March 11, 2015 • Volume 54, No. 10
Inside This Issue
Table of Contents..................................................... 3
Tara Neda Speaking at the
Solo and Small Firm Section Luncheon............... 4
Young Lawyers Division
Four Corners Regional Conference...................... 4
2015–2016 Bench & Bar Directory:
Update Your Contact Information........................ 5
Congratulations, Judge Dalley............................... 7
Thank You, Wills for Heroes Volunteers.............. 8
Clerk’s Certificates..................................................14
From the New Mexico Supreme Court
2015-NMSC-002,
No. 34,365:
Potter v. Pierce....................................................18
From the New Mexico Court of Appeals
2015-NMCA-010,
No. 32,901:
Lucero v. Sutten..................................................22
Pedestrians 287, 66 x 42”, by Jim Zwadlo (see page 3)
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INSURANCE LITIGATION
RESOURCES
Bar Bulletin - March 11, 2015 - Volume 54, No. 10
(505) 293-6600
PO Box 27815
Albuquerque, NM 87125
pho.
505-293-6600
fax.
505-293-6400
Table of Contents
Officers, Board of Bar Commissioners
Mary Martha Chicoski, President
J. Brent Moore, President-Elect
Scotty A. Holloman, Vice President
Dustin K. Hunter, Secretary-Treasurer
Erika E. Anderson, Immediate Past President
Board of Editors
Jamshid Askar
Nicole L. Banks
Alex Cotoia
Kristin J. Dalton
Curtis Hayes
Bruce Herr
Maureen S. Moore
Andrew Sefzik
Mark Standridge
Carolyn Wolf
State Bar Staff
Executive Director Joe Conte
Managing Editor D.D. Wolohan
505-797-6039 • [email protected]
Communications Coordinator
Evann Kleinschmidt
505-797-6087 • [email protected]
Graphic Designer Julie Schwartz
[email protected]
Account Executive Marcia C. Ulibarri
505-797-6058 • [email protected]
Digital Print Center
Manager Brian Sanchez
Assistant Michael Rizzo
©2015, State Bar of New Mexico. No part of this publication may be reprinted or otherwise reproduced without
the publisher’s written permission. The Bar Bulletin has
the authority to edit letters and materials submitted for
publication. Publishing and editorial decisions are based
on the quality of writing, the timeliness of the article,
and the potential interest to readers. Appearance of
an article, editorial, feature, column, advertisement or
photograph in the Bar Bulletin does not constitute an
endorsement by the Bar Bulletin or the State Bar of New
Mexico. The views expressed are those of the authors,
who are solely responsible for the accuracy of their
citations and quotations. State Bar members receive the
Bar Bulletin as part of their annual dues. The Bar Bulletin
is available at the subscription rate of $125 per year and
is available online at www.nmbar.org.
The Bar Bulletin (ISSN 1062-6611) is published weekly
by the State Bar of New Mexico, 5121 Masthead NE,
Albuquerque, NM 87109-4367. Periodicals postage paid at
Albuquerque, NM. Postmaster: Send address changes to Bar
Bulletin, PO Box 92860, Albuquerque, NM 87199-2860.
505-797-6000 • 800-876-6227 • Fax: 505-828-3765
E-mail: [email protected]. • www.nmbar.org
March 11, 2015, Vol. 54, No. 10
Notices .................................................................................................................................................................4
Congratulations, Judge Dalley.....................................................................................................................7
Thank You, Wills for Heroes Volunteers......................................................................................................8
Legal Education Calendar..............................................................................................................................9
Writs of Certiorari .......................................................................................................................................... 11
Court of Appeals Opinions List.................................................................................................................. 13
Clerk’s Certificates.......................................................................................................................................... 14
Recent Rule-Making Activity...................................................................................................................... 17
Opinions
From the New Mexico Supreme Court
2015-NMSC-002, No. 34,365: Potter v. Pierce.............................................................................. 18
From the New Mexico Court of Appeals
2015-NMCA-010, No. 32,901: Lucero v. Sutten.......................................................................... 22
Advertising....................................................................................................................................................... 25
Meetings
State Bar Workshops
March
March
11
Children’s Law Section BOD,
Noon, Juvenile Justice Center
17
Legal Resources for the Elderly Workshop
10–11 a.m., Presentation
11:30 a.m.–3 p.m., Clinics
Ford Canyon Senior Center, Gallup
11
Taxation Section BOD,
11 a.m., via teleconference
18
Legal Resources for the Elderly Workshop
10–11 a.m., Presentation
11:30 a.m.–2:30 p.m., Clinics
Cibola Senior Citizens Center, Grants
12
Business Law Section BOD,
4 p.m., via teleconference
12
Elder Law Section BOD,
Noon, State Bar Center
12
Public Law Section BOD,
Noon, Montgomery and Andrews, Santa Fe
13
Animal Law Section BOD,
Noon, State Bar Center
25
Consumer Debt/Bankruptcy Workshop
6 p.m., State Bar Center
28
Consumer Debt/Bankruptcy Workshop
9 a.m., The Law Office of Kenneth Egan,
Las Cruces
April
13
Prosecutors Section BOD,
Noon, State Bar Center
1
Divorce Options Workshop
6 p.m., State Bar Center
17
Solo and Small Firm Section BOD, 11:30 a.m.;
Presentation, noon
1
Civil Legal Fair
10 a.m.–1 p.m., Second Judicial District
Court, Third Floor Conference Room,
Albuquerque
18
Real Property, Trust and Estate Section
Trust and Estate Division,
Noon, State Bar Center
22
Consumer Debt/Bankruptcy Workshop
6 p.m., State Bar Center
Cover Artist: Jim Zwadlo’s subject is people represented realistically in an abstract urban space, as seen from an imaginary
aerial point of view. His most recent series, “Pedestrians,” is titled to emphasize that the people aren’t doing anything
special, they’re just walking in the street. Zwadlo is influenced by Impressionist cityscapes, Bauhaus photography, New
York School abstraction and minimalism.
Bar Bulletin - March 11, 2015 - Volume 54, No. 10
3
Notices
Court News
First Judicial District Court
Professionalism Tip
With respect to opposing parties and their counsel:
Mass Reassignment
Gov. Susana Martinez announced the
appointment of Jennifer L. Attrep to fill
the vacancy in Division V of the First
Judicial District. Effective Feb. 25, a mass
reassignment of all Division V occurred.
All cases previously assigned to Division
V, were assigned to District Judge Attrep.
Parties who have not previously exercised
their right to challenge or excuse will have
10 days from March 25 to challenge or
excuse the judge pursuant to Rule 1-088.1.
U.S. District Court for the
District of New Mexico
Attorney Federal Bar Dues
With the concurrence of the Article III
judges of the U.S. District Court for the
District of New Mexico, the Federal Bar
dues have been set at $25 for 2015. Bar
dues may be paid online via CM/ECF. For
more information regarding paying Bar
dues, visit www.nmcourt.fed.us.
State Bar News
Attorney Support Groups
• March 16, 7:30 a.m.
First United Methodist Church, 4th
and Lead SW, Albuquerque (The group
meets the third Monday of the month.)
• April 6, 5:30 p.m.
First United Methodist Church, 4th
and Lead SW, Albuquerque (The group
meets the first Monday of the month.)
• April 13, 5:30 p.m.
UNM School of Law, 1117 Stanford
NE, Albuquerque, Room 1119 (The
group meets the second Monday of the
month.)
For more information, contact Hilary
Noskin, 505-449-7984 or Bill Stratvert,
505-242-6845.
Appellate Practice Section
Brown Bag Lunch with
Judge Michael D. Bustamante
The Appellate Practice Section and the
Young Lawyers Division invite members
of the legal community to a noon lunch
discussion with Appellate Court Judge
Michael D. Bustamante on March 13 at
the State Bar Center. These brown bag
lunches in an informal setting are beneficial to lawyers and judges alike. Space is
limited, so R.S.V.P. to Dolph Barnhouse
at [email protected]
by March 12.
4
I will not use litigation, delay tactics, or other courses of conduct to harass the
opposing party or their counsel.
Judge Bustamante, a native New Mexican, graduated from the University of New
Mexico in 1971 with a degree in Economics
and American Studies. He received his law
degree from UNM in 1974, and has been
serving the New Mexico Court of Appeals
as a judge since his election in December
1994. Before that, he was in private practice
with Ortega and Snead, P.A., and its predecessor from 1974 until 1990, when he went
into solo practice. His work as an attorney
included a broad range of civil matters. He
has served on the Board of Bar Examiners;
the Disciplinary Board; the Bench, Bar Relations Committee of the Supreme Court; and
the Judicial Information Systems Council.
Committee on Diversity in the
Legal Profession
Discounted CLE Rate for
Committee Members
The CLE on March 20, “The Impact
of the Legal System on People of Color”
(5.5 G, 1.0 EP), offers a special rate of $195
for Committee on Diversity members. To
register, visit nmbar.org or call or 505-7976020.
Paralegal Division
Luncheon CLE Series
The Paralegal Division invites members
of the legal community to bring a lunch
and attend “Current Issues and Events
in Immigration Law” (1.0 G) presented
by Christina Rosado. The program will
be held from noon–1 p.m., March 11, at
the State Bar Center (registration fee for
attorneys–$16, members of the Paralegal
Division–$10, non-members–$15). Registration begins at the door at 11:45 a.m.
For more information, contact Cheryl
Passalaqua, 505-247-0411, or Carolyn
Winton, 888-4357. Telecast to Santa Fe
and Roswell. For more information, visit
www.nmbar.org > About Us > Divisions >
Paralegal Division > CLE Programs.
Solo and Small Firm Section
Tara Neda Speaking at the
State Bar Center
The Solo and Small Firm Section
invites members of the legal community
Bar Bulletin - March 11, 2015 - Volume 54, No. 10
to attend presentations after the section
board meeting on the third Tuesday of
each month at the State Bar Center. On
March 17, Senior U.S. Attorney trial counsel Tara Neda will be speaking about her
special prosecutor work in Cameroon and
Yemen and sharing images of those countries. She will discuss the conflicts between
traditional tribal societies and efforts to
teach a more Western criminal justice
system. Neda has previously served DOJ
as a special prosecutor in Afghanistan,
so her presentation, due to recent world
events, will be especially timely. While
the Section would like to accommodate
all members of the bar, interested judges
and attorneys are encouraged to make
their respective reservations as early as
possible.
The section board will meet at 11:30 a.m.,
followed by Neda’s presentation at noon.
Lunch is included to those who R.S.V.P
by March 16. For more information or to
R.S.V.P., contact Evann Kleinschmidt at
[email protected] or 505-7976087.
Young Lawyers Division
Four Corners Regional Conference
YLD is participating in a regional
leadership summit for YLD members in
New Mexico, Arizona, Utah and Colorado
April 9-13 in Aspen, Colo. The conference
will include speakers and panels who
will discuss leadership skills. In addition,
the conference will provide networking,
a service project and skiing. For more
information, contact Casey Kannenberg,
[email protected], Colorado Bar
Association YLD.
UNM
Law Library
Hours Through May 9
Building & Circulation
Monday–Thursday Friday
Saturday
Sunday
Reference
Monday–Friday
Librarian on call
Saturday–Sunday
8 a.m.–10 p.m.
8 a.m.–6 p.m.
8 a.m.–5 p.m.
Noon–8 p.m.
9 a.m.–6 p.m.
3–6 p.m.
Closed
Other Bars
Albuquerque Bar Association
Live CLE Video Replay
The Albuquerque Bar Association
will hold a live CLE video replay on
March 11 at the Albuquerque Bar Association training room, 201 Third
Street, Suite 500, Albuquerque. The
following programs will be shown “Civil
Procedure Update (2.0 G),” “Succession
Planning (2.0 EP),” “Top 10 Reasons
Lawyers are Sued (2.0 G)” and “May It
Peeve the Court 2014 (2.0 EP).” For time
and information registration, visit www.
abqbar.org.
Albuquerque Lawyers Club
CLE Opportunity:
Practicing Transformative Law
The Albuquerque Lawyers Club and the
Women’s Bar Association present a CLE
“Is It Just About the Money? Practicing
Transformative Law” (3.0 EP, pending
MCLE approval) from 11 a.m.–2:30 p.m.,
March 13, at Seasons Rotisserie & Grill in
Albuquerque. Speakers include Randi McGinn, author of Changing Laws, Saving Lives,
Justice Edward L. Chávez, Yasmin Dennig
and Rochelle Lari. The cost of the program
is $125 (includes lunch). Participants may
purchase the book Changing Laws, Saving
Lives at a $10 discount upon registration.
Members of either organization will receive
a $25 discount. Space is limited so registration is required. Email Barbara Koenig at
[email protected] to receive a registration
form and for more information.
Federal Bar Association
Supreme Court Review CLE
The New Mexico chapter of the Federal
Bar Association will host a luncheon, fol-
lowed by a CLE program, featuring Erwin
Chemerinsky, dean of the University of California, Irvine, School of Law, distinguished
professor of law, and Raymond Pryke professor of First Amendment law. Chemerinsky
will provide a “Supreme Court Review” at
the April 30 CLE in Santa Fe. One hour of
CLE credit is anticipated for this event. The
cost and the location of the event will be
announced in the coming weeks.
