AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• Jennie Deden Behles, an attorney with nearly fifty years of practice in New Mexico, faced disciplinary action for mismanaging client trust accounts and charging unreasonable fees. Behles's misconduct involved expending client funds she was ordered to hold in trust, failing to maintain complete records of her client trust account, commingling client money with her own, and unreasonably charging a contingent fee on the return of her client’s court bond. This case marks the second instance of disciplinary action against Behles for similar misconduct.

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Disciplinary Board: Argued that Behles violated professional conduct rules concerning fees, safekeeping property, and engaging in conduct prejudicial to the administration of justice due to her mishandling of client funds and trust accounts.
• Respondent (Behles): Contended that her handling of the $7,500.00 retainer and $25,000.00 flat fee did not constitute violations of trust accounting rules and argued that she was entitled to a 40% contingent fee from a court bond disbursement.

Legal Issues

• Whether Behles violated Rule 16-115 by failing to properly manage her client trust account.
• Whether Behles charged an unreasonable fee in violation of Rule 16-105.
• Whether Behles’s conduct was prejudicial to the administration of justice in violation of Rule 16-804(D).

Disposition

• Behles was permanently disbarred from the practice of law, effective April 30, 2019.
• Ordered to pay restitution in the amount of $19,239.00 to Dubalouche, LLC, plus interest at the statutory judgment rate.
• Ordered to pay costs to the Board for the disciplinary proceedings.

Reasons

• The Court adopted the Disciplinary Board’s findings of fact and conclusions of law in their entirety, emphasizing the gravity of stealing client funds as a violation of a lawyer’s ethical responsibilities. Behles's prior disciplinary record, dishonest and selfish motive, pattern of misconduct, commission of multiple offenses, refusal to acknowledge the wrongful nature of her conduct, and substantial experience in the practice of law were cited as aggravating factors justifying disbarment. The Court highlighted Behles's failure to comply with rules governing the safekeeping of client property and proper trust accounting, her unreasonable charging of fees, and her conduct's prejudicial impact on the administration of justice. The decision to disbar Behles was based on the need to protect the public, the profession, and the administration of justice from her repeated violations of professional conduct rules.