Any attorney or attorneys, counselor or counselors, defender or defenders whatever, in the courts of this state, who maliciously reveal the secrets of their client to the opposite party, or who, being charged with the defense of one party, and having informed himself of his cause and means of defense, shall desert him and defend the other, or who in any way whatever shall knowingly jeopardize his client in order to favor the opponent or derive some personal profit, or because greater fees have been proffered him after having been retained by his client, upon conviction of such an offense before any court whatsoever of this state, justice of the peace [magistrate court], probate judge or district court, shall be fined in a sum double the amount he may have received for the defense of the cause, and all fines that may result shall accrue one-half to the funds of the counties and the other half to the funds of the state; and upon conviction, he shall be deprived of the exercise of such office of attorney, counselor or defender.
History: Laws 1863-1864, p. 32; C.L. 1865, ch. 11, § 1; C.L. 1884, § 819; C.L. 1897, § 1213; Code 1915, § 354; C.S. 1929, § 9-128; 1941 Comp., § 18-115; 1953 Comp., § 18-1-15.
ANNOTATIONS
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
The office of justice of the peace was abolished and all jurisdiction, powers and duties were transferred to magistrate courts. See 35-1-38 NMSA 1978.
Compiler’s notes. — That part of this section relating to the disposition of fines may be superseded by N.M. Const., art. XII, § 4, which reads in part: “All fines and forfeitures collected under general laws * * * shall constitute the current school fund of the state.”
Cross references. — For disbarment and suspension generally, see 36-2-18 to 36-2-23 NMSA 1978.
For provisions of Rules of Professional Conduct, see Rule 16-101 NMRA et seq.
For provisions of Rules Governing Discipline, see Rule 17-101 NMRA et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 7 Am. Jur. 2d Attorneys at Law § 32.
Propriety and effect of attorney representing interest adverse to that of former client, 52 A.L.R.2d 1243.
Conflicting interests: what constitutes representation of conflicting interests subjecting attorney to disciplinary action, 17 A.L.R.3d 835.
Restitution: power of court to order restitution to wronged client in disciplinary proceeding against attorney, 75 A.L.R.3d 307.
Communication with party represented by counsel as ground for disciplining attorney, 26 A.L.R.4th 102.
Attorney’s disclosure, in federal proceedings, of identity of client as violating attorney-client privilege, 84 A.L.R. Fed. 852.
7 C.J.S. Attorney and Client §§ 43 to 58, 76 to 87.