First Judicial District Bar
Association
Immigration Law Update
Olsi Vrapi, an immigration attorney
with offices in Santa Fe, Albuquerque and
El Paso, will speak at the luncheon for the
First Judicial District Bar Association at
noon, March 16, at the Santa Fe Hilton.
Vrapi’s presentation, “Immigration Law
Update: Obama’s 2014 Executive Action
and the Response of Federal Courts,”
will discuss the president’s Nov. 20, 2014,
immigration executive action, the recent
injunction by a federal judge in Texas
and the effects of both on New Mexico’s
undocumented immigrant population.
Attendance is $15 and includes a buffet lunch. For more information or to
R.S.V.P., contact Lucas Conley at lconley@
montand.com or 505-986-2657.
New Mexico Criminal Defense
Lawyers Association
Trial Skills College
Need to brush up on trial tactics?
Several of New Mexico’s top trial lawyers
have teamed up again this year for the
New Mexico Criminal Defense Lawyers
Association’s Trial Skills College on March
27–28 in Albuquerque. This is a two-day
Digital Print Center
When First Impressions Matter
• Business Cards
• Envelopes
• Announcements
• CLE Materials
• Letterhead
• Brochures
• Invitations
• And much more
We provide quality, full-color printing.
Ask about your member discount.
Contact Marcia Ulibarri, 505-797-6058
or [email protected].
Submit
announcements
for publication in
the Bar Bulletin to
[email protected]
g
by noon Monday
the week prior
to publication.
continued on page 7
2015–2016 Bench & Bar Directory
Update Your Contact Information by March 27
To verify your current information:
Visit www.nmbar.org. Click on Find an Attorney and search by name.
To submit changes:
Online: Visit www.nmbar.org > for Members > Change of Address
Mail: Address Changes, PO Box 92860, Albuquerque, NM 87199-2860
Fax: 505-828-3765
Email: [email protected]
Publication is not guaranteed for information submitted after March 27.
New Mexico Lawyers
and Judges
Assistance Program
Help and support are only a phone call away.
24-Hour Helpline
Attorneys/Law Students
505-228-1948 • 800-860-4914
Judges
888-502-1289
www.nmbar.org > for Members >
Lawyers/Judges Assistance
Bar Bulletin - March 11, 2015 - Volume 54, No. 10
5
20 ertis
Be 15 ing s
nc - ales
h 20 no
& 1 wo
Ba 6 pen
rD
fo
rt
he
ire
cto
ry
Ad
v
Attorney Firm Listings available
• listed geographically in alpha order
• includes your logo in color, address, email, web address,
and up to 12 practice areas
Space reservation March 31, 2015
To make your space reservation, please contact Marcia Ulibarri
505-797-6058 • [email protected]
6
Bar Bulletin - March 11, 2015 - Volume 54, No. 10
Congratulations,
Judge Dalley!
Justice Charles W. Daniels swore in Bradford J. Dalley as judge of the 11th
Judicial District Court on Feb. 19 at the District Courthouse in Aztec.
Numerous judges and those from the legal community across the state
attended the ceremony.
continued from page 5
course of lectures, small group practice
and video review aspects of a trial from
voir dire to closing statements. Whether
you’re a new lawyer, or need to brush up
on your expertise, everyone is bound to
learn something new. The CLE provides
a total of 14.5 general CLE credits. There
are only 36 seats available, so don’t wait to
register. Visit www.nmcdla.org for more
details.
Southwest Women’s Law
Center
10th Anniversary and Celebrating
Women’s Stories
The Southwest Women’s Law Center
invites members of the legal community
to attend its 10th Anniversary and Fourth
Annual Celebrating Women’s Stories fea-
turing special guest U.S. Congresswoman
Michelle Lujan Grisham and honoring
SWLC Founding Director Jane Wishner.
The event will take place on March 28 at
the University of New Mexico Student
Union Building (Ballrooms A, B and C) in
Albuquerque. The reception will begin at
6 p.m. and dinner will be served at 7 p.m.
The event will also recognize the
outstanding achievements of Cosette
Wheeler, Ph.D., for advancing women’s
health, Claudia Medina for advocating
against domestic violence, Martha Burk for
advancing equal pay for women, Rep. Jane
Powdrell-Culbert for advancing sports
programs for middle and high school girls
under Title IX, and Curtis Boyd, M.D., for
advancing women’s reproductive rights. To
R.S.V.P. (required by March 23) or learn
more about sponsorship opportunities,
visit www.swwomenslaw.org.
Other News
Rocky Mountain Mineral Law
Foundation
Enhanced Oil Recovery Institute
The State Bar is co-sponsoring the Special Institute on Enhanced Oil Recovery:
Legal Framework for Sustainable Management of Mature Oil Fields, May 7–8 in San
Antonio, Texas, with the Rocky Mountain
Mineral Law Foundation. State Bar members may register for this program at the
discounted rate. For a detailed program
brochure, online registration and information about discounted hotel rooms at the
Westin Riverwalk Hotel, visit www.rmmlf.
org. Comprehensive course materials will
be provided to all registrants.
Bar Bulletin - March 11, 2015 - Volume 54, No. 10
7
Wills for Heroes
The Young Lawyers Division would like to express its gratitude to the following volunteers
for generously giving their time and expertise to the Wills for Heroes event on Feb. 21 at the
Albuquerque Police Academy. They prepared 26 wills and estate planning documents for first
responders and their spouses.
Karen Atkinson
Kathleen Blea
Beth Collard
Nettie Condit
Spencer Edelman
Sean Fitzpatrick
Tony Garcia
Yolanda Hernandez
Jim Houghton
Tina Kelbe
Jordan Kessler
Robert Lara
Bonita Ortiz
Gina Manfredi
Bridget Mullins
Ben Nucci
Dorielle Paul
Lynette Rocheleau
Dawn Seals
Sue Umshler
This program would not be successful without our volunteers’ continued support!
YOUNG LAWYERS DIVISION
8
Bar Bulletin - March 11, 2015 - Volume 54, No. 10
Legal Education
March
12
Ethical Issues When Representing
the Elderly
1.0 EP
National Teleseminar
Center for Legal Education of NMSBF
505-797-6020
www.nmbar.org
17-18 Fundamentals of Securities Law,
Parts 1–2
2.0 G
National Teleseminar
Center for Legal Education of NMSBF
505-797-6020
www.nmbar.org
24-25 Sub-leasing & Assignments,
Parts 1–2
2.0 G
National Teleseminar
Center for Legal Education of NMSBF
505-797-6020
www.nmbar.org
13
2015 Ethicspalooza: Ethically
Managing Your Practice
1.0 EP
Live Seminar and Webcast
Center for Legal Education of NMSBF
505-797-6020
www.nmbar.org
20
The Impact of the Legal System on
People of Color
5.5 G, 1.0 EP
Live Seminar and Webcast
Center for Legal Education of NMSBF
505-797-6020
www.nmbar.org
26
2015 Ethicspalooza: All Those Fees
13
1.0 EP
Live Seminar and Webcast
Center for Legal Education of NMSBF
505-797-6020
www.nmbar.org
Ethics for Transactional Lawyers
23
1.0 EP
National Teleseminar
Center for Legal Education of NMSBF
505-797-6020
www.nmbar.org
27
13
24
2015 Ethicspalooza: Proper Trust
Accounting
1.0 EP
Live Seminar and Webcast
Center for Legal Education of NMSBF
505-797-6020
www.nmbar.org
13
2015 Ethicspalooza: Conflicts of
Interest
1.0 EP
Live Seminar and Webcast
Center for Legal Education of NMSBF
505-797-6020
www.nmbar.org
13
2015 Ethicspalooza: The Ethics of
Social Media Use
1.0 EP
Live Seminar and Webcast
Center for Legal Education of NMSBF
505-797-6020
www.nmbar.org
13
2015 Ethicspalooza: Civility and
Professionalism
1.0 EP
Live Seminar and Webcast
Center for Legal Education of NMSBF
505-797-6020
www.nmbar.org
Internet Investigative/Legal
Research on a Budget and Legal
Tech Tips (2014)
6.0 G
Video Replay
Center for Legal Education of NMSBF
505-797-6020
www.nmbar.org
24
Medical Malpractice Review Before
the New Mexico Medical Review
Commission (2014)
2.0 G, 3.0 EP
Video Replay
Center for Legal Education of NMSBF
505-797-6020
www.nmbar.org
Nonprofit Corporations
Compliance (2014)
3.5 G
Video Replay
Center for Legal Education of NMSBF
505-797-6020
www.nmbar.org
24
24
Mock Meeting of the Ethics
Advisory Committee (2014)
2.0 EP
Video Replay
Center for Legal Education of NMSBF
505-797-6020
www.nmbar.org
2015 Solo and Small Firm Institute:
Law Practice Management
3.0 G, 4.0 EP
Live Seminar and Webcast
Center for Legal Education of NMSBF
505-797-6020
www.nmbar.org
2015’s Best Law Office Technology,
Software and Tools—Improve
Client Service, Increase Speed and
Lower Your Costs
4.8 G, 1.2 EP
Live Seminar and Webcast
Center for Legal Education of NMSBF
505-797-6020
www.nmbar.org
27–28 Trial Skills College
14.5 G
Albuquerque
New Mexico Criminal Defense
Lawyers Association
505-992-0050
www.nmcdla.org
Fire in the Hole: What’s Exploding
in New Mexico Mining Law (2014)
5.5 G, 1.0 EP
Video Replay
Center for Legal Education of NMSBF
505-797-6020
www.nmbar.org
30
30
2014 Intellectual Property Law
Institute
5.0 G, 1.0 EP
Video Replay
Center for Legal Education of NMSBF
505-797-6020
www.nmbar.org
30
How to Become a Rock Star Lawyer,
the Ethical Way (2014)
2.0 EP
Video Replay
Center for Legal Education of NMSBF
505-797-6020
www.nmbar.org
Bar Bulletin - March 11, 2015 - Volume 54, No. 10
9
Legal Education
www.nmbar.org
March
30
VAWA 2013 and Tribal Jurisdiction
Over Crimes of Domestic Violence
(2014)
3.2 G
Video Replay
Center for Legal Education of NMSBF
505-797-6020
www.nmbar.org
Exempt v. Non-exempt: Overtime
& Employer Liability in the
Workplace
1.0 G
National Teleseminar
Center for Legal Education of NMSBF
505-797-6020
www.nmbar.org
31
April
1
Innocent & Injured Spouse
Defenses to Joint Tax Liability
1.0 G
National Teleseminar
Center for Legal Education of NMSBF
505-797-6020
www.nmbar.org
7
Drafting Reps and Warranties in
Business Transactions
1.0 G
National Teleseminar
Center for Legal Education of NMSBF
505-797-6020
www.nmbar.org
14
Skeptically Determining the Limits
of Scientific Evidence V (2014)
5.0 G, 1.5 EP
Video Replay
Center for Legal Education of NMSBF
505-797-6020
www.nmbar.org
14
Navigating the Privileges Minefield
(2014)
5.5 G
Video Replay
Center for Legal Education of NMSBF
505-797-6020
www.nmbar.org
14
Construction Lien Law in New
Mexico (2014)
3.0 G
Video Replay
Center for Legal Education of NMSBF
505-797-6020
www.nmbar.org
10
14
The End of Law Firms: How the
Cloud is Changing the Practice of
Law and The ABA Model Rules with
Regard to the Changing Practice of
Law (2014 Annual Meeting)
1.0 G, 1.0 EP
Video Replay
Center for Legal Education of NMSBF
505-797-6020
www.nmbar.org
14
Homeowner Agreements for
Developers & Project Owners
1.0 G
National Teleseminar
Center for Legal Education of NMSBF
505-797-6020
www.nmbar.org
15–16 Asset Purchase Deals, Parts 1–2
2.0 EP
National Teleseminar
Center for Legal Education of NMSBF
505-797-6020
www.nmbar.org
24
The Brain-Smart Negotiator: Skills
and Practices for the Effective
Litigator
4.8 G, 1.2 EP
Live Seminar and Webcast
Center for Legal Education of NMSBF
505-797-6020
www.nmbar.org
28
New Mexico Administrative Law
Institute 2014
4.2 G, 2.0 EP
Video Replay
Center for Legal Education of NMSBF
505-797-6020
www.nmbar.org
28
Accounting for Lawyers (2014)
6.0 G
Video Replay
Center for Legal Education of NMSBF
505-797-6020
www.nmbar.org
17
Ethics & Digital Communications
1.0 EP
National Teleseminar
Center for Legal Education of NMSBF
505-797-6020
www.nmbar.org
Practice Management, the Cloud,
and Your Firm (Online Practice
Management Strategies 2014)
3.0 G
Video Replay
Center for Legal Education of NMSBF
505-797-6020
www.nmbar.org
21
28
Drafting Settlement Agreements in
Litigation
1.0 G
National Teleseminar
Center for Legal Education of NMSBF
505-797-6020
www.nmbar.org
Bar Bulletin - March 11, 2015 - Volume 54, No. 10
28
Establishing Your Online Presence,
Ethically and Professionally
(Online Practice Management
Strategies 2014)
2.0 EP
Video Replay
Center for Legal Education of NMSBF
505-797-6020
www.nmbar.org
Writs of Certiorari
As Updated by the Clerk of the New Mexico Supreme Court
Joey D. Moya, Chief Clerk New Mexico Supreme Court
PO Box 848 • Santa Fe, NM 87504-0848 • (505) 827-4860
Effective February 27, 2015
No. 34,937
Petitions for Writ of Certiorari Filed and Pending:
No. 35,139
No. 35,116
No. 35,135
No. 35,134
No. 35,132
No. 35,131
No. 35,130
No. 35,129
No. 35,127
No. 35,126
No. 35,125
No. 35,124
No. 35,122
No. 35,121
No. 35,120
No. 35,115
No. 35,114
No. 35,119
No. 35,118
No. 35,113
No. 35,111
No. 35,109
No. 35,107
No. 35,106
No. 35,105
No. 35,108
No. 35,101
No. 35,097
No. 35,098
No. 35,084
No. 35,088
No. 35,086
No. 35,060
No. 35,050
No. 35,046
No. 35,040
No. 35,039
No. 35,037
No. 35,099
No. 35,068
No. 34,949
Date Petition Filed
COA 33,643 02/26/15
COA 32,516 02/25/15
COA 34,013 02/23/15
COA 33,953 02/20/15
State v. Sutton
State v. Martinez
State v. McBride
State v. Hall
Bank of New York v.
