1997 -NMSC- 12, Rohr, Matter of, 23771
| Decision Date | 04 February 1997 |
| Docket Number | No. 23771,23771 |
| Citation | 1997 NMSC 12,122 N.M. 774,931 P.2d 1390 |
| Parties | , 1997 -NMSC- 12 In the Matter of Josephine D. ROHR, An Attorney Admitted to Practice Before the Courts of the State of New Mexico. |
| Court | New Mexico Supreme Court |
This matter came before the Court on the recommendation of the disciplinary board that Josephine D. Rohr be disbarred from the practice of law in the State of New Mexico. The Court concurs with the recommendation. Disbarment is the appropriate sanction for Rohr's violations of the Rules of Professional Conduct, 16-101 to 16-805 NMRA.
In the summer of 1995, Rohr represented Jesus Murillo in a worker's compensation case. Rohr negotiated a settlement for Murillo, which was approved by the workers' compensation court on July 11, 1995. On or about July 17, 1995, Rohr received three drafts from the employer's insurer. One draft, in the amount of $37,500, was a lump sum payment in lieu of future weekly compensation. A second draft, in the sum of $4,000, was for future medical expenses. The third draft, in the amount of $12,500, was payment of that portion of Rohr's attorney's fees which the employer was ordered to pay.
All three drafts were made payable to both Murillo and Rohr. With the verbal permission of her client, Rohr endorsed all three checks on behalf of herself and Murillo. The check for attorney's fees was properly deposited into Rohr's business account. The checks for future medical expenses and the lump sum payment, totalling $41,500, were deposited in Rohr's trust account. By the terms of the order approving settlement, Murillo was responsible for paying Rohr attorney's fees of $4,167. The remainder of the money deposited by Rohr into her trust account, $37,333, belonged to Murillo.
Between July 18, 1995 and August 31, 1995, Rohr converted to her own use the entire $37,333 she was holding in trust for Murillo. For more than three months, Rohr lied to Murillo about the availability of the settlement proceeds. During that time, she paid him a total of $1,900, telling him the payments were advances on his worker's compensation settlement. On October 3, 1996, Rohr tendered a trust account check to Murillo in the amount of $35,583. She knew at the time she issued this check that it would be returned for insufficient funds. On or about November 14, 1995, Rohr tendered a cashier's check to Murillo in the sum of $4,000, bringing the total amount of her payments to him at that time to $5,900.
On November 17, 1995, Rohr orally reported her misconduct to disciplinary counsel. On November 27, 1995, at the request of disciplinary counsel, Rohr submitted a letter reporting her misconduct. At about the same time, two other complaints were received in the office of disciplinary counsel concerning Rohr's conversion of the funds she had received in trust for Murillo.
On November 22, 1995, Rohr met with Murillo and told him she had converted his money. She also executed a promissory note to Murillo, promising to pay him the sum of $31,600, with interest of twenty percent (20%) per annum from July 17, 1995. The note provided that it would be repaid at the rate of $5,000 per month beginning December 20, 1995. As of April 18, 1996, the date of the formal disciplinary hearing, Rohr had only made one payment. According to Rohr's testimony at the disciplinary hearing, that $5,000 payment was funded by a loan from a family member. Rohr has paid Murillo a total of $10,900, leaving a balance still owing to Murillo from his settlement of $26,433 plus interest.
In imposing discipline, the Court may consider factors in aggravation and mitigation, if present in the record....
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