the beneficiary of a significant account. The defendant did not respond to the plaintiff's email seeking clarification about the beneficiary designation. Upon Emry's death, the bank refused to honor the designation, leading to a legal dispute and financial loss for the plaintiff, who then sued the defendant for legal malpractice.The district court granted the defendant's motion for partial summary judgment, ruling that an alleged violation of a Rule of Professional Conduct does not create a duty to a non-client for civil liability purposes. The plaintiff sought reversal, arguing that the rule, supported by expert testimony, should establish the standard of care for a lawyer's obligation to a non-client.The New Mexico Supreme Court reviewed the case and affirmed the district court's decision. The court held that the Rules of Professional Conduct do not create a legal duty to non-clients. The court emphasized that duty is determined by policy considerations and is a question of law for the court to decide. The court also reaffirmed that while the Rules of Professional Conduct can guide the standard of care, they do not establish a duty. The court directed the Uniform Jury Instructions-Civil Committee to revise UJI 13-2411 to reflect this clarification. View "Waterbury v. Nelson" on Justia Law

The case involves Rudolph Amador, who was convicted of two counts of criminal sexual contact of a minor and one count of child abuse. The charges stemmed from allegations that Amador sexually abused his friend's eleven-year-old daughter. After the initial trial, the district court ordered a new trial due to prosecutorial misconduct and ineffective assistance of counsel. However, the court denied Amador's argument that the retrial was barred. Amador was retried and convicted on all three counts.Amador appealed to the Court of Appeals, arguing that the retrial was barred by double jeopardy and that he received ineffective assistance of counsel. The Court of Appeals rejected Amador's arguments and affirmed his convictions. Amador then petitioned for a writ of certiorari on both issues to the Supreme Court of the State of New Mexico.The Supreme Court of the State of New Mexico reversed the Court of Appeals' decision. The court held that Amador's second trial was barred by double jeopardy under Article II, Section 15 of the New Mexico Constitution. The court found that the prosecutor's misconduct, which included misrepresenting Amador's conditional discharge as a felony conviction and repeatedly referring to Amador as a pedophile during closing arguments, demonstrated a willful disregard of the resulting mistrial. The court remanded the case to the district court to vacate Amador's convictions and discharge him from any further prosecution in this matter. View "State v. Amador" on Justia Law

The Judicial Standards Commission filed a petition for discipline against Espanola municipal court judge Respondent Stephen S. Salazar. David Vigil, the son of a member of Respondent’s church and an acquaintance, manufactured a custom chopper motorcycle which he allowed John Martinez to test ride. Vigil did not produce a title to the vehicle prior to allowing Martinez to test ride it. Ohkay Owingeh police towed the motorcycle during the course of a criminal case for domestic violence against Martinez. The seized motorcycle was towed by George and David Luna d/b/a Aces Towing and Recovery, LLC. Vigil phoned and later visited Respondent for help in recovering the motorcycle. Respondent directed Vigil to have his attorney draft an ex parte order regarding the motorcycle. Vigil delivered the order to Respondent in the lobby of the courthouse and Respondent signed it. In the order, Respondent directed George Luna and Aces Towing to return Vigil’s motorcycle. The order falsely stated that Respondent had held a hearing on the matter. Respondent did not give notice or an opportunity to be heard to the Lunas or their company. In addition, Respondent embossed the official seal of the Espanola Municipal Court upon the order even though there was no case pending or court file existing in that court for the matter. Respondent also failed to inquire if Vigil’s matter was pending in Rio Arriba County Magistrate Court or was part of any other action in any other court; Martinez’s case was, in fact, pending in Rio Arriba County Magistrate Court. When Respondent signed the order, he was on probation with the Commission following a trial before the Commission in November 2009. George Luna and Aces Towing filed a Petition for Writ of Prohibition and Superintending Control in the district court seeking to quash Respondent’s order. The First Judicial District Court granted the writ petition and quashed the order. The Supreme Court issued an order accepting the Commission’s recommendation for discipline suspending Respondent without pay for ninety days, placing Respondent on probation for the remainder of his current term of office, requiring Respondent to pay restitution to the injured parties, requiring Respondent to pay all costs associated with the disciplinary process and ordering a public censure of Respondent. View "In the Matter of Salazar" on Justia Law