COA 34,041
Singh
Einer v. Rivera
COA 33,362
Progressive Ins. v. Vigil COA 32,171
State v. Ramos
COA 33,969
State v. Amy B.
COA 33,469
State v. Leslie K.
COA 33,562
State v. Castro
COA 33,886
State v. Valenzuela
COA 33,868
Lente v. State
12-501
State v. Chakerian
COA 32,872
State v. DeLao
COA 33,870
State v. Garcia
COA 33,796
State v. Duran
COA 33,862
Lester v. Lester
COA 33,926
City of Albuquerque v.
COA 33,261
Lester
State v. Padilla
COA 33,887
Lea County v.
Markum Ranch
COA 32,510
Valenzuela v. N.M. Dept. of
Workforce Solutions
COA 34,231
State v. Villanueva
COA 34,092
Salomon v. Franco
12-501
Pena-Kues v.
COA 32,790
Smith’s Food & Drug
Pena-Kues v.
Smith’s Food & Drug
COA 32,790
Dalton v. Santander
COA 33,136
Marrah v. Swisstack
12-501
Torres v. Hatch
12-501
Branch v. State
12-501
Vine v. State
12-501
Moreno v. Hatch
12-501
Medina v. State
12-501
State v.
COA 32,110/32,109
Hernandez
Response ordered; filed 2/27/15
Ramirez v. Ortiz
12-501
Montoya v. Wrigley
12-501
Ramirez v. Hatch
12-501
Graham v. Hatch
12-501
Keller v. Horton
12-501
Jessen v. Franco
12-501
State v. Chacon
COA 33,748
Response filed 10/31/14
02/20/15
02/20/15
02/19/15
02/17/15
02/16/15
02/16/15
02/16/15
02/16/15
02/13/15
02/13/15
02/10/15
02/10/15
02/10/15
02/09/15
02/09/15
02/09/15
02/05/15
02/05/15
02/04/15
02/04/15
02/03/15
01/30/15
01/28/15
01/26/15
01/23/15
01/16/15
01/15/15
01/13/15
12/30/14
12/22/14
12/15/14
12/15/14
12/15/14
12/15/14
12/11/14
11/25/14
10/27/14
No. 34,932
No. 34,881
No. 34,913
No. 34,907
No. 34,885
No. 34,878
No. 34,777
No. 34,790
No. 34,765
No. 34,793
No. 34,775
No. 34,776
No. 34,748
No. 34,731
No. 34,739
No. 34,706
No. 34,691
No. 34,589
No. 34,563
No. 34,303
No. 34,067
No. 33,868
No. 33,819
No. 33,867
No. 33,539
No. 33,630
Pittman v.
12-501
N.M. Corrections Dept.
Gonzales v. Sanchez
12-501
Paz v. Horton
12-501
Finnell v. Horton
12-501
Response ordered; due 4/2/15
Cantone v. Franco
12-501
Savage v. State
12-501
O’Neill v. Bravo
12-501
State v. Dorais
COA 32,235
Response filed 7/31/14
Venie v. Velasquz
COA 33,427
Response ordered; due 8/22/14
Helfferich v. Frawner
12-501
Response ordered; due 3/15/15
Isbert v. Nance
12-501
State v. Merhege
COA 32,461
Serna v. Franco
12-501
Smith v. State
12-501
Helfferich v. Frawner
12-501
Response ordered; due 3/15/15
Holguin v. Franco
12-501
Camacho v. Sanchez
12-501
Wetson v. Nance
12-501
Response ordered; filed 7/14/14
Seager v. State
12-501
Response ordered; filed 2/18/15
Benavidez v. State
12-501
Response ordered; filed 5/28/14
Gutierrez v. State
12-501
Gutierrez v. Williams
12-501
Burdex v. Bravo
12-501
Response ordered; filed 1/22/13
Chavez v. State
12-501
Roche v. Janecka
12-501
Contreras v. State
12-501
Response ordered; due 10/24/12
Utley v. State
12-501
10/20/14
10/16/14
10/08/14
09/22/14
09/11/14
09/08/14
08/26/14
07/02/14
06/27/14
06/24/14
06/23/14
06/19/14
06/13/14
06/06/14
05/29/14
05/21/14
05/13/14
05/07/14
04/23/14
02/25/14
07/30/13
03/14/13
11/28/12
10/29/12
09/28/12
07/12/12
06/07/12
Certiorari Granted but No.t yet Submitted to the Court:
(Parties preparing briefs) No. 33,725 State v. Pasillas
No. 33,837 State v. Trujillo
No. 33,877 State v. Alvarez
No. 33,930 State v. Rodriguez
No. 33,994 Gonzales v. Williams
No. 33,863 Murillo v. State
No. 33,810 Gonzales v. Marcantel
No. 34,363 Pielhau v. State Farm
No. 34,274 State v. Nolen
No. 34,400 State v. Armijo
No. 34,443 Aragon v. State
Date Writ Issued
COA 31,513 09/14/12
COA 30,563 11/02/12
COA 31,987 12/06/12
COA 30,938 01/18/13
COA 32,274 08/30/13
12-501 08/30/13
12-501 08/30/13
COA 31,899 11/15/13
12-501 11/20/13
COA 32,139 12/20/13
12-501 02/14/14
Bar Bulletin - March 11, 2015 - Volume 54, No. 10
11
Writs of Certiorari
No. 34,522
No. 34,582
No. 34,637
No. 34,694
No. 34,669
No. 34,650
No. 34,630
No. 34,789
No. 34,769
No. 34,786
No. 34,784
No. 34,805
No. 34,798
No. 34,843
No. 34,834
No. 34,772
No. 34,726
No. 34,668
No. 34,855
No. 34,728
No. 34,812
No. 34,886
No. 34,866
No. 34,854
No. 34,830
No. 34,826
No. 34,997
No. 34,993
No. 34,978
No. 34,946
No. 34,945
No. 34,940
No. 34,929
No. 35,063
No. 35,035
No. 35,029
No. 35,016
No. 35,005
No. 34,974
No. 34,995
No. 35,069
No. 35,049
12
Hobson v. Hatch
12-501
State v. Sanchez
COA 32,862
State v. Serros
COA 31,975
State v. Salazar
COA 33,232
Hart v. Otero County Prison 12-501
Scott v. Morales
COA 32,475
State v. Ochoa
COA 31,243
Tran v. Bennett
COA 32,677
State v. Baca
COA 32,553
State v. Baca
COA 32,523
Silva v. Lovelace Health
Systems, Inc.
COA 31,723
King v.
Behavioral Home Care
COA 31,682
State v. Maestas
COA 31,666
State v. Lovato
COA 32,361
SF Pacific Trust v.
City of Albuquerque
COA 30,930
City of Eunice v. N.M. Taxation
and Revenue Dept.
COA 32,955
Deutsche Bank v.
Johnston
COA 31,503
State v. Vigil
COA 32,166
Rayos v. State
COA 32,911
Martinez v. Bravo
12-501
Ruiz v. Stewart
12-501
State v. Sabeerin COA 31,412/31,895
State v. Yazzie
COA 32,476
State v. Alex S.
COA 32,836
State v. Mier
COA 33,493
State v. Trammel
COA 31,097
T.H. McElvain Oil & Gas v.
Benson
COA 32,666
T.H. McElvain Oil & Gas v.
Benson
COA 32,666
Atherton v. Gopin
COA 32,028
State v. Kuykendall
COA 32,612
State v. Kuykendall
COA 32,612
State v. Flores
COA 32,709
Freeman v. Love
COA 32,542
State v. Carroll
COA 32,909
State v. Stephenson
COA 31,273
State v. Abeyta
COA 33,485
State v. Baca
COA 33,626
State v. Archuleta
COA 32,794
Moses v. Skandera
COA 33,002
State v. Deangelo M.
COA 31,413
Arencon v.
City of Albuquerque
COA 33,196
State v. Surratt
COA 32,881
Bar Bulletin - March 11, 2015 - Volume 54, No. 10
03/28/14
04/11/14
05/01/14
06/06/14
06/06/14
06/06/14
06/06/14
08/01/14
08/01/14
08/01/14
08/01/14
08/15/14
08/15/14
08/29/14
08/29/14
08/29/14
08/29/14
09/26/14
10/10/14
10/10/14
10/10/14
10/24/14
10/24/14
10/24/14
10/24/14
10/24/14
12/19/14
12/19/14
12/19/14
12/19/14
12/19/14
12/19/14
12/19/14
01/26/15
01/26/15
01/26/15
01/26/15
01/26/15
01/26/15
02/06/15
02/27/15
02/27/15
Certiorari Granted and Submitted to the Court:
(Submission Date = date of oral
argument or briefs-only submission)
Submission Date
No. 33,548 State v. Marquez
COA 30,565 04/15/13
No. 33,808 State v. Nanco
COA 30,788 08/14/13
COA 31,250 08/14/13
No. 33,862 State v. Gerardo P.
No. 33,969 Safeway, Inc. v.
Rooter 2000 Plumbing COA 30,196 08/28/13
No. 33,898 Bargman v. Skilled Healthcare
Group, Inc.
COA 31,088 09/11/13
No. 33,884 Acosta v. Shell Western Exploration
and Production, Inc.
COA 29,502 10/28/13
COA 31,421 11/14/13
No. 34,013 Foy v. Austin Capital
No. 34,085 Badilla v. Walmart
COA 31,162 12/04/13
No. 34,146 Madrid v.
Brinker Restaurant
COA 31,244 12/09/13
No. 34,093 Cordova v. Cline
COA 30,546 01/15/14
No. 34,194/34,204
King v. Faber
COA 34,116/31,446 02/24/14
No. 34,287 Hamaatsa v.
Pueblo of San Felipe
COA 31,297 03/26/14
COA 31,442 03/26/14
No. 34,120 State v. Baca
No. 34,122 State v. Steven B. consol. w/
State v. Begaye
COA 31,265/32,136 08/11/14
No. 34,499 Perez v. N.M. Workforce
Solutions Dept. COA 32,321/32,330 08/13/14
No. 34,546 N.M. Dept. Workforce Solutions v.
Garduno
COA 32,026 08/13/14
No. 34,435 State v. Strauch
COA 32,425 08/27/14
COA 32,405 08/27/14
No. 34,447 Loya v. Gutierrez
No. 34,295 Dominguez v. State
12-501 09/24/14
COA 32,335 10/01/14
No. 34,501 Snow v. Warren Power
No. 34,607 Lucero v.
