Rules/Orders

Rules/Orders From the New Mexico Supreme Court

BEFORE THE DISCIPLINARY BOARD OF THE SUPREME COURT OF THE STATE OF NEW MEXICO

In the Matter of DOUGLAS A. AZAR, ESQ.

DISCIPLINARY NO. 2019-12-4441

An Attorney Licensed to Practice Law before the Courts of the State of New Mexico

FORMAL REPRIMAND

You are being issued this Formal Reprimand pursuant to a Conditional Agreement Admitting the Allegations and Consent to Discipline accepted by the Disciplinary Board in your di sciplinary case.

In or about 2001, you were retained to represent a client in a personal injury case arising out of an automobile accident. You filed a Complaint for Personal Injury Damages in 2004, which was amended in 2005. Over the next several years, you represented to your client that you were working to settle her case, but this was inaccurate. Your client’s case was dismissed for lack of prosecution in 2007.

Your client did not file a complaint with the Office of Disciplin ary Counsel until 2019 at which time you contacted your client a nd offered her a $20,000.00 settlement. You did not advise your client in writing or orally to seek independent counsel when you proposed the settlement nor did you initially tell her that the case had been dismissed and you were planning to pay the settlement from your own funds. Your client asserts that you advised her that the insurance company had offered $15,000.00, but they had “backed out” of the offer and you wanted to pay her an additional $5,000.00 because the settle ment took so long. You did pay your client $20,000.00. Y our conduct violated New Mexico Rules of Professional Conduct 16-101, by failing to provide competent representation t o a client; 16-103, by failing to act with reasonable diligence and promptness in representing a client; 16-104(A), by failing to keep the client reasonably informed about the status of the matter; 16-108(H), by settling a claim with an unrepresented client or former client, without first advising that client in writ ing of seeking the advice of independent counsel; 16-302, by fa iling to make reasonable efforts to expedite litigation consistent with the interests of a client; and 16-804(D), by engaging in co nduct that is prejudicial to the administration of justice. In mitigation of this matter you have no prior disciplinary history, you have been fully cooperative with the Office of Disciplinary Counsel and you have remorse for your misconduct. See, ABA Standards for Imposing Lawyer Sanctions, Standard 9.32(a), (e) and (l).

You are hereby formally reprimanded for these acts of mis conduct pursuant to Rule 17-206(A)(5) of the Rules Governing Discipline. The formal reprimand will be filed with the S upreme Court in accordance with 17-206(D), and will remain part of your permanent records with the Disciplinary Board, where it may be revealed upon any inquiry to the Board con cerning any discipline ever imposed against you. In addition, in acco rdance with Rule 17-206(D), the entire text of this formal reprimand will be published in the State Bar of New Mexico Bar Bulletin. Dated July 24, 2020 The Disciplinary Board of the New Mexico Supreme Court

By Hon. Cynthia Fry (Ret.) Board Chair