Spoon v. Mata
| Decision Date | 18 August 2014 |
| Docket Number | 32,674. |
| Citation | 338 P.3d 113 |
| Parties | Shannon SPOON, individually and as Personal Representative of Daniel Spoon, Deceased, Plaintiff–Appellee, v. Arturo MATA and Burn Construction Company, Inc., Defendants, and Korina Flores, as Parent, Guardian and Next Friend of minor Noah Spoon, Intervenor–Appellant. |
| Court | Court of Appeals of New Mexico |
Blenden Law Firm, Dick A. Blenden, Carlsbad, NM, Templeman & Crutchfield, P.C.C., Barry Crutchfield, Lovington, NM, for Appellee.
Martin, Dugan & Martin, Kenneth D. Dugan, Carlsbad, NM, for Appellant.
Jarmie & Associates, Mark D. Standridge, Las Cruces, NM, Allen, Shepherd, Lewis & Syra, P.A., David A. Gonzales, Albuquerque, NM, for Amicus Curiae New Mexico Defense Lawyers Association.
Michael B. Browde, Albuquerque, NM, David J. Stout, Albuquerque, NM, for Amicus Curiae New Mexico Trial Lawyers Association.
{1} Korina Flores (Petitioner) appeals the district court's order denying her petition to intervene and to be appointed co-personal representative in a wrongful death action brought by Plaintiff, Shannon Spoon, wife of Decedent, Daniel Spoon, who was the father of Petitioner's child (Child). Petitioner sought to intervene to assert Child's loss of consortium claim and further sought appointment as co-personal representative in the wrongful death action in order to protect Child's interests as a statutory beneficiary. Petitioner argued that Child's interests were not adequately represented by Spoon's counsel because a conflict of interest existed due to Spoon's role as personal representative and her pursuit of individual claims against Defendant.
{2} We agree with Petitioner that the district court erred in not permitting Petitioner to intervene to assert Child's loss of consortium claim. However, we disagree that there is currently a conflict of interest as we understand that phrase. As we explain below, a conflict of interest is something that affects an attorney's relationship with his or her client, and no such conflict has yet developed in the relationship between Spoon and her attorney. Instead, what exists in this case may be called an “adversity of interest” between Spoon and Child. We conclude that this adversity of interest cannot be resolved by appointing Petitioner as a co-personal representative, as Petitioner argues. Accordingly, although we reverse and remand to allow Petitioner to intervene to assert Child's loss of consortium claim, we affirm the district court's decision denying Petitioner's appointment as co-personal representative.
{3} Decedent Daniel Spoon died as a result of a motorcycle accident allegedly caused by an employee of Defendant Burn Construction Company, Inc. Decedent was married to Shannon Spoon at the time of his death. In the year preceding his death, Decedent had also fathered Child with Petitioner.
{4} Spoon filed suit shortly after the accident against the driver of the vehicle and Burn Construction. Spoon was appointed the personal representative for purposes of the wrongful death action and also pursued claims, in her individual capacity, for bystander recovery and loss of consortium. At the time the complaint was filed, Spoon did not name Child as an heir of Decedent in the complaint because Decedent's paternity had not yet been established.
{5} Once paternity was established, Petitioner moved to intervene in the lawsuit to assert Child's claim for loss of consortium and to represent Child's interest in the wrongful death action. In order to protect Child's interest, Petitioner sought appointment as a co-personal representative with Spoon. Following a hearing, the district court found that there was no evidence that Child's interests in the wrongful death action were not adequately represented. The district court further found that Spoon's counsel did not have a conflict of interest in representing Spoon both in her capacity as personal representative in the wrongful death action and in her individual capacity in regard to her loss of consortium and bystander recovery claims. The district court accordingly denied Petitioner's motion to intervene. Petitioner appeals.