Northland Insurance
COA 32,426 10/29/14
No. 34,554 Miller v. Bank of America COA 31,463 11/10/14
No. 34,516 State v. Sanchez
COA 32,994 12/17/14
No. 34,613 Ramirez v. State
COA 31,820 12/17/14
No. 34,548 State v. Davis
COA 28,219 01/14/15
No. 34,526 State v. Paananen
COA 31,982 01/14/15
No. 34,549 State v. Nichols
COA 30,783 02/25/15
Petition for Writ of Certiorari Denied:
None
Date Order Filed
Opinions
As Updated by the Clerk of the New Mexico Court of Appeals
Mark Reynolds, Chief Clerk New Mexico Court of Appeals
PO Box 2008 • Santa Fe, NM 87504-2008 • 505-827-4925
Effective February 27, 2015
Published Opinions
No. 33517 AD AD AD 5890110518, AD-HWB SNL 12-7, CITIZEN ACTION v NM ENVIRONMENT DEPT
(affirm)
2/23/2015
No. 33554 12th Jud Dist Otero CV-10-681, C WOOD v CITY OF ALAMOGORDO (affirm)
2/24/2015
No. 32525 2nd Jud Dist Bernalillo CR-10-2303, STATE v N MONTOYA (affirm)
2/25/2015
Unublished Opinions
No. 33151 2nd Jud Dist Bernalillo CV-12-3136, M ALDERETE v CITY OF ABQ
2/23/2015
No. 33380 2nd Jud Dist Bernalillo CV-12-3136, M ALDERETE v AFSCME (affirm)
2/23/2015
No. 33714 2nd Jud Dist Bernalillo CV-12-3136, S BEATTY v CITY OF ABQ (affirm)
2/23/2015
No. 33792 9th Jud Dist Curry CR-11-689, STATE v P ORTEGON (dismiss)
2/23/2015
No. 33885 12th Jud Dist Otero CR-12-509, STATE v J BUSCHALLA (affirm)
2/23/2015
No. 34121 6th Jud Dist Luna CR-13-265, STATE v J DOMINGUEZ (affirm)
2/24/2015
No. 34149 6th Jud Dist Luna CR-11-84, STATE v C VILLEGAS (reverse and remand)
2/24/2015
No. 32950 3rd Jud Dist Dona Ana DM-10-1475, P VANDERLUGT v K VANDERLUGT (dismiss)
2/25/2015
No. 34060 12th Jud Dist Lincoln CR-13-244, STATE v D FOUST (affirm)
2/25/2015
No. 34074 12th Jud Dist Lincoln CR-13-243, STATE v D FOUST (affirm)
2/25/2015
No. 34179 6th Jud Dist Luna LR-14-12, STATE v K CLAYTON (affirm)
2/26/2015
Slip Opinions for Published Opinions may be read on the Court’s website:
http://coa.nmcourts.gov/documents/index.htm
Bar Bulletin - March 11, 2015 - Volume 54, No. 10
13
Clerk’s Certificates
From the Clerk of the New Mexico Supreme Court
Joey D. Moya, Chief Clerk New Mexico Supreme Court
PO Box 848 • Santa Fe, NM 87504-0848 • (505) 827-4860
Dated Feb. 23, 2015
Clerk’s Certificate
of Address and/or
Telephone Changes
Judith Ellen Amer
N.M. Public Regulation
Commission
PO Box 1269
1120 Paseo de Peralta (87501)
Santa Fe, NM 87504
505-827-6074
[email protected]
Erika Anderson
Law Offices of
Erika E. Anderson
201 Third Street NW, Suite 500
Albuquerque, NM 87102
505-944-9039
505-944-9091 (fax)
[email protected]
Peter S. Auh
Office of the Attorney General
PO Box 1508
408 Galisteo Street (87501)
Santa Fe, NM 87504
505-827-6920
505-827-6036 (fax)
[email protected]
Erin White Bradley
Office of the Municipal
Attorney
632 W. Sixth Avenue, Suite 210
Anchorage, AK 99501
907-343-6434
907-249-7608 (fax)
[email protected]
Shelby R. Bradley
Law Offices of the
Public Defender
301 N. Guadalupe Street,
Suite 101
Santa Fe, NM 87501
505-395-2854
[email protected]
14
Deborah M. DeMack
Law Offices of
Deborah M. DeMack
9400 Holly Avenue NE, Bldg. 4
Albuquerque, NM 87122
505-471-3302
815-550-2313 (fax)
[email protected]
Patrick Lopez
Western Agriculture, Resource
and Business Advocates, LLP
1801 Rio Grande Blvd. NW,
Unit 2-C
Albuquerque, NM 87104
505-750-3060
[email protected]
Hon. James E. Templeman
Templeman and
Crutchfield, PC
113 E. Washington Avenue
Lovington, NM 88260
575-396-4927
575-396-5481 (fax)
[email protected]
Bette J. Ehlert
4300 Bryn Mawr Drive NE,
Apt. 18
Albuquerque, NM 87107
505-240-3030
[email protected]
Carlos N. Martinez
Albuquerque Business Law
1801 Rio Grande Blvd. NW,
Unit 2-C
Albuquerque, NM 87104
505-275-0016
505-246-0900 (fax)
carlosnmartinez@abqbizlaw.
com
James Joseph Torres
Office of the Attorney General
PO Box 1508
408 Galisteo Street (87501)
Santa Fe, NM 87504
505-827-6064
[email protected]
Sharon J. Fleming
N.M. Human Services Dept.
Child Support Enforcement
Division
1015 Tijeras Avenue NW,
Suite 100
Albuquerque, NM 87102
505-222-9451
505-222-9468 (fax)
[email protected]
Brian Gaddy
The Gaddy Law Firm
4420 Prospect Avenue NE
Albuquerque, NM 87110
505-889-9090
[email protected]
Marc G. Hufford
N.M. Human Services Dept.
Child Support Enforcement
Division
4363 Jager Drive NE
Rio Rancho, NM 87144
505-383-6385
[email protected]
Arash Kashanian
Albuquerque Business Law
1801 Rio Grande Blvd. NW,
Unit 2-C
Albuquerque, NM 87104
505-246-2878
505-246-0900 (fax)
[email protected]
Bar Bulletin - March 11, 2015 - Volume 54, No. 10
Jessica M. Nance
Lewis Roca Rothgerber LLP
201 Third Street NW,
Suite 1950
Albuquerque, NM 87102
505-764-5414
505-764-5497 (fax)
[email protected]
Christopher J. Noble
4835 33rd Street
San Diego, CA 92116
858-220-2945
Elaina Christine Roberts
National Center for
Victims of Crime
2000 M Street NW, Suite 480
Washington, DC 20036
202-467-8745
[email protected]
Laura E. Sanchez-Rivet
PO Box 65623
Albuquerque, NM 87193
505-433-1948
[email protected]
Cynthia S. Sikelianos
4801 Lang Avenue NE
Albuquerque, NM 87109
505-856-3591
[email protected]
Justin Robert Woolf
West Law Firm, PLLC
40 First Plaza NW, Suite 735
Albuquerque, NM 87102
505-243-4040
505-243-2888 (fax)
[email protected]
Barbara S. Arbuckle
PO Box 527
Corrales, NM 87048
505-243-6900
[email protected]
Andrew Robert Clinton
Beckmen Law Firm
4001 Bond Street
Rowlett, TX 75088
Daniel Andrew Gonzales
PO Box 947
Abiquiu, NM 87510
Ana Marie Romero Jurisson
4401 Southfield Drive SW
Albuquerque, NM 87105
[email protected]
George F. Koinis
6707 Academy Road NE,
Suite A
Albuquerque, NM 87109
505-244-4110
866-281-9813 (fax)
[email protected]
Clerk’s Certificates
Kurt J. LeVitus
LeVitus Law Office
70 E. Lake Street, #1210
Chicago, IL 60601
312-263-4567
312-263-5678 (fax)
[email protected]
Alonzo Maestas
Western Agriculture, Resource
and Business Advocates, LLP
1801 Rio Grande Blvd. NW,
Unit 2-C
Albuquerque, NM 87104
[email protected]
Clerk’s Certificate of
Withdrawal
Effective February 24, 2015:
Anne B. Ashley
PO Box 590
Jackson, WY 83001
Effective February 23, 2015:
Anthony N. Graham
22 North Street
Bath, ME 04530
Effective February 24, 2015:
Karen Dombeck Jakovac
1202 Daybreak Street
Helena, MT 59601
Dated March 2, 2015
Clerk’s Certificate
of Address and/or
Telephone Changes
Daniel E. Brannen Jr.
Brannen Law LLC
9 Glorieta Road
Santa Fe, NM 87508
505-231-4872
[email protected]
Faranak Nazari
PO Box 23298
Santa Fe, NM 87502
[email protected]
Elise F. Oviedo
National Labor Relations
Board
300 Las Vegas Blvd. South,
Suite 2-901
Las Vegas, NV 89101
702-388-6416
702-388-6248 (fax)
[email protected]
Effective February 24, 2015:
John Eddy Morrison
1 Campbell Avenue, Apt. 93
West Haven, CT 06516
Effective February 20, 2015:
Claudia L. Ray
2988 CR 4990
Quitman, TX 75783
Clerk’s Certificate
of Reinstatement to
Active Status
Laura J. Ramos
3708 W. Jacksonville Drive
Anthem, AZ 85086
505-382-2086
[email protected]
Vanessa Lynn Ray-Hodge
805 S.W. Broadway, Suite 600
Portland, OR 97205
[email protected]
Gary E. Risley
Risley Law Firm, PC
2705 Rabbitbrush Drive
Farmington, NM 87402
505-326-1776
505-326-1134 (fax)
[email protected]
Clerk’s Certificate
of Change to Inactive
Status
Effective February 24, 2015:
Elizabeth A. Martin
1000 Cordova Place, #212
Santa Fe, NM 87505
Charles A. Purdy
Purdy Law Offices
1223 S. St. Francis Drive,
Suite C
Santa Fe, NM 87505
505-984-2999
505-212-0592 (fax)
[email protected]
Armand Ramiro Velez
Office of the Sixth Judicial
District Attorney
108 E. Poplar Street
Deming, NM 88030
575-546-6526
575-546-0336 (fax)
[email protected]
In Memoriam
As of February 9, 2015:
Gilbert J. Vigil
507 Roma Avenue NW
Albuquerque, NM 87102
Effective January 1, 2015:
Sandra R. Moreno
146 Sunrise Road
Santa Fe, NM 87507
As of February 25, 2015:
Mick I.R. Gutierrez
Office of the Third Judicial
District Attorney
845 N. Motel Blvd., Suite D
Las Cruces, NM 88007
575-524-6370
575-524-6379 (fax)
[email protected]
Roberta Alicia Brito
Office of the City Attorney
PO Box 909
200 Lincoln Avenue (87501)
Santa Fe, NM 87504
505-955-6554
[email protected]
Miguel P. Campos
PO Box 31
1962 Cerro Crest Court
Los Lunas, NM 87031
505-922-5669
505-916-0472 (fax)
[email protected]
David Scott Christensen
12737 Ethelton Way
Apple Valley, MN 55124
952-913-3673
[email protected]
John Grasty Crews II
U.S. Department of Justice
Office of Policy and Legislation,
Criminal Division
950 Pennsylvania Avenue NW
Washington, DC 20530
202-514-2000
Mary Ann Cuneo
Zia Trust, Inc.
6301 Indian School Road NE,
Suite 800
Albuquerque, NM 87110
505-881-3338
505-875-0302 (fax)
[email protected]
Mark A. Curnutt
PO Box 1517
6582 E. Main Street (87402)
Farmington, NM 87499
505-278-7320
505-327-2613 (fax)
[email protected]
Bar Bulletin - March 11, 2015 - Volume 54, No. 10
15
Clerk’s Certificates
Diane Daughton
N.M. Human Services Dept.
Child Support Enforcement
Division
39 Plaza La Prensa, Suite A
Santa Fe, NM 87507
505-476-9591
505-476-6265 (fax)
[email protected]
Mary Shannon Driscoll
6095 McKinney Drive NE
Albuquerque, NM 87109
505-417-3081
maryshannondriscoll@gmail.
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Theresa Elisabeth Gheen
Office of the City Attorney
PO Box 909
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Santa Fe, NM 87504
505-955-2976
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Grieta A. Gilchrist
Jackson Lewis PC
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Suite B-260
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grieta.gilchrist@jacksonlewis.
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Environment & Natural
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16
Elena Moreno Hansen
La Morena Law, LLC
1980 E. Lohman Avenue,
Suite A
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City of Albuquerque Legal
Department
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Services Dept.
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Department
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John J. Kelly, PA
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French & Associates, PC
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Garcia Law Group LLC
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Preston Law Offices
4054 McKinney Avenue,
Suite 310
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Dylan Kenneth Lange
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Santa Fe, NM 87504
Jason S. Montclare
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Garcia Law Group LLC
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Dept.
PO Box 607
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Building 2 (88001)
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[email protected]
Recent Rule-Making Activity
As Updated by the Clerk of the New Mexico Supreme Court
Joey D. Moya, Chief Clerk New Mexico Supreme Court
PO Box 848 • Santa Fe, NM 87504-0848 • (505) 827-4860
Effective March 11, 2015
Pending Proposed Rule Changes Open for
Comment:
Comment Deadline
For 2014 year-end rule amendments that became effective December
31, 2014, please see the November 5, 2014, issue of the Bar Bulletin
or visit the New Mexico Compilation Commission’s website at http://
www.nmcompcomm.us/nmrules/NMRuleSets.aspx.
Recently Approved Rule Changes
Since Release of 2014 NMRA:
Effective Date
Children’s Court Rules and Forms
10-102
10-315
10-317
10-323
10-343
10-501A
10-565
10-566
10-567
Commencement of action. 08/31/14
Custody hearing.
07/01/14
Notice of change in placement. 08/31/14
Dismissal of a respondent or child;
08/31/14
party dismissal sheet. Adjudicatory hearing; time limits;
continuances.07/01/14
Abuse and neglect party information sheet. 08/31/14
Advance notice of change of placement.
08/31/14
Emergency notice of change of placement. 08/31/14
Abuse and neglect party dismissal sheet.
08/31/14
Rules of Appellate Procedure
12-206A Expedited appeals from Children’s Court
custody hearings.
12-303 Appointment of counsel.
