Rules/Orders
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From the New Mexico Supreme Court Before the Disciplinary Board of the Supreme Court of the State of New Mexico Disciplinary No. 2021-03-4488 In the Matter of BRIAN JEFFRIES, ESQ, An attorney on inactive status to practice 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 which was approved by a Disciplinary Board Hearing Committee and a Disciplinary Board Panel. You first obtained your New Mexico law license in October of 2017. You became licensed in Virginia as well, obtaining that license in 2018. You practiced as a law clerk in Virginia and requested and obtained inactive status for your law license in New Mexico in February of 2019. In July of 2020, you received an offer of employment from the Second Judicial District Attorney’s Office in New Mexico while you still lived in Virginia. You advised the human resources director for that office that your New Mexico law license was inactive and that you would reinstate your law license to active status. The human resources director advised you to pick a start date and to apply for a limited law license in New Mexico. You and the human resources director agreed on a start date of August 24, 2020. You completed the Character and Fitness portion of the reinstatement application and paid the $500 fee to the New Mexico Board of Bar Examiners. However, you did not completely fill out the application and were so notified by the Board of Bar Examiners of that on August 28, 2020. In response to that notification, you sent an email to the Board of Bar Examiners advising them you were seeking both a reinstatement of your inactive license and applying for a limited license. However, you did not complete either application despite paying the fees for both. On or about September 7, 2020, you commenced employment with the Second Judicial District Attorney’s Office. While super-
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Bar Bulletin - January 12, 2022 - Volume 61, No. 1
vised by other personnel from that Office, you appeared in Court and represented the state in various matters, despite the fact you had not obtained either a limited law license and you had not been reinstated to the active practice of law in New Mexico. On or about December 8, 2020, you were advised by your supervisor that you did not have an active New Mexico law license, and shortly thereafter were placed on administrative leave pending an investigation. You voluntarily resigned from your position on December 11, 2020. Your conduct in this matter was found have violated Rule 16-101, by failing to provide competent representation; Rule 16-505(A), by practicing law in a jurisdiction in violation of the regulation of the legal profession of that jurisdiction; Rule 16-505(D)(1), by being a non-admitted lawyer and establishing a continuous presence in this jurisdiction for the practice of law; Rule 16-505(D) (2), by being a non-admitted lawyer and representing the lawyer is licensed to practice law in this state; and Rule 16-804(D), by engaging in conduct prejudicial to the administration of justice. You have expressed remorse for these transgressions and have been cooperative throughout the disciplinary proceeding. It is hoped that you have learned from the experience and the misconduct will not reoccur. You are hereby formally reprimanded for these acts of misconduct pursuant to Rule 17-206(A)(5) of the Rules Governing Discipline. The formal reprimand will be filed with the Supreme 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 concerning any discipline ever imposed against you. In addition, in accordance with Rule 17206(D), the entire text of this formal reprimand will be published in the State Bar of New Mexico Bar Bulletin. Dated: October 15, 2021 The Disciplinary Board of the New Mexico Supreme Court By Hon. Cynthia Fry (Ret.) Board Chair
