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In re Quintana8/16/2001
Two sequential disciplinary proceedings concerning the conduct of Orlando A. Quintana were conducted pursuant to the Rules Governing Discipline, Rules 17-101 to -316 NMRA 2001. In each proceeding, respondent committed multiple violations of the Rules of Professional Conduct, Rules 16-101 to -805 NMRA 2001. Due to the serious nature of the violations, Orlando A. Quintana is disbarred from the practice of law for a minimum of five years, with conditions for reinstatement and a mandatory period of probation if he is reinstated.
The specification of charges filed in the first proceeding addressed five client complaints alleging lack of diligence, contrary to Rule 16-103, and failure to communicate, contrary to Rule 16-104. These allegations arose from a series of cases in which respondent undertook to represent clients but then did little or nothing to pursue their legal matters. Perhaps the most egregious of these cases involved a client who retained respondent to fight for custody of his son and visitation rights with his stepdaughter. Although the client paid respondent $1,342.00, respondent did nothing between October 1998, when he was hired, and January 2000, when the client filed his disciplinary complaint. By that time, it had been almost two years since the client had seen the children.
Another example of respondent's complete failure to discharge his responsibilities to these clients was evident in another complaint filed by a client who paid respondent $150.00 to have his driver's license reinstated. Although NMRA 1978, §66-5-5(D) provides a relatively simple procedure for license reinstatement for which the client qualified, respondent took no action on his behalf.
Respondent also was charged with failing to cooperate with disciplinary counsel during the investigation of these complaints, in violation of Rule 16-803(D). Disciplinary counsel wrote multiple letters before respondent answered. In some instances, respondent wholly failed to provide information requested by disciplinary counsel despite repeated requests. The charges also alleged that respondent's conduct violated Rule 16-804(D), conduct prejudicial to the administration of justice, and Rule 16-804(H), conduct that reflects adversely on a lawyer's fitness to practice.
Because respondent filed no answer to the charges, disciplinary counsel's motion to deem the allegations admitted was granted in accordance with Rules 17-309(C)(2) and 17-310(C). Respondent did attend the hearing convened to consider factors in aggravation and mitigation and the appropriate sanction. The hearing committee found as aggravating factors respondent's substantial experience in the practice of law, having been licensed since 1988, engaging in a pattern of misconduct, committing multiple rule violations, and obstructing the disciplinary process by failing to cooperate with disciplinary counsel. See ABA Standards for Imposing Lawyer Sanctions §9.22 (1991 ed. as amended 1992).
The hearing committee found three mitigating factors: absence of a prior disciplinary record, absence of a selfish or dishonest motive, and sincere remorse demonstrated by respondent at the hearing. See ABA Standards for Imposing Lawyer Sanctions §9.23 (1991 ed. as amended 1992). A fourth mitigating factor -- that respondent had experienced personal and emotional problems -- was noted by the committee with the statement that it was not an excuse for his misconduct. Because the purpose of lawyer discipline is the protection of the public, personal and emotional problems will not mitigate misconduct unless a meaningful and sustained period of rehabilitation can be shown. In re Zamora, 2001-NMSC-011, 7, 13, 21 P.3d 30. On
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