07/01/14
07/01/14
Rules Governing Admission to the Bar
15-102 Admission requirements.
15-103Qualifications.
15-105 Application fees.
15-107 Admission by motion.
06/01/15
06/01/15
06/01/15
06/01/15
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23-109
Chief judges.
04/23/14
To view all pending proposed rule changes (comment period open or closed),
visit the New Mexico Supreme Court’s website at http://nmsupremecourt.nmcourts.gov.
To view recently approved rule changes, visit the New Mexico Compilation Commission’s website
at http://www.nmcompcomm.us.
Bar Bulletin - March 11, 2015 - Volume 54, No. 10
17
Advance Opinions
http://www.nmcompcomm.us/
From the New Mexico Supreme Court and Court of Appeals
From the New Mexico Supreme Court
Opinion Number: 2015-NMSC-002
JEFFREY POTTER,
Plaintiff-Petitioner,
v.
CHRIS PIERCE, WILLIAM DAVIS, DAVIS & PIERCE, P.C., and JOHN DOE LAW
FIRM,
Defendants-Respondents
No. 34,365 (filed January 8, 2015)
ORIGINAL PROCEEDING ON CERTIORARI
CARL J. BUTKUS, District Judge
DAYMON B. ELY
LAW OFFICE OF DAYMON ELY
Albuquerque, New Mexico
WILLIAM GRANT GILSTRAP, II
LAW OFFICE OF WILLIAM G. GILSTRAP
Albuquerque, New Mexico
for Petitioner
Opinion
Charles W. Daniels, Justice
{1}Res judicata is a judicially created
doctrine designed to promote efficiency
and finality by giving a litigant only one
full and fair opportunity to litigate a claim
and by precluding any later claim that
could have, and should have, been brought
as part of the earlier proceeding. In this
case, we examine the preclusive effect of a
fee proceeding in bankruptcy court on a
later lawsuit for legal malpractice allegedly
committed in the course of the bankruptcy.
We hold that the elements of res judicata
are met and that Petitioner was sufficiently
aware of his malpractice claim, which he
could and should have brought in the
bankruptcy proceeding. We affirm the
dismissal of Petitioner’s subsequent malpractice suit but emphasize that barring a
claim on res judicata grounds requires a
determination that the claimant had a full
and fair opportunity to litigate the claim
in the earlier proceeding.
I.BACKGROUND
{2} One month prior to filing for voluntary
Chapter 11 bankruptcy on May 19, 2005,
Petitioner Jeffery Potter sold his interest
in a limited partnership known as Monte
18
PETE V. DOMENICI, JR.
LORRAINE HOLLINGSWORTH
DOMENICI LAW FIRM, P.C.
Albuquerque, New Mexico
for Respondents
Mac. Petitioner was represented in the
bankruptcy proceedings by Respondents.
During these proceedings, Petitioner,
through Respondents as counsel, filed his
schedules and his statement of financial
affairs (SOFA). The SOFA requires that
the debtor list all property transferred
within the year immediately preceding the
bankruptcy petition, other than property
transferred in the ordinary course of business or financial affairs. See Official and
Procedural Bankruptcy Forms, Form 7,
11 U.S.C. (2003). Petitioner testified under
oath that he had reviewed the schedules
and the SOFA and that they were true
and correct. Neither the schedules nor the
SOFA listed Petitioner’s sale of the Monte
Mac interest.
{3} Referring to “a fundamental disagreement,” Respondents filed a motion to withdraw as counsel for Petitioner, which the
bankruptcy court granted one year after
Petitioner’s Chapter 11 filing. After moving
for withdrawal, Respondents also filed an
application for fees, to which Petitioner
filed an objection on May 22, 2006. The
objection from Petitioner did not specifically mention the undisclosed Monte Mac
transfer but alleged, among other things,
that Respondents had threatened Petitioner with their withdrawal, had caused
Bar Bulletin - March 11, 2015 - Volume 54, No. 10
Petitioner to file inaccurate financial disclosures, and had obtained his signature on
these disclosures by fraud. The bankruptcy
court held a fee hearing on April 10, 2007.
After hearing objections, the bankruptcy
court analyzed billing records and disallowed some fees as excessive, duplicative,
clerical, or administrative in nature. The
bankruptcy court approved the rest in a
final fee award entered on June 4, 2007,
addressing the services performed, rates
charged, and time billed but not specifically mentioning the allegations made in
the objections. Petitioner did not appeal or
move the bankruptcy court to reconsider
its judgment.
{4}Following Respondents’ withdrawal,
the bankruptcy court converted Petitioner’s bankruptcy from Chapter 11 to
Chapter 7. When questioned about the
Monte Mac sale on the day after the fee
hearing and prior to the entry of the final
fee judgment, Petitioner testified to his
creditors that he had owned an interest in
Monte Mac but had sold it for $72,000 and
could not recall when he sold it.
{5}On March 21, 2008, Petitioner filed
a motion in bankruptcy court alleging
damages from malpractice that included
over one million dollars for his exposure
to a denial of his discharge.
{6}Petitioner never filed an amended
schedule or SOFA to include the sale of
his interest in the Monte Mac partnership. Finding this to be a knowing and
fraudulent omission, the bankruptcy court
denied the discharge of Petitioner’s debts
on June 23, 2009.
{7}Petitioner then brought a separate
action for legal malpractice, breach of
fiduciary duty, and misrepresentation in
the Second Judicial District Court. In his
complaint, Petitioner made broad allegations of malpractice against Respondents.
Respondents moved to dismiss Petitioner’s
complaint as barred by the res judicata
effect of the bankruptcy court fee award.
Petitioner responded that his malpractice
claim had not accrued until he had been
denied a discharge, because until then he
had not suffered injury, and so approval
of the fee award did not bar his claim. The
district court found that this argument
“fails on the facts” because Petitioner
alleged both malpractice and damages
sustained from that malpractice in the
bankruptcy fee proceedings and in subsequent pleadings prior to the denial of
his discharge. The district court granted
Advance Opinions
summary judgment for Respondents on
grounds of res judicata. Petitioner appealed, the Court of Appeals affirmed,
and we granted certiorari. Potter v. Pierce,
2014-NMCA-002, ¶ 1, 315 P.3d 303, cert.
granted, 2013-NMCERT-011.
II. STANDARD OF REVIEW
{8}Summary judgment is appropriate
where there are no genuine issues of
material fact and the movant is entitled
to judgment as a matter of law. Zamora v.
St. Vincent Hosp., 2014-NMSC-035, ¶ 9,
335 P.3d 1243; Rule 1-056(C) NMRA. We
review a grant of summary judgment de
novo. Zamora, 2014-NMSC-035, ¶ 9. In
reviewing an order on summary judgment,
we examine the whole record, considering the facts and drawing all reasonable
inferences in a light most favorable to
the nonmoving party. Id. “Whether the
elements of claim preclusion are satisfied
is a legal question, which we [also] review
de novo.” Kirby v. Guardian Life Ins. Co.
of Am., 2010-NMSC-014, ¶ 61, 148 N.M.
106, 231 P.3d 87.
III.DISCUSSION
{9}Petitioner argues that New Mexico
precedent does not allow a nonadversarial
fee proceeding to preclude a later claim
for legal malpractice; and he reasons that
because he did not suffer any injury until
the denial of his discharge, his malpractice
claim could not have been brought earlier.
{10} “[R]es judicata is designed to relieve
parties of the cost and vexation of multiple lawsuits, conserve judicial resources,
. . . prevent [] inconsistent decisions, [and]
encourage reliance on adjudication.” Computer One, Inc. v. Grisham & Lawless, P.A.,
2008-NMSC-038, ¶ 31, 144 N.M. 424, 188
P.3d 1175 (alterations in original) (internal
quotation marks and citation omitted).
Federal law and New Mexico law are consistent on the general standards governing
claim preclusion. Deflon v. Sawyers, 2006NMSC-025, ¶ 2, 139 N.M. 637, 137 P.3d
577. A party asserting res judicata or claim
preclusion must establish that (1) there was
a final judgment in an earlier action, (2)
the earlier judgment was on the merits, (3)
the parties in the two suits are the same,
and (4) the cause of action is the same in
both suits. Kirby, 2010-NMSC-014, ¶ 61.
In addition to those elements, as we discuss in this opinion, res judicata will preclude a malpractice claim only if the claim
reasonably could and should have been
brought during the earlier proceeding. The
decision rests on the prior opportunity to
litigate, and neither the type of proceeding
nor the damages sought are determinative.
http://www.nmcompcomm.us/
We address the two elements contested by
Petitioner, whether the cause of action was
the same in both proceedings and whether
Petitioner’s malpractice claim could and
should have been brought in the bankruptcy proceedings.
The Legal Malpractice Claim
A.
Involves the Same Cause of Action
for Res Judicata Purposes as the
Fee Claim Because Both Were
Based on the Nature and Quality
of Respondents’ Legal Services
During the Bankruptcy
Representation
{11} Both the Tenth Circuit and New
Mexico have adopted the transactional
approach in analyzing the single-causeof-action element of res judicata. See
Petromanagement Corp. v. Acme-Thomas
Joint Venture, 835 F.2d 1329, 1335-36 (10th
Cir. 1988) (adopting the Restatement
(Second) of Judgments §§ 24-25 (1982)
in determining what constitutes a single
cause of action for res judicata purposes in
the Tenth Circuit); Three Rivers Land Co. v.
Maddoux, 1982-NMSC-111, ¶ 27, 98 N.M.
690, 652 P.2d 240 (same in New Mexico),
overruled on other grounds by Universal
Life Church v. Coxon, 1986-NMSC-086, ¶
9, 105 N.M. 57, 728 P.2d 467. The transactional approach considers all issues arising
out of a “common nucleus of operative
facts” as a single cause of action. Anaya
v. City of Albuquerque, 1996-NMCA-092,
¶ 8, 122 N.M. 326, 924 P.2d 735 (internal
quotation marks and citation omitted).
The facts comprising the common nucleus should be identified pragmatically,
considering (1) how they are related in
time, space, or origin, (2) whether, taken
together, they form a convenient trial unit,
and (3) whether their “treatment as a single
unit conforms to the parties’ expectations
or business understanding or usage.” Id. ¶
12.
{12} Neither New Mexico nor the Tenth
Circuit has specifically considered the
preclusive effect of a final fee award in
bankruptcy court on a later action for legal
malpractice, but other jurisdictions that
have addressed this issue have uniformly
concluded that they are the same cause
of action for the purposes of res judicata.
See, e.g., Capitol Hill Group v. Pillsbury,
Winthrop, Shaw, Pittman, LLC, 569 F.3d
485, 491 (D.C. Cir. 2009) (holding that a
fee application in bankruptcy court and a
malpractice claim based on the same legal
services arise out of the same nucleus of
facts and satisfy the cause-of-action identity requirement of res judicata); Grausz
v. Englander, 321 F.3d 467, 473 (4th Cir.
2003) (holding that fee applications and a
legal malpractice claim based on the same
representations arose from the same core
of operative facts); Iannochino v. Rodolakis
(In re Iannochino), 242 F.3d 36, 46-49 (1st
Cir. 2001) (holding that a fee application
and a malpractice claim based on the same
representation met the cause-of-action
identity requirement of res judicata); Osherow v. Ernst & Young, LLP (In re Intelogic
Trace, Inc.), 200 F.3d 382, 388-89 (5th Cir.
2000) (holding that a fee application and
a trustee’s malpractice claims concerned
the same nucleus of operative facts and
met the transactional test); Breslin Realty
Dev. Corp. v. Shaw, 893 N.Y.S.2d 95, 100
(N.Y. App. Div. 2010) (holding that res
judicata barred a malpractice claim based
on legal services considered in a prior
claim for fees, litigated and awarded, for
the alleged-negligent services); Stangel v.
Perkins, 87 S.W.3d 706, 710-11 (Tex. App.
2002) (holding that fee-application and
malpractice claims based on the same representations concerned the same nucleus
of operative facts and met the transactional
test). Under the United States Bankruptcy
Code, the bankruptcy court must consider
“the nature, the extent, and the value” of
services to determine reasonable compensation before awarding fees. See 11 U.S.C.
§ 330(a)(3) (2012). In these cases, courts
have reasoned that because an action for
legal malpractice concerns the same issues
of quality necessarily considered by the
bankruptcy court, the claims are based on
the same cause of action.
{13} Although not in the bankruptcy
context, New Mexico cases have also concluded that a claim for attorney fees can
have a res judicata effect on a later claim for
malpractice. In Brunacini v. Kavanagh, the
Court of Appeals determined that a suit for
legal fees and a later suit for malpractice
had a common origin and subject matter. See 1993-NMCA-157, ¶ 21, 117 N.M.
122, 869 P.2d 821. In Moffat v. Branch, the
Court of Appeals affirmed a res judicata
bar applied to a contract-related claim
for attorney fees in the state district court
after a federal court denied the attorney
a charging lien, concluding that the two
claims arose from the common nucleus
of the attorney’s representation in the
underlying case. See 2005-NMCA-103, ¶¶
17-21, 138 N.M. 224, 118 P.3d 732. In Bennett v. Kisluk, addressing res judicata under
the compulsory counterclaim provisions
of Rule 1-013 NMRA, the three-justice
majority acknowledged that a claim for
Bar Bulletin - March 11, 2015 - Volume 54, No. 10
19
Advance Opinions
attorney fees was “related substantially
enough” to bar a later action for malpractice. See 1991-NMSC-060, ¶ 10, 112 N.M.