{6} Petitioner's arguments on appeal can be succinctly grouped into two main contentions. First, she claims that the district court erred in not allowing her to intervene to assert Child's loss of consortium claim. Second, she contends that the district court erred in not allowing her to serve as co-personal representative due to her belief that Spoon's counsel could not adequately represent Child's interest in the wrongful death action. We address these issues in turn.
{7} Spoon appeared to concede in briefing that Petitioner should have been permitted to intervene in the suit to assert Child's loss of consortium claim. We appreciated counsel's forthrightness in this matter because we agree that there was no basis to preclude Petitioner's intervention to pursue Child's individual loss of consortium claim. See Rule 1–024 NMRA. At oral argument, however, Spoon's counsel stated that it was Spoon's position that Child should not be permitted to intervene, but counsel provided no substantive argument as to why it would be impermissible. Because counsel has offered no reason to preclude Child's intervention and because we see none ourselves, Petitioner shall be permitted to intervene for this purpose on remand.
{8} Before stating the standard of review, we provide context and distinguish between the terms “conflict of interest” and “adversity of interest” because Petitioner often conflates these two differing concepts. First, insofar as the issues in the case are concerned, a conflict of interest is one that arises within the attorney/client relationship. See Rule 16–107(A) NMRA (). In a wrongful death action, the attorney/client relationship exists between the personal representative and his or her attorney. Spencer v. Barber, 2013–NMSC–010, ¶ 9, 299 P.3d 388. We therefore consider the relationship between the personal representative and his or her attorney when considering the attorney's responsibilities of loyalty, confidentiality, and conflicts. Id.
{9} Although a statutory beneficiary is not in an attorney/client relationship with the attorney of the personal representative, the statutory beneficiary is an intended beneficiary of the attorney/client relationship that exists between the personal representative and his or her attorney. See id. ¶ 10. Because a statutory beneficiary is an intended beneficiary of this attorney/client relationship, both the attorney and the personal representative owe a duty to act with reasonable care regarding the interests of the statutory beneficiary. Id. ¶¶ 8, 13. Thus, where there is a significant risk that an attorney's representation of the personal representative will be materially limited by the attorney's responsibilities to the statutory beneficiary, a conflict of interest may exist between the personal representative and his or her attorney. See Rule 16–107 ().
{10} In this case, however, Petitioner does not assert that the attorney's representation of Spoon in her individual or representative capacities will be materially limited by the attorney's duties to Child as a statutory beneficiary. Instead, Petitioner asserts that Child's interests will not be protected by Spoon's or her counsel's representation. Thus, Petitioner is not asserting that a conflict of interest exists between Spoon and her counsel but rather what would more appropriately be termed an “adversity of interest” between Child and Spoon that Petitioner argues should preclude Spoon from serving as personal representative.
{11} Having established that Petitioner is asserting the existence of an adversity of interest rather than a conflict of interest, in order to determine the standard of review, we first clarify our understanding of Petitioner's argument as to the remedy she seeks. Petitioner is often unclear in briefing as to whether Spoon should be disqualified from acting as personal representative in general or whether Petitioner simply seeks appointment as co-personal representative. After extensive review of Petitioner's brief, we understand Petitioner to request that her counsel be permitted to represent Child's interests as a statutory beneficiary and in his individual claims while Spoon's counsel represents Spoon's interests as a statutory beneficiary and in her individual claims.
{12} Petitioner frames her argument under the rule pertaining to mandatory intervention. See Rule 1–024(A)(2). Under this framework, Petitioner argues that if we conclude that Spoon cannot adequately represent Child's interest in the wrongful death action due to an adversity of interest, we should order that Petitioner be appointed co-personal representative to protect Child's interest. Id. (). This Court has previously disapproved of—but not foreclosed—the use of mandatory intervention by a wrongful death statutory beneficiary. See Dominguez v. Rogers, 1983–NMCA–135, ¶ 16, 100 N.M. 605, 673 P.2d 1338 (...
To continue reading
Request your trial