On Friday, October 21, 2022, the Disciplinary Board of the Supreme Court of the State of New Mexico ordered the reprimand of Albuquerque attorney Richard Sutten, Esq. for misconduct.

The case is styled In the Matter of Richard Sutten, Esq. and was brought by the Deputy Disciplinary Counsel under Disciplinary No. 2021-12-4504.

The charges cited 16-101, 16-103, 16-104(A)(1)(2)(3) and (4), 16-105(B), 16-116(D), and 16-804(D) of the Rules of Professional Conduct.

Respondent allegedly violated these rules by:

Failing to provide competent representation to a client;

Failing to act with reasonable diligence and promptness representing a client;

Failing to properly communicate with a client;

Failing to communicate fee agreement in writing;

Failing to affect an orderly termination; and

Engaging in conduct that is prejudicial to the administration of justice.

The rules of professional conduct can be found on this link.

The following are as alleged and summarized from the Specification of Charges:

Sutten represented Mary Sauer in a personal injury case. The two had very different ideas as to the value of the case. Sutten advised Ms. Sauer that her case could not prevail at trial based on the doctor’s depositions. It was alleged that Sutten was authorized to extend a settlement offer of $25,000.00.

Sutton allegedly engaged in misconduct by communicating with the opposing counsel and presented a settlement offer for $20,000.00 on December 3, 2018, without authorization from Ms. Sauer. Sutten filed a Plaintiff’s Offer of Settlement for $19,999.99, which MS asserted she did not receive a copy of the said settlement.  Thereafter, Sutten failed to take further action in Ms. Sauer’s matter until Ms. Sauer terminated him on December 11, 2019. The case was later dismissed for lack of prosecution on January 14, 2020. Sutten filed a belated Motion to Reinstate and he failed to file a Notice of Completion of Briefing. Sutten was also alleged to have failed to properly and promptly communicate with Ms. Sauer.

On December 11, 2021, Sutten filed his Amended Conditional Agreement Not To Contest The Allegations And Consent To Discipline, wherein he stipulated that he does not contest the factual allegations set forth in the Specification of Charges. Sutten recommended and agreed to a formal reprimand as a discipline.

Both the Hearing Committee and the Disciplinary Panel recommended to the Disciplinary Board to adopt Sutten’s Agreement and issue a formal reprimand.

Accordingly, the Disciplinary Board formally reprimanded Sutten.

The Formal Reprimand reads:

“You are hereby formally reprimanded for these acts of misconduct pursuant to Rule 17-206(A)(5) of the Rules Governing Discipline. This formal reprimand will be filed with the Supreme Court. . . and will remain part of your permanent records with the Disciplinary Board, where it may be revealed upon any inquiry to the Boar concerning any discipline ever imposed against you. . . the entire text of this formal reprimand will be published in the State Bar of New Mexico Bar Bulletin.”

Mr. Richard Sutten, Esq. is listed on the website of the law firm Sutten Law Group as a practicing attorney. He attended the Oklahoma City University School of Law, graduating in 1996. He has been licensed in New Mexico. His bio can be found on LinkedIn.

A copy of the original filing can be found here.