221, 814 P.2d 89.
{14} We hold here that this reasoning
extends to claims of malpractice after a
bankruptcy fee proceeding concerning the
same legal services. Petitioner’s two claims
are rooted in a common nucleus of operative facts. The claim for legal malpractice
concerns the same service period and alleged deficiencies in the same legal services
that were the subject of the bankruptcy fee
proceeding. Petitioner’s claims would have
formed a convenient trial unit because the
bankruptcy court is already required to
consider the quality of these services in
determining the appropriate fees and has
procedures available to hear objections
and institute an adversarial proceeding if
necessary. See 11 U.S.C. § 330(a)(1), (3)-(4)
(requiring the bankruptcy court to determine that legal services were necessary and
reasonable before approving fees); Fed. R.
Bankr. P. 9014(a), (c) (2004) (requiring
notice and the opportunity for a hearing
in a contested matter and outlining the
procedural rules that will apply). Treatment as a single unit would also conform
to the parties’ expectations because objections to services rendered must be raised
in response to fee applications, see Fed. R.
Bankr. P. 9014(a), advisory committee’s
note (2004), and because Petitioner did
raise malpractice allegations in his objections to Respondents’ fees. For claim preclusion purposes, Petitioner’s malpractice
claim constitutes the same cause of action
as the earlier fee proceeding in bankruptcy
court.
B.Res Judicata Precludes Petitioner’s
Malpractice Claim Because He
Had a Full and Fair Opportunity
to Litigate It in the Bankruptcy Fee
Proceeding
{15} Even if two actions are the same
under the transactional test and all other
elements are met, res judicata does not bar
a subsequent action unless the plaintiff
could and should have brought the claim
in the former proceeding. In re Intelogic
Trace, Inc., 200 F.3d at 388; see also Bank
of Santa Fe v. Marcy Plaza Assocs., 2002NMCA-014, ¶¶ 24-27, 131 N.M. 537, 40
P.3d 442 (discussing in consideration of
res judicata whether a party was aware at
a prior proceeding of its claim of overpayments). “Res judicata is a judicial creation
ultimately intended to serve the interests
of justice.” Kirby, 2010-NMSC-014, ¶ 65
(italics omitted). “[A] party’s full and fair
20
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opportunity to litigate is the essence of res
judicata.” Brooks Trucking Co. v. Bull Rogers, Inc., 2006-NMCA-025, ¶ 11, 139 N.M.
99, 128 P.3d 1076. The adjudication of fees
does not provide a safe haven to lawyers
or other professionals later charged with
malpractice. To the contrary, res judicata
will only preclude a malpractice claim if
the facts demonstrate that it could and
should have been brought during the
earlier proceeding.
{16} After a bankruptcy fee hearing and
after determining cause-of-action identity under the transactional test, federal
courts have considered additional factors
in determining whether res judicata bars
a subsequent malpractice claim. These factors “include whether the fee hearing was
an adversary proceeding or contested matter, the nexus between the order awarding
[professional] fees and the claims now being asserted, and ‘the amount of time that
has elapsed since the case commenced.’”
In re Intelogic Trace, Inc., 200 F.3d at 388
(quoting In re Howe, 913 F.2d 1138, 1146
n.28 (5th Cir. 1990) (discussing the res
judicata effect of bankruptcy court confirmation of a reorganization plan on a later
claim in a state court for lender liability)).
The fundamental determination is the
fairness of preclusion under the totality of
the circumstances in each case. This determination rests on the prior opportunity to
litigate, and neither the type of proceeding
nor the damages sought are determinative.
See, e.g., In re Howe, 913 F.2d at 1146 &
n.28 (“We do not intimate that whether
an adversary proceeding preceded a
confirmation hearing is a litmus test for
determining whether the action is barred
by res judicata . . . . The critical question
for res judicata purposes is whether the
party could or should have asserted the
claim in the earlier proceeding. Whether
the proceeding was an adversary proceeding or contested matter, however, may be
an important factor in determining if the
claim could or should have been effectively
litigated in the earlier proceeding.”).
{17} Petitioner asserts, relying on this
Court’s opinion in Computer One, that
litigation on the issue of attorney fees
based on a motion or lien can have no
preclusive effect on a later claim for malpractice. Computer One reversed a grant
of summary judgment that had precluded
a legal malpractice claim because of the
earlier approval of an attorney’s charging lien in a suit between the client and a
tortfeasor to which the attorney was not
a party. 2008-NMSC-038, ¶¶ 1-3. Com-
Bar Bulletin - March 11, 2015 - Volume 54, No. 10
puter One followed Bennett to prohibit
using Rule 1-013(A) to preclude claims of
legal malpractice after nonadversarial fee
proceedings because that Rule, applicable
only to “‘opposing parties’” to an action,
requires a formal adversarial relationship
in order to give such parties fair notice
of the obligation to assert all defenses or
compulsory counterclaims. Computer One,
2008-NMSC-038, ¶¶ 23-25. Although the
Computer One Court reserved judgment
as to whether broader concepts of res
judicata would apply, it did not expressly
decide that issue because the defendant
law firm had conceded in the earlier fee
proceeding that the plaintiff client would
be able to bring a later malpractice suit.
Id. ¶ 36 & n.3. Accordingly, Computer One
did not determine the issue now before us,
whether res judicata will bar a later claim
that could have been litigated in an earlier
proceeding initiated by a motion for attorney fees. See Fernandez v. Farmers Ins. Co.
of Ariz., 1993-NMSC-035, ¶ 15, 115 N.M.
622, 857 P.2d 22 (stating the general rule
that “cases are not authority for propositions not considered” (internal quotation
marks and citation omitted)).
{18} In the Rule 1-013 analysis in Bennett that Computer One relied on, the
Bennett majority did suggest a possible
distinction between the res judicata effect
of a motion for fees and that of a separate
fee lawsuit, but Bennett cited no authority
for this distinction beyond the “opposing party” wording of our compulsory
counterclaim rule and did not address
long-established principles of res judicata
beyond the requirements of Rule 1-013.
Bennett, 1991-NMSC-060, ¶ 10. To the
extent that Bennett could suggest such
a rigid distinction, we clarify here that
the application of res judicata does not
depend on whether an earlier claim for
fees is initiated procedurally through a
motion or as a separate lawsuit, although
the type of proceeding may be a factor in
determining if the subsequent claim could
or should have been litigated earlier. The
reasoning of Bennett and Computer One
concerning Rule 1-013 does not apply
equally to the general principles of res
judicata at issue here because the notion
of fairness is built into the doctrine of
res judicata and must be independently
considered in its application. Allowing
the type of proceeding to be determinative would defeat the broad case-by-case
analysis required to determine whether
there has already been a full and fair opportunity to litigate a claim.
Advance Opinions
{19} Petitioner does not argue that his
earlier bankruptcy fee proceeding did
not allow him to bring a malpractice
claim, and it is clear that under federal
law bankruptcy court procedures would
have allowed such a claim. See, e.g., Capitol
Hill Group, 569 F.3d at 489-90 (holding
that malpractice claims stemming from
services provided in bankruptcy proceedings fall within the jurisdiction of the
bankruptcy court); Grausz, 321 F.3d at 474
(holding that a claim for affirmative relief
from malpractice could have been filed in
bankruptcy court with an objection to a
fee application); In re Intelogic Trace, Inc.,
200 F.3d at 389-91 (recognizing that a fee
application in bankruptcy court is a contested matter to which an objection may
be filed and that an affirmative malpractice
claim may be filed with such an objection
to initiate an adversary proceeding, and
holding that bankruptcy court procedures
would allow a malpractice claim to be effectively asserted).
{20} Petitioner contends that because
his bankruptcy discharge was not denied
until more than two years after the proceeding to determine Respondents’ fees,
he was unable during the fee hearing to
bring the particular malpractice claim he
alleges here, the failure to list the transfer
of the Monte Mac asset in his bankruptcy
schedules, because he had not yet suffered
injury from that omission. In New Mexico,
a malpractice claim accrues when the
plaintiff suffers actual injury and discovers,
or through the exercise of reasonable diligence should discover, the facts essential to
the claim. Sharts v. Natelson, 1994-NMSC114, ¶ 11, 118 N.M. 721, 885 P.2d 642.
Although Petitioner clearly alleged malpractice in his objection to Respondents’
fees, the factual nature of those allegations
is distinct from the failure to list the Monte
Mac asset, the claim at issue here. And to
bar this malpractice claim, Petitioner must
have been specifically aware of the failure
to list Monte Mac in his bankruptcy schedules, must have suffered injury attributable
http://www.nmcompcomm.us/
to that failure, and must have been aware
of that injury. However, the requirement
that Petitioner suffered injury does not
mean, as Petitioner now asserts, that he
could not have brought this claim until his
discharge was denied. Bankruptcy courts
do not have discretion to deny discharge to
a debtor unless certain rules of that court
are violated, including the knowing and
fraudulent failure to declare an asset. See
11 U.S.C. § 727(a)(4) (2012) (listing exceptions to mandatory discharge). By failing
to list the transfer of the Monte Mac asset,
Petitioner was exposed to the possibility
that his bankruptcy discharge could be denied. This exposure was the loss of a legal
right to have his debts discharged, in itself
an actual injury. See Sharts, 1994-NMSC114, ¶ 12 (“[W]hen malpractice results in
the loss of a right, remedy, or interest, or
in the imposition of a liability, there has
been actual injury.” (internal quotation
marks and citation omitted)).
{21} The record shows that Petitioner was
aware of the sale of his interest in Monte
Mac because that sale occurred only one
month prior to his filing for bankruptcy.
He was or should have been aware that
this sale was not listed in his bankruptcy
schedules because he reviewed those
schedules and testified to their accuracy.
He was also aware that those schedules
were not accurate because he stated in his
objection to Respondents’ fee application,
filed May 22, 2006, that he had instructed
Respondents to withdraw his disclosure
statement because it did not accurately
depict his financial affairs. Finally, he was
aware that the failure to disclose this transfer exposed him to a denial of discharge
because he was questioned by creditors
regarding the sale and because he alleged
this denial of discharge as damages attributable to malpractice in a motion to the
bankruptcy court filed before the actual
denial of his discharge.
{22} We agree with the courts below
that Petitioner was aware of his claim and
could and should have brought that claim
in the bankruptcy proceeding. Petitioner
alleged malpractice based on inaccuracies
in his financial disclosures a year before
the bankruptcy fee hearing. While the
questioning regarding Monte Mac did take
place after the fee hearing, it was only one
day later and was before the entry of the
final fee judgment. Even after the entry of
that judgment, Petitioner had the opportunity to move for a new trial, to move to
alter or amend the judgment, or to appeal.
See Fed. R. Bankr. P. 9023 (1983) (applying
Fed. R. Civ. P. 59 (1995) (allowing a motion for a new trial, Subsection (b), or the
alteration or amendment of a judgment
within 10 days of the entry of judgment,
Subsection (e))); Fed. R. Bankr. P. 8002(a)
(1997) (allowing a notice of appeal to be
filed within 10 days after the entry of judgment). Petitioner’s motion alleging the
potential for a denial of discharge as damages from malpractice was filed over a year
before the actual denial of his discharge
and less than a year after the fee judgment,
at which point he could still have requested
postjudgment relief. See Fed. R. Bankr. P.
9024 (1991) (applying Fed. R. Civ. P. 60(b)
(1987) (allowing relief from final judgment
due to newly discovered evidence within
one year of the entry of judgment)). We
therefore conclude that Petitioner had
a full and fair opportunity to litigate his
malpractice claim in the bankruptcy court
and that res judicata applies to preclude it
in this second proceeding.
IV.CONCLUSION
{23} We affirm the grant of summary
judgment to Respondents.
{24} IT IS SO ORDERED.
CHARLES W. DANIELS, Justice
WE CONCUR:
BARBARA J. VIGIL, Chief Justice
PETRA JIMENEZ MAES, Justice
RICHARD C. BOSSON, Justice
LINDA M. VANZI, Judge
Bar Bulletin - March 11, 2015 - Volume 54, No. 10
21
Advance Opinions
http://www.nmcompcomm.us/
From the New Mexico Court of Appeals
Opinion Number: 2015-NMCA-010
ROLAND LUCERO and
R & L STRAIGHTLINE TILE, LLC a/k/a R & L STRAIGHTLINE TILE,
Plaintiffs-Appellants,
v.
RICHARD SUTTEN,
Defendant-Appellee
Docket No. 32,901 (filed October 20, 2014)
APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY
ALAN M. MALOTT, District Judge
DAYMON B. ELY
LAW OFFICES OF DAYMON B. ELY
Albuquerque, New Mexico
STEVEN L. TUCKER
TUCKER LAW FIRM, P.C.
