1. Ethics update
Recent Disciplinary Reports, Advisory/Formal Opinions & Workers’ Compensation
Titus and Murphy Law Firm
Victor Titus, Esq.
4000 E 30th St
Farmington, NM 87402
TEL: (505)
FAX: (505)
Ret. Judge Terry Kramer
Minerva Camp, Esq.
215 Gold Ave SW, Ste 102
Albuquerque, NM 87102
TEL: (505)
FAX: (505)

2. Presentation Overview
Creed and recitations
Recent Decisions
Workers’ Compensation Rules
Proposed Rule 16-19
Questions/ Comments

3. NEW MEXICO Lawyer’s Preamble
As a lawyer, I will strive to make our system of justice work fairly and efficiently.  In order to carry out that responsibility, I will comply with the letter and spirit of the disciplinary standards applicable to all lawyers, and I will also conduct myself in accordance with the following Creed of Professionalism when dealing with my client, opposing parties, their counsel, the courts, and any other person involved in the legal system, including the general public.

4. New Mexico Lawyer’s Creed

5. With Respect to my Clients:
Loyal & committed to my client’s cause
Provide objective and independent advice
Counsel regarding mediation and dispute resolutions
Advise that civility and courtesy are not weaknesses
Counsel that initiating settlement discussions ≠ weakness
Keep informed about progress of work (including costs and fees)
Charge only a reasonable fee
Be courteous and considerate at all times

6. With respect to the Opposition
Courteous & civil
No statements of improper law
Agree to reasonable requests for extensions & schedule changes
Consult before scheduling
Do not use tactics that delay or harass
Refrain from abusive discovery
Conduct myself with dignity
Not serve motions that unfairly limit response
Concentrate on substance and content
Clearly identify all changes made in all documents

7. With respect to Courts Notify of cancellations early
Confirm witnesses and trial/hearing participants quickly
Stipulate to facts that are not disputed
BE PUNCTUAL
Respectful : Candid
Avoid appearance of impropriety at all times
Vigorous/zealous but not detrimental to clients’ interests and justice
Communicate to avoid litigation to resolve conflicts
Voluntarily withdraw claims/defenses without merit
No frivolous motions
Voluntarily exchange information

8. With respect to the public
Commitment to public good
Keep current in practice area
Refer to counsel when necessary
Participate in disciplinary process
Strive for high standard of professionalism
Respectful in advertising
Improve administration of justice
Improve legal professionalism
Provide public service
Contribute volunteer time

9. Recent Decisions

10. Formal Reprimands & Public Censure
Daniel Edwin Duncan Esq.
Disciplinary No March 18, 2016
Michelle Renee Mladek Esq.
Disciplinary No. S-1-SC September 22, 2016
Jason S Montclare Esq.
No NMSC-023 June 16, 2016
Emilio Jacob Chavez Esq. & Donald A. Gallegos, Esq.
No NMSC-012 February 6, 2017
D Chipman Venie Esq. No NMSC-018 May 11, 2017
Stephen D. Aarons No th Cir. June 7, 2017

11. Workers’ Compensation Rules
11 NMRA & 13

12. Conduct of Attorneys Appearing before WCA 11 NMAC 4.3.13
May not engage in or advocate meritless claims/defenses
Director may sanction those who do so. Repeat violators or egregious acts where behavior is not likely to be controlled by a fine, the Director may suspend, terminate or limit the right to appear before the WCA.
Director’s sanctions against an attorney are governed by 11 NMAC 4.5

13. Conduct of Parties 11 NMAC 4.3.12
Worker’s duties
Answer RTW requests
When receiving disability, Worker shall report RTW releases within 15 days to Employer
Contact info for dependents
Execute WCA medical release

14. b) employer’s duties Notify Worker of RTW when release received.
Use only WCA release; no other medical release can be requested to be executed by Worker.
Sign notice of accident on date submitted by Worker.
Report every accident to insurer within 72 hours of actual knowledge or presentation of notice of accident form, whichever is earlier.
Only self-insured employers can make direct payments of statutory WC benefits. Insured employers cannot. Wages are ok to pay Worker.
Uninsured Employers shall pay WC benefits directly to Worker and inform WCA Director within 10 days of initial payment.

15. C) A violation may result in criminal, administrative and judicial sanctions

16. Mandatory Proposed Lawyer Succession Planning
History  large amount of misconduct was and has been around sudden illnesses or chronic progressive illnesses/ aging caused the New Mexico Bar and Board of Professional Conduct to have to go into firms and law practices and inform clients, courts and employees of the disruption and or closure of the practice.
Real hardship on system of justice
Danger of failing duties to clients
Costs in staffing at Bar and Board

18. 16-119 (A) Witten Succession plan
SOLO
Must prepare a written succession plan specifying the steps to be taken in the event of the lawyer’s extended incapacity.
One or more ‘transition lawyer’ must be appointed in the plan
Transition lawyer may be paid in accordance with rules
Transition lawyer must consent to appointment
Signed by both lawyer and transition lawyer
In some form all clients must be informed and give consent to transitional lawyer

19. Law Firms
Written succession plan required to specify the specific steps by the other members of the firm in the event of extended incapacity…to include
Notify clients of the lawyers inability to work on the their matter
Determine the status of the matter (deadlines, urgency, etc.)
Determine if firm will continue subject to client approval
Determine if funds are in trust

20. B) Certificate of compliance
State Bar Form required annually certifying compliance (unless exempt)
Transition lawyer’s name included for solo
Law Firms list the member responsible for the plan
State Bar holds originals and provide to Disciplinary Board upon request
State bar certifies noncompliance requiring the member to show cause within 15 days.

21. C) Applicability Rule does not apply to Corporate Lawyers,
Tribal Government lawyers
Federal Employees/ lawyers
State or local government lawyers
Exemption
Must do so on the certificate of compliance set forth in Paragraph B
Any change in circumstance requires preparation of succession plan

22. Selected public comment
Incapacity is not Defined
How is the transitional attorney notified and problems with the gap in transition
Solo attorney’s are handicapped
Problems with financial institutions
Out of state transitional lawyers

23. Thank you.

24. Selections from the Succession Handbook