The underlying case in this matter concerned a property dispute between BNSF Railway (BNSF) and Roy D. Mercer, LLC (Mercer) and the interpretation of an easement. BNSF claimed a right to construct large berms on Mercer's property (to divert water from railroad tracks) pursuant to a 1936 easement granted to BNSF's predecessor in interest by Mercer's predecessor in interest. BNSF hired Gandy Dancer, LLC to construct the new berms. Mercer objected and threatened to remove them. Relying upon its easement claim, BNSF filed suit in state court against Mercer seeking to enjoin Mercer from removing the berms and requesting damages. Mercer filed a counterclaim against BNSF for tort damages and inverse condemnation, and joined Gandy Dancer as a party defendant for trespass, negligence, and prima facie tort. Once joined as a party, Gandy Dancer, through its attorneys Riley, Shane & Keller, P.C. (Riley Law Firm), removed the matter to federal court. Upon removal, Mercer hired the Wagner Ford Law Firm. At that time, the firm consisted of attorneys Kenneth Wagner and Lisa Ford. Although the firm was named "Wagner Ford," Ford was only an associate. In January 2010, Mercer added another law firm, Law & Resource Planning Associates, P.C. (the LRPA Law Firm) to represent it in the state court proceeding because of water law issues involved in that case. The Wagner Ford Law Firm ceased representing Mercer in late 2010. In late June 2012, while the state court proceeding was ongoing, the LRPA law firm learned via the Riley firm's website that the Riley firm had hired Ford as a new associate. LRPA promptly sent a letter to the Riley firm raising Ford's conflict of interest and stating that the Riley firm could no longer represent Gandy Dancer in the litigation with Mercer, Ford's former client. The Riley firm filed a motion in the state case seeking judicial approval of a Rule 16-110(C) screening process for Ford that Riley believed would allow its continued representation of Gandy Dancer. The court found that Ford had previously represented Mercer in the same or a substantially similar matter, her role was substantial, and she had a conflict of interest. Nevertheless, the district court found that the equities favored Gandy Dancer and declined to disqualify the Riley firm. Mercer appealed the district court's decision not to disqualify the Riley Firm. In interpreting and applying the rule to this case, the Supreme Court held that when an attorney has played a substantial role on one side of a lawsuit and subsequently joins a law firm on the opposing side of that lawsuit, both the lawyer and the new firm are disqualified from any further representation, absent informed consent of the former client. "We also specifically conclude under the same rule that screening the new attorney from any involvement in the lawsuit is not an adequate response to the conflict." View "Mercer v. Reynolds" on Justia Law

The willful judicial misconduct at issue in this case arose by Judge Robert Schwartz's untimely recusal after initiating a romantic relationship with an assistant public defender that had cases pending before him and making dishonest statements from the bench concerning his reasons for recusing. In the spring of 2009, a female assistant public defender regularly appeared in his courtroom. Although Judge Schwartz doubted that a romantic relationship would develop given the difference in their ages, he was open to the possibility. At some point during a lunch with the assistant public defender, Judge Schwartz gave the assistant public defender a gift of a pair of purple latex gloves and a book written by an author with the same name as Judge Schwartz entitled "The One Hour Orgasm." The gift was intended by Judge Schwartz and understood by the assistant public defender to be a self-deprecating joke because the author and Judge Schwartz shared the same name. Before he became a judge, Judge Schwartz had given this book to others, whose common reaction was to burst out laughing. When the assistant public defender returned to work, she showed her supervisor the joke gift. After Judge Schwartz announced that he would recuse in two of the assistant public defender's cases, he provided dishonest reasons for his recusal and entered rulings in those cases. There was no evidence of any adverse impact on these cases from the recusals. Both cases were resolved in a timely manner. The relationship with the assistant public defender ended, and following a trial in August 2009, Judge Schwartz took voluntary medical leave while the Ethics Commission obtained an independent medical examination of his condition. The Commission found that although his reasons for recusal were not credible, Judge Schwartz had been forthcoming and candid with the Commission, apologized for his conduct, and expressed a desire and willingness to learn from his mistakes. Based on these facts, the Commission concluded that Judge Schwartz violated ethics rules. The Judge challenged the Commission's findings to the Supreme Court. The Court adopted the Commission's recommendation that Judge Schwartz receive a formal reprimand. The Court also adopted the recommendations that he take appropriate leave during any future transitions in medical treatment, and that he receive training on the nature of sexual harassment. The Court rejected the Commission's recommendations that Judge Schwartz be suspended without pay and, instead, ordered him to pay a $6,000 fine. View "In re Robert Schwartz" on Justia Law