Santa Fe, New Mexico
for Appellee
WILLIAM GILSTRAP
Albuquerque, New Mexico
for Appellants
Opinion
Linda M. Vanzi, Judge
{1}The Memorandum Opinion filed in
this case on September 29, 2014, is hereby
withdrawn, and this Opinion is substituted
in its place.
{2} Roland Lucero and his company, R &
L Straightline Tile, (collectively, Plaintiff)
appeal from a judgment entered in favor
of Defendant Richard Sutten following a
bench trial on the issue of legal malpractice. The district court found that Defendant negligently failed to apprise Plaintiff
of the dangers of providing an unsecured
$300,000 loan to a Las Vegas development
company. However, the district court applied the doctrine of independent intervening cause, a defense that had not been
previously raised in Defendant’s proposed
findings prior to trial, and concluded that
the real estate market collapse of the midto-late 2000s severed the connection between Defendant’s professional negligence
and Plaintiff ’s damages claimed therefrom.
On appeal, Plaintiff argues that the district
court erred in applying the doctrine of
independent intervening cause to these
facts. We agree. We reverse and remand
for consideration of damages in light of
this Opinion.
BACKGROUND
{3} The district court’s following findings
of fact in this case are not challenged on
22
appeal. Plaintiff was able to amass substantial savings in the course of his business
in the tile industry. In February 2008,
Plaintiff was approached by Mark Brady,
an old friend, about loaning $300,000 to
a developer for a mixed-use real estate
development project in Las Vegas, Nevada.
By the terms of the proposed “bridge loan,”
Plaintiff was to receive a $360,000 payment
one month after making the loan. Brady,
who was also the friend of an officer of the
development company, stood to receive a
“finder’s fee” of up to $30,000 for assisting in the transaction. These terms were
contained in a document entitled “Secured
Promissory Note,” (the Note) which was
forwarded to Brady by the developer.
{4}Brady suggested to Plaintiff that Defendant, a licensed attorney, review the
document on Plaintiff ’s behalf. Defendant
reviewed and made minor changes to
the document without notifying Plaintiff
that the purported the Note did not, in
fact, create any security interest. Nor did
Defendant apprise Plaintiff of any of the
inherent risks involved in engaging in
such a transaction. Instead, Defendant
returned the Note with his edits to Brady
but did not communicate directly with
Plaintiff. Shortly after making the loan, the
real estate market in Las Vegas, Nevada,
suffered a “cataclysmic decline,” and the
Las Vegas developer filed for bankruptcy.
Plaintiff was never repaid any portion of
the loan he had made because the senior
Bar Bulletin - March 11, 2015 - Volume 54, No. 10
lienholder’s interests exceeded the value
of the secured property after the market
collapse.
{5}Plaintiff sued Defendant for professional malpractice, and the district court
held a bench trial on the merits. The
district court found that the parties had
entered into an attorney-client relationship
and that Defendant’s actions fell below
the standard of care and were negligent
because he failed to adequately review the
Note or advise Plaintiff about the nature
and dangers of the proposed transaction.
Nevertheless, the district court found that
the decline in the Las Vegas real estate
market operated as an independent intervening cause, severing the connection between Defendant’s professional negligence
and Plaintiff ’s losses. This appeal followed.
DISCUSSION
Standard of Review
{6}At the outset, the parties disagree
about the standard of review we should
apply in this case. Plaintiff contends that
this matter should be reviewed de novo,
while Defendant argues that Plaintiff “gets
off on the wrong foot with the standard
of review” and that we should instead
determine whether the factual issues are
supported by substantial evidence. We
agree with Plaintiff. While the determination of whether something is an independent intervening cause is a question of
fact, Govich v. North American Systems,
Inc., 1991-NMSC-061, ¶ 24, 112 N.M.
226, 814 P.2d 94, this appeal, involving
undisputed facts, presents a question of
law: whether the doctrine of independent
intervening cause should have even been
considered by the fact finder in the first
place. We have previously reviewed this
issue de novo in cases tried by juries, see,
e.g., Chamberland v. Roswell Osteopathic
Clinic, Inc., 2001-NMCA-045, ¶ 11, 130
N.M. 532, 27 P.3d 1019, and we see no
reason to afford a more deferential review
when the fact finding is conducted by a
judge. Johnson v. Yates Petroleum Corp.,
1999-NMCA-066, ¶ 3, 127 N.M. 355, 981
P.2d 288 (stating that when the relevant
facts are undisputed, the legal interpretation of those facts is reviewed de novo on
appeal). We therefore review the district
court’s decision to apply the doctrine of
independent intervening cause de novo.
The Doctrine of Independent
Intervening Cause Should Not Have
Been Considered by the Fact Finder
{7}Plaintiff makes two arguments on
appeal: (1) that the district court incorrectly applied the doctrine of independent
Advance Opinions
intervening cause and (2) that the district
court’s decision creates immunity for a
person or entities whose negligence caused
harm. Because our reversal is based on
the issue of the independent intervening
cause, we need not reach Plaintiff ’s second
argument. Before turning to our analysis,
however, we note again one curious aspect
of the district court’s decision. Our review
of the record indicates that Defendant
did not raise the doctrine of independent
intervening cause in his pre-trial findings
and conclusions or during the trial, including during closing argument. It was only
after the district court raised the doctrine
sua sponte in his letter decision that Defendant added to his post-trial findings
and conclusions that the “market collapse
was an independent intervening force”
that severed the connection between Defendant’s negligence and Plaintiff ’s losses.
Accordingly, the doctrine, which then
became part of the district court’s findings
and conclusions, was never properly raised
by Defendant or argued by the parties below. See Chamberland, 2001-NMCA-045, ¶
25 (noting that it was the defendant’s duty
to request an instruction and present the
issue of independent intervening cause
to the jury). Notwithstanding the lack of
a fully developed record on the issue, we
proceed to address the district court’s ruling.
{8} “The elements of legal malpractice are:
(1) the employment of the defendant attorney; (2) the defendant attorney’s neglect of
a reasonable duty; and (3) the negligence
resulted in and was the proximate cause of
loss to the client.” Encinias v. Whitener Law
Firm, P.A., 2013-NMSC-045, ¶ 8, 310 P.3d
611 (alteration, internal quotation marks,
and citation omitted). At trial, the district
court found that the first two elements of
representation and negligence were met,
but it concluded that the collapse of the
real estate market in Las Vegas, Nevada,
constituted an independent intervening
cause, severing Defendant’s negligence
from Plaintiff ’s losses. As a result, the
sole issue before this Court is the third
element, proximate cause. See Torres v. El
Paso Elec. Co., 1999-NMSC-029, ¶ 17, 127
N.M. 729, 987 P.2d 386 (“A finding of an
independent intervening cause represents
a finding against the plaintiff on proximate
cause[.]”), overruled on other grounds by
Herrera v. Quality Pontiac, 2013-NMSC018, 134 N.M. 43, 73 P.3d 181.
{9}“An independent intervening cause
is a cause which interrupts the natural
sequence of events, turns aside their cause,
http://www.nmcompcomm.us/
prevents the natural and probable results of
the original act or omission, and produces
a different result, that could not have been
reasonably foreseen.” Id. ¶ 12 (internal
quotation marks and citation omitted). In
Torres, our Supreme Court recognized that
the doctrine is incompatible with our system of comparative negligence and potentially in conflict with our use of several liability. See id. ¶¶ 18-19. Thus, our appellate
courts have “virtually eliminated” the
doctrine’s application in cases involving
only negligent, as opposed to intentional,
conduct. Silva v. Lovelace Health Sys., Inc.,
2014-NMCA-086, ¶ 14, 331 P.3d 958, cert.
granted, 2014-NMCERT-008, 334 P.3d
425. While the defense may still be available in limited cases, for example where
the alleged intervening cause is a “force
of nature”—the sort of event that “cannot
be prevented by human care, skill or foresight”—Chamberland, 2001-NMCA-045,
¶ 24 (internal quotation marks and citation
omitted), for the reasons discussed below,
we find it unnecessary to decide whether
“market decline” constitutes a force of
nature in this case.
{10} When the intervening cause does
not involve intentional conduct, New Mexico follows the rule that “any harm which
is in itself foreseeable, as to which the actor
has created or increased the recognizable
risk, is always proximate, no matter how it
is brought about.” Andrews v. Saylor, 2003NMCA-132, ¶ 22, 134 N.M. 545, 80 P.3d
482 (alteration, internal quotation marks,
and citation omitted). Thus, the doctrine
is inapplicable in New Mexico in cases
where a non-intentional intervening force
causes the same harm as that risked by the
actor’s conduct. See Collins ex rel. Collins
v. Perrine, 1989-NMCA-046, ¶ 19, 108
N.M. 714, 778 P.2d 912 (“An independent
intervening cause is a cause that interrupts the natural sequence of events and
produces a different result that could not be
reasonably foreseen.”). The principle cited
in Andrews, Torres, and Collins is adopted
from the Restatement (Second) of Torts,
which applies equally to forces of nature:
If the actor’s conduct has created
or increased the risk that a particular harm to the plaintiff will
occur, . . . it is immaterial to the
actor’s liability that the harm is
brought about in a manner which
no one in his position could possibly have been expected to foresee or anticipate. This is true not
only where the result is produced
by the direct operation of the
actor’s conduct upon conditions
or circumstances existing at the
time, but also where it is brought
about through the intervention of
other forces which the actor could
not have expected, whether they
be forces of nature, or the actions
of animals, or those of third persons which are not intentionally
tortious or criminal.
Section 442B cmt. b (1965) (emphasis
added).
{11} Our application of Restatement
(Second) of Torts Section 442B to an allegedly intervening force in the legal malpractice context of Collins is instructive. In
Collins, the defendant-attorney negligently
settled a complex medical malpractice case
without performing a minimum level of
discovery. 1989-NMCA-046, ¶ 13. After
settling with the original defendants, the
plaintiffs sued Indian Health Services
(IHS) in federal court and obtained a
much larger judgment, with damages apportioned between IHS and the original
defendants. Id. ¶ 8. Despite the previous
settlement with the original defendants,
the plaintiffs’ attorney planned on collecting all damages from IHS through
principles of joint and several liability.
Id. ¶ 16. However, while the second suit
was pending, New Mexico abolished the
concept of joint and several liability. Id.
¶ 17. Thus, as a result of the attorney’s
negligence in settling the original case,
together with the change in state tort law,
the plaintiffs were unable to collect a substantial portion of the damages awarded
in the federal judgment. Id. ¶ 8.
{12} At trial for legal malpractice and on
appeal, the defendant-attorney in Collins
argued that the unforeseeable change in
the law acted as an independent intervening cause. Id. ¶¶ 16-18. This Court rejected
that argument, stating:
The Restatement of Torts addresses this
point clearly. In Section 442B, the Restatement explains that where the negligent
conduct of an actor creates or increases the
risk of a particular harm and is a substantial factor in causing that harm, the fact
that the harm is brought about through
the intervention of another force does not
relieve the actor of liability.
Collins, 1989-NMCA-046, ¶ 20. Applying
Restatement (Second) of Torts Section
442B, we reasoned that the attorney’s
negligence created a particular risk—the
risk that the plaintiffs would not be able
to recover damages caused by the original defendants. We therefore held that
Bar Bulletin - March 11, 2015 - Volume 54, No. 10
23
Advance Opinions
the “intervention of the change in law,”
whether foreseeable or not, brought about
a foreseeable harm and could not relieve
the attorney of liability. Collins, 1989NMCA-046, ¶¶ 20-21.
{13} In light of these authorities, the
district court should not have considered
the doctrine of independent intervening
cause in this case. The district court found
that Defendant gave the transaction the
attorney “seal of approval,” negligently
creating or increasing the risk of the loss
of Plaintiff ’s investment by failing to warn
Plaintiff of the dangers inherent in loaning
$300,000 to a Las Vegas developer in an
unsecured transaction. In the absence of
any allegation that the intervening cause
was the result of intentional tortious
conduct, the principles articulated in Restatement (Second) of Torts Section 442B
and adopted in Collins apply. As discussed
above, these principles apply whether or
not the market decline is considered a
“force of nature.” The district court should
24
http://www.nmcompcomm.us/
not have dismissed this case but, instead,
it should have determined whether Defendant’s negligence was the proximate
cause of Plaintiff ’s loss and, if applicable,
employed a standard comparative fault
analysis.
{14} Citing to several out-of-state and
federal cases, Defendant asks us to consider whether the collapse of the Las
Vegas real estate market was foreseeable.
However, Defendant’s characterization of
the issue relies on the same contention
that we specifically rejected in Collins:
that the manner in which the harm occurs
is somehow relevant to the analysis. See
Collins, 1989-NMCA-046, ¶¶ 17-21. We
have made clear that in cases not involving
intentional intervening conduct, when the
risk of harm is foreseeable, the manner that
the foreseeable harm is brought about need
not itself be foreseeable. Id. ¶ 21 (“Nor
does it matter whether [the attorney]
could have foreseen the change in law.”).
