Discipline Notice - Santiago E. Juarez

License Number: 5686
Member Name: Santiago E. Juarez
Discipline Detail
Action: Suspension
Effective Date: 5/31/2002
RPC: 1.14 - (prior to 9/1/2006) Preserving Identity of Funds and Property of a Client
1.15 - (prior to 9/1/2006) Declining or Terminating Representation
1.4 - Communication
Discipline Notice:
Description: Santiago Juarez (WSBA No. 5686, admitted 1974), of Espanola, NM, was suspended for eighteen months, following a stipulation, by order of the Supreme Court, effective May 31, 2002. This discipline is based on his failure to comply with trust account rules, promptly deliver client funds and cooperate with the discipline investigation in 2000 and 2001.
In 1999, Mr. Juarez assisted another lawyer in representing a client charged with distribution of a controlled substance. The client paid Mr. Juarez a $6,000 fee. There was no written fee agreement. Mr. Juarez stated that the fee was non-refundable, which the client denied. Mr. Juarez failed to place the funds in a trust account. Mr. Juarez did not maintain complete records of the client’s funds. Mr. Juarez told lead counsel he would travel to Spokane to meet counsel and the client, but he failed to attend the meeting. Mr. Juarez did not file any pleadings, go to court, send correspondence or speak with witnesses. He did review police reports and had telephone conversations with lead counsel and the client. In late 2000, the client terminated Mr. Juarez’s services, requesting a refund of $5,000 and return of her file. In February 2001, Mr. Juarez promised to send the client $4,000. Mr. Juarez did not send the client the refund until after disciplinary counsel served him with a subpoena duces tecum for failure to cooperate with the disciplinary investigation.
Mr. Juarez’s conduct violated RPCs 1.14(a) and (b), requiring lawyers to place client funds in a trust account and to keep complete records of these transactions; 1.14(b)(4), requiring lawyers to promptly deliver client funds upon request; 1.15(d), requiring lawyers to take reasonable steps to protect a client’s interests upon withdrawal; 1.4, requiring lawyers to keep clients informed about the status of their matters; and RLD 2.8, requiring lawyers to promptly comply with requests for information during disciplinary investigations.
Anne Seidel represented the Bar Association. Mr. Juarez represented himself.


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