AI Generated Opinion Summaries

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

Facts

• Attorney D. Chipman Venie was permanently disbarred for misconduct in his representation of three clients. For the first client, L.A., Venie advised bribing witnesses, disclosed confidential communications in a fee dispute, and made misrepresentations to tribunals and the Disciplinary Board. For the second client, R.C., Venie misappropriated funds provided by R.C.'s parents for posting a bond. For the third client, A.C., Venie filed a lien against A.C.'s mother's property to secure a fee (paras 1-2).

Procedural History

• Disciplinary Board Case No. 04-2015-720 and Disciplinary Board Case No. 01-2016-737: Hearing committees recommended disbarment for Venie's misconduct in cases involving clients L.A., R.C., and A.C. The Disciplinary Board panel adopted these recommendations (para 2).

Parties' Submissions

• Disciplinary Board: Argued that Venie's actions in counseling a client to bribe witnesses, misappropriating funds, and filing a lien against property for securing fees constituted violations of professional conduct rules warranting disbarment (paras 1-2).
• D. Chipman Venie: Contended that the charge regarding counseling L.A. to bribe witnesses was barred by the statute of limitations and that his disclosure of confidential communications in a fee dispute was permissible. Venie also defended his actions regarding the misappropriation of funds and the filing of a lien as justified under the circumstances (paras 4, 28, 39).

Legal Issues

• Whether Venie's counseling of a client to bribe witnesses was barred by the statute of limitations (para 4).
• Whether Venie's disclosure of confidential communications in a fee dispute was permissible (para 4).
• Whether Venie's actions in misappropriating funds and filing a lien against property for securing fees were justified (paras 28, 39).

Disposition

• Venie was permanently disbarred from the practice of law in New Mexico effective January 18, 2017 (para 41).
• Venie was ordered to reimburse and pay restitution to R.C.’s mother in the amount of $89,170.70, plus interest (para 43).
• Venie was enjoined from suing his former clients R.C., A.C., and A.C.’s mother for fees to which he was not entitled (para 44).
• Venie was ordered to pay costs to the Disciplinary Board in the amount of $7,998.28 (para 45).

Reasons

• The Supreme Court of New Mexico, per Justice Edward L. Chávez, found substantial evidence supporting the Disciplinary Board's findings of fact and agreed with the recommendation for permanent disbarment. The Court held that Venie's defenses regarding the statute of limitations and permissible disclosure of confidential communications were without merit. The Court also found Venie's justification for misappropriating funds and filing a lien against property to secure fees to be baseless. Venie's conduct was deemed indefensible, requiring the most severe sanction possible (paras 3-39).