Accordingly, we find Defendant’s citations
Bar Bulletin - March 11, 2015 - Volume 54, No. 10
to extra-jurisdictional opinions evaluating
the foreseeability of the 2008 real estate
market collapse inapposite. We conclude
that the district court erred in applying
the doctrine of independent intervening
cause to its factual determination that
the parties had entered into an attorneyclient relationship and that Plaintiff made
the loan in reliance, at least partially, on
Defendant’s seal of approval.
CONCLUSION
{15} We reverse the district court’s decision dismissing Plaintiff ’s complaint with
prejudice and remand for consideration
and apportionment of damages using a
comparative fault analysis.
{16} IT IS SO ORDERED.
LINDA M. VANZI, Judge
WE CONCUR:
MICHAEL D. BUSTAMANTE, Judge
J. MILES HANISEE, Judge
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cilvil litigation experience. Trial experience
preferred. Areas of practice will include all
aspects of civil litigation with an emphasis
on personal injury; insurance bad faith; and
tort matters. Salary D.O.E. Please forward
cv to Hiring Partner, 2633 Dakota, NE;
Albuquerque NM 87110. Bleuslaw@hotmail.
com. All inquiries will remain confidential
Senior Children’s Court Attorney
Position
The Children, Youth and Families Department
is seeking to fill a vacant Children’s Court
Attorney position to be housed in offices in
Gallup and Grants, New Mexico. Salary range
is up to $68, 556.80 annually, depending on
experience and qualifications. The attorney
will represent the Department in abuse/neglect and termination proceedings and related
matters in McKinley and Cibola counties. The
ideal candidate will have experience in the
practice of law totaling at least three years and
New Mexico licensure is required. Benefits
include medical, dental, vision, paid vacation,
and a retirement package. For information,
please contact; David Brainerd, Managing
Attorney, at (505) 327-5316 ext. 1114. To apply
for this position, go to www.state.nm.us/spo/.
The State of New Mexico is an EOE.
Manager of Academic Success
Posting #0829075
The UNM School of Law seeks applicants for
the full-time position of Manager of Academic Success (Law School title is Director of
Academic Success). Best consideration date:
3/15/15. General duties: Leads an integrated
academic student success program aimed to
improve students’ academic performance,
demonstrate students’ achievement of desired
learning outcomes, and increase graduates’
success on the bar examination. Collaborates
with faculty and administration to align student learning outcomes and assessments with
academic, governmental, and professional
standards, as well as with the School of Law’s
mission and strategic plan. Collaborates with
all staff engaged in student success activities
and serves as a member of management in
planning, problem resolution and reviewing
department performance. The individual must
have a firm commitment to provide exemplary
services in a demanding and challenging environment. The selected candidate must be able
to create and maintain an open and welcoming
environment and provide advice and counsel
to students and graduates. The individual must
demonstrate tactfulness and professionalism
when dealing with staff, faculty, students and
outside constituents. The successful candidate
must demonstrate a passion for working with
students. The individual must be creative and
flexible in order to effectively manage student
and graduate needs on an individual and group
basis. The School of Law recognizes that the
Director of Academic Success is an essential
resource for helping each student and the
institution reach maximum potential. Preferred Qualifications: Juris Doctor degree and
admission to the practice of law are strongly
preferred; master’s degree in education or similar field, and experience working with adult
learners are both preferred but not required.
Knowledge and experience with statistical
studies or statistical analysis software also is
preferred. The ability to interact professionally
with a diverse constituency is essential. Occasional work on evenings/weekends required.
TO APPLY: For complete information including closing dates, minimum requirements,
and instructions on how to apply for this or
any UNM position, please visit our website at
http://UNMJobs.unm.edu, call (505) 277-6947,
or visit our HR Service Center at 1700 Lomas
Blvd. NE, Suite 1400, Albuquerque, NM 87131.
EEO/AA/Minorities/Females/Vets/Disabled/
and other protected classes.
Associate Attorney
Chapman and Charlebois, P.C. is seeking
an experienced insurance defense attorney
to join our litigation team, providing legal
analysis, representation and advice to local
and national clients. Attorney must have 3+
years of insurance defense experience and be
licensed in NM. Please submit resume and salary requirements to: [email protected].
Employment Lawyer
Moody & Warner, P.C. a Tier 1 ranking by
Best Lawyers seeks a mid- to senior- level associate attorney. The firm represents plaintiffs
and defendants in a wide array of employment matters (including class actions, trials,
arbitrations, and appeals). Successful candidate can expect significant client contact and
responsibility, and inspiring cases. Litigation
experience (plaintiff or defense) is a must.
Knowledge of labor or employment law is
strongly preferred. Enjoyable work environment with great benefits, competitive pay, and
bonus eligibility. Please mail or email resume
to Moody & Warner, P.C., 4169 Montgomery
Blvd, NE, Albuquerque, NM 87109, attention
Connie Roybal or email Roybal@nmlaborlaw.
com. All inquiries will be kept confidential.
13th Judicial District Attorney
Senior Trial Attorney, Assistant Trial
Attorney, Associate Trial Attorney
Cibola, Sandoval, Valencia Counties
Senior Trial Attorney - This position requires
substantial knowledge and experience in criminal prosecution, rules of criminal procedure and
rules of evidence, as well as the ability to handle
a full-time complex felony caseload. Admission
to the New Mexico State Bar and a minimum
of five years as a practicing attorney are also
required. Assistant Trial Attorney - The 13th
Judicial District Attorney’s Office is accepting
applications for an entry to mid level attorney to
fill the positions of Assistant Trial Attorney. This
position requires misdemeanor and felony caseload experience. Associate Trial Attorney - an
entry level position for Cibola (Grants), Sandoval
(Bernalillo) or Valencia (Belen) County Offices.
The position requires misdemeanor, juvenile and
possible felony cases. Upon request, be prepared
to provide a summary of cases tried. Salary for
each position is commensurate with experience.
Send resumes to Kathleen Colley, District Office
Manager, PO Box 1750, Bernalillo, NM 87004,
or via E-Mail to: [email protected].
Deadline for submission of resumes: Open until
positions are filled.
Experienced Attorney
Mid-size multi-state insurance defense &
civil litigation firm seeking experienced attorney to handle a part-to-almost full-time
caseload for its Albuquerque office consisting
predominantly of bodily injury and construction defect matters. Must have prior litigation
experience; insurance defense experience
strongly preferred. Motivated, self-starters
need only apply. Must be currently licensed
to practice law in NM; additional licensure in
CA, CO, NV, AZ or UT a plus. Please reply
with your resume and compensation requirements to Jennifer Boldi at jboldi@rlattorneys.
com or fax: 602.456.7647.
Las Cruces Attorney
Miller Stratvert P.A. is looking for an attorney
for its Las Cruces office. Litigation experience
would be preferred. E-mail cover letter, resume, and references to [email protected]
Legal Secretary/Assistant
Civil litigation firm seeking Legal Secretary/
Assistant with minimum 3- 5 years’ experience, including knowledge of local court rules
and filing procedures. Excellent clerical, organizational, computer & word processing skills
required. Fast-paced, friendly environment.
Benefits. If you are highly skilled, pay attention to detail & enjoy working with a team,
email resume to: [email protected]
Senior Trial Attorney
The Third Judicial District Attorney’s Office,
located in Dona Ana County, is now accepting resumes for a Senior Trial Attorney. This
position is open to experienced attorney’s.
Salary will be based upon the New Mexico’s
District Attorney Personnel and Compensation Plan with a starting salary range of
$52,422.00 to $74,753.00. Excellent benefits
available. Please send a cover letter, resume,
and references to Whitney Jones, Human
Resources, 845 N. Motel Blvd. Second Floor,
Suite D., Las Cruces, NM 88007 or via e-mail
[email protected].
Paralegal
The Santa Fe office of Hinkle Shanor LLP
seeks a paralegal for the practice areas of
environmental, water, natural resources,
real property, public utility and administrative law. Candidates should have a strong
academic background, excellent research
skills and the ability to work independently.
Competitive salary and benefits. All inquires
kept confidential. Please email resume to:
[email protected]
Paralegal
Litigation paralegal with background in
large volume document control/management, trial experience, and familiar with
use of computerized databases. This is an
opportunity for a highly motivated, task &
detail-oriented professional to work for an
established, well-respected downtown law
firm. Competitive benefits. Email resume to:
[email protected]
Services
Available for Research and
Writing Assignments
Attorney with 7 years appellate court experience available for research and writing
assignments. Reliable and thorough: motions,
briefs, research. Email llhouselaw@gmail.
com or call 505-715-6566 or 505-281-9293.
Bar Bulletin - March 11, 2015 - Volume 54, No. 10
29
Office Space
620 Roma N.W.
Brand New All Inclusive Beautiful
Law Offices Available Now!
Starting at only $379 per month! We have
space available in the 500 Marquette building in downtown Albuquerque, the II Park
Square building in Uptown Albuquerque
and the 150 Washington building next to
the Plaza in Santa Fe. Call or email Christina Sharp at [email protected]
505.203.5754.
Taos Conference and Office Space
Taos conference and office space available
for depositions and mediations. Call Robyn
575-758-1225
Office Space for Rent
Between approximately 500 – 1500 SF available. 526 Sun Ranch Village Loop SW, Los
Lunas, NM. Close to I-25 access and local
Courts. Contact Brian Alexander, 505-8667400.
620 ROMA N.W., located within two blocks
of the three downtown courts. Rent includes
utilities (except phones), fax, internet, janitorial service, copy machine, etc. All of this is
included in the rent of $550 per month. Up
to three offices are available to choose from
and you’ll also have access to five conference
rooms, a large waiting area, access to full
library, receptionist to greet clients and take
calls. Call 243-3751 for appointment to inspect.
Office Available for Rent
One office available for rent, including secretarial area, at 2040 4th St. NW (I-40 & 4th
St.), ABQ. Rent includes receptionist, use of
conference rooms, high speed internet, phone
system, free parking for staff and clients, use
of copy machine, fax machine and employee
lounge. Contact Jerry or George at 505-2436721 or [email protected]
For Sale
Estate Planning, Business & Real
Estate Practice For Sale
Have you always wanted to have your own
law firm? Have you developed a few clients,
but not enough to go out on your own? Are
you seeking to expand your practice? This
forty year practicing attorney is seeking to
retire and sell his established law practice.
My practice includes an experienced paralegal with complete client contact for the last
thirteen years, great office space for one or
two lawyers, if desired, an extensive forms
and pleadings library, and a broad client base.
I represent small businesses throughout New
Mexico, prepare Closing documents for a
number of business brokers, and have over
1,300 Will and Trust files to insure a large
client base for the future. I am willing to consult or be “Of Counsel” with the Purchaser
as needed for a seamless transfer of my client
base. My paralegal is willing to stay with the
Purchaser, and has complete familiarity of the
forms developed for the practice. If interested
please contact me at lawpractice4sale@yahoo.
com. All inquiries will be kept confidential.
NEW MEXICO LAWYERS and JUDGES ASSISTANCE PROGRAM (JLAP)
Through JLAP, I’ve been given the freedom to become
the person that I’ve always wanted to be. This
program saved my life and my family.
–SM
Thanks to JLAP, I am happier, healthier and stronger
than I have ever been in my entire life!
–KA
Free, confidential assistance to help identify
and address problems with alcohol, drugs,
depression, and other mental health issues.
Help and support are only a phone call away.
Confidential assistance – 24 hours every day.
Judges call 888-502-1289
Lawyers and law students call 505-228-1948 or 800-860-4914
www.nmbar.org
30
Bar Bulletin - March 11, 2015 - Volume 54, No. 10
DOCTORS
WITHIN
BORDERS
TOTAL
EVALUATION
CONSULTANTS
New Mexican Doctors Evaluating New Mexicans
Services Provided
• Independent Medical Examinations
• Panel Independent Medical Examinations
• Second Opinions
• Causation Analysis
• Return to Work Evalutations
• Independent Insurance Disability Assessments
• Medical Chart Review
• Impairment Ratings
• Utilization Review
• Expert Testimony
• EMGs
Providers
• Board certified
• New Mexico licensed
• Offices in New Mexico
• Physicians, Chiropractors and
other New Mexico Care Providers
Locations
• Albuquerque
• Las Cruces
Medical Director - Richard Radecki M.D.
3874 Masthead Blvd NE, Building G • Albuquerque, NM 87109
4611 Research Park Circle Las Cruces, NM 88001
Phone: 505.338.2649 • Fax: 505.338.1960
Bar Bulletin - March 11, 2015 - Volume 54, No. 10
31
BRISTOL FAMILY LAW
CELEBRATING 3 YEARS
James Bristol is a Board Certified Family Law
Specialist, has an AV Preeminent rating with
Martindale-Hubbel, and is a Fellow in the American
Academy of Matrimonial Lawyers. Looking forward
to serving our Santa Fe and Northern New Mexico
clients now and in the years to come.
Bristol Family Law, LLC
339 W. Manhattan Ave.
Santa Fe, NM 87501
Ryan Heffernan
Phone: 505.992.3456
Fax: 505.847.4944
bristolfamilylawfirm.com

Ongoing Disclosure Notice Disclosure of Directors and Senior

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Alteza Polanco : Mexico City Polanco Hotels

Ruby`s Pantry Distribution Sites

November & December 2014 - COA

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