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In re Moore6/27/2000
ndent did, disburse the funds from trust for the attorney's personal or business purposes. Doing so violates the prohibition of Rule 16-115(A) against commingling trust funds with the attorney's funds.
This Court has repeatedly instructed New Mexico lawyers that violations of the record keeping and substantive requirements for trust accounts are viewed "as being of the most serious nature." In re Ruybalid, 118 N.M. 587, 589, 884 P.2d 478, 480 (1994). Any attorney who disregards the cautionary tales proffered in our opinions discussing the discipline imposed for such transgressions may one day be, as respondent is now, one step away from license suspension, and facing a lengthy and expensive period of probation during deferral of suspension, as well as other conditions.
NOW THEREFORE, IT IS ORDERED that the recommendation hereby is ADOPTED and the conditional agreement not to contest and consent to discipline hereby is APPROVED;
IT IS FURTHER ORDERED that Roger Moore hereby is SUSPENDED from the practice of law for a definite period of eighteen (18) months pursuant to Rule 17-206 (A)(2);
IT IS FURTHER ORDERED that the period of suspension shall be deferred under the following terms and conditions:
(1) Respondent shall be placed on probation throughout the deferral period under the supervision of a licensed New Mexico attorney selected or approved by disciplinary counsel;
(2) Respondent shall meet with the supervising attorney as often as the supervisor deems necessary or advisable, but no less than once per month;
(3) Respondent shall accept instruction from and comply with all directives of the supervisor concerning trust account record keeping and management procedures;
(4) Respondent shall demonstrate to the satisfaction of the supervising attorney that his current trust account is in compliance with the requirements of Rules 16-115 and 17-204 NMRA;
(5) Respondent's supervisor shall provide quarterly reports to disciplinary counsel concerning respondent's compliance with supervision. Thirty (30) days prior to the conclusion of the eighteen (18) month probationary period, the supervisor shall advise disciplinary counsel whether respondent has satisfactorily complied with the supervisor's instructions and directives;
(6) Respondent shall submit to and bear the expense of an audit of his trust account during the probationary period, conducted at a time and by auditors selected or approved by disciplinary counsel. If the audit reveals further violations of Rule 16-115, including violations of Rule 17-204, disciplinary counsel shall seek to have the deferral of respondent's suspension, or some portion thereof, revoked and may file additional charges of misconduct based upon the findings of the audit;
(7) Respondent shall compensate his supervisor at an hourly rate to be determined between him and his supervisor;
(8) Respondent shall reimburse the disciplinary board for all costs incurred in the investigation and prosecution of this matter in the amount of $3,424.07 on or before July 12, 2000;
(9) Respondent shall observe all provisions of the Rules of Professional Conduct and Rules Governing Discipline during his probationary period; and
(10) Respondent agrees that any letter he sends to medical providers to indicate that the medical provider's bill will be paid from the proceeds of settlement or suit, if such letter is not intended as a letter of protection, shall state in capitalized letters that it is not a letter of protection;
IT IS FURTHER ORDERED that at the conclusion of the eighteen-month
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