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In re Privette8/22/1990
PER CURIAM.
This matter is before the court following disciplinary proceedings conducted pursuant to the Rules Governing Discipline, SCRA 1986, 17-101 through 17-316 (Repl. Pamp. 1988 & Cum. Supp. 1990) wherein attorney H. Gregg Privette failed to file any responsive pleadings to the formal charges, failed to appear before the hearing committee or board panel and, hence, was deemed to have admitted various violations of the Rules of Professional Conduct, SCRA 1986, 16-101 through 16-805 (Repl. Pamp. 1988 & Cum. Supp. 1990). We adopt the Disciplinary Board's findings of fact, conclusions of law and recommendations that Privette be suspended indefinitely from the practice of law for a period of no less than one year, and, after that time, he may apply for reinstatement only if he has complied with all conditions hereinafter ordered.
The disciplinary charges in this matter arose out of Privette's separate representations of Ms. Joyce Green, Ms. Elaine Sanchez and Mr. Arlie Murray, all of whom resided in Truth or Consequences, New Mexico.
In the first case, Privette accepted a retainer fee from Ms. Green in a domestic relations matter. Thereafter, she filed her disciplinary complaint alleging that he had neglected her case, failed to communicate with her and failed to earn his fee. Although Privette belatedly sent a written response to the initial disciplinary inquiry concerning this complaint, he subsequently failed to respond in any manner to two additional letters from disciplinary counsel seeking further information in the matter, whereupon formal charges were filed pursuant to Rule 17-309.
In his representation of Ms. Sanchez, Privette settled personal injury claims on her behalf and agreed to see that her debts to various medical care providers were paid from the settlement proceeds. Subsequently, Ms. Sanchez filed her disciplinary complaint alleging that he had failed to pay a hospital bill, which resulted in substantial damage to her credit worthiness, and had failed to communicate with her or her new attorney in order to rectify the matter. Upon written inquiry by disciplinary counsel, Privette failed to respond in any manner to successive letters from the Disciplinary Board, thus requiring the filing of formal charges.
In his representation of Mr. Murray, Privette accepted a retainer fee of $100.00 to appear on his client's behalf at an administrative hearing in an administrative proceeding. Subsequently, Mr. Murray filed his disciplinary complaint alleging that Privette failed to appear at the hearing because he was drinking in a local liquor establishment. Upon written inquiry by disciplinary counsel, Privette failed to respond in any manner to successive letters from the Disciplinary Board. Since these letters of inquiry were close in time to those mailed to Privette concerning Ms. Sanchez's complaint, the two matters were combined in the same set of formal charges.
After Privette failed to answer any of the formal charges filed against him, the charges were deemed to be admitted, pursuant to Rule 17-310(C), and the hearing committee consolidated the separate sets of charges for purposes of a hearing to determine the nature of the committee's recommendation to the Disciplinary Board after consideration of any facts in aggravation or mitigation of Privette's misconduct. Privette failed to attend this hearing.
With regard to the charges concerning Ms. Green's complaint, Privette's acts and omissions violated Rules 16-803(D), and 16-804
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