Legal Opinion

In the Matter of Yalkut

New Mexico Supreme Court

Decided January 23, 2008No. 29,396PublishedCited by 33 opinions

1Opinion of the Court

OPINION

2Per curiam

{1} The focus of this disciplinary proceeding is whether the evidence demonstrated that attorney Kent E. Yalkut (Respondent) misappropriated client funds and, as a result, should be disbarred. There is no dispute that Respondent accepted a flat fee from a client and did not deposit it in a trust account as required by the Rules of Professional Conduct. Instead, the flat fee was commingled with other funds in a personal account belonging to Respondent and from which Respondent made several withdrawals. While it is clear from the evidence that Respondent misused his client’s funds, we…

3Cases cited11 opinions

  1. High Ridge Hinkle Joint Venture v. City of AlbuquerqueNew Mexico Supreme Court · 1998
  2. Trujillo v. SerranoNew Mexico Supreme Court · 1994
  3. In Re Robert Matthew BristolNew Mexico Supreme Court · 2006
  4. Security Pacific Financial Services v. Signfilled Corp.New Mexico Court of Appeals · 1998
  5. Landskroner v. McClureNew Mexico Supreme Court · 1988

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4Cited by33 opinions

  1. Potomac Conference Corp. of Seventh-Day Adventists v. Takoma Academy Alumni Ass'nDistrict Court, D. Maryland · 2014
  2. Sunnyland Farms, Inc. v. Central New Mexico Electric Cooperative, Inc.New Mexico Supreme Court · 2013
  3. Guest v. Allstate InsuranceNew Mexico Supreme Court · 2010
  4. Muncey v. Eyeglass World, LLCNew Mexico Court of Appeals · 2012
  5. AG New Mexico, FCS, ACA v. Borges (In re Borges)United States Bankruptcy Court, D. New Mexico · 2012

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