Quimbee logo
DMCA.com Protection Status

In re Richards

943 P.2d 1032 (1997)

Case BriefRelatedOptions
From our private database of 35,600+ case briefs...

In re Richards

New Mexico Supreme Court

943 P.2d 1032 (1997)

Facts

Attorney Robert Richards represented himself in a lawsuit against Arthur Adair involving an incident in a nightclub. When Richards noticed a deposition of a nightclub representative, no representative appeared. Richards filed a show-cause motion directed to the nightclub. Adair and his attorney, George Scarborough, filed a motion requesting lost wages and attorney’s fees for the time wasted preparing for and attending the scheduled deposition. The court held a hearing and awarded Adair lost wages and fees over Richards’s objection. Richards appealed, alleging he objected to hearing that motion on the same day as his show-cause motion, and submitted a hearing transcript. However, in his appellate brief, Richards quoted an objection based on Scarborough purportedly representing adverse parties, used ellipses to omit the grounds, and said he had objected on notice grounds instead. The disciplinary board charged Richards with violating the ethics rule that requires candor to the court. Richards claimed he meant to object on both grounds but the trial judge interrupted him and that a party need only make an objection known to the court to preserve the question for appeal. From that Richards argued that the trial judge knew he was objecting to hearing Scarborough’s motion that day because the judge had said she was going to hear it. The disciplinary board nonetheless found Richards had knowingly made a false statement to the appellate court in violation of the ethics rule and recommended public censure. Richards appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 618,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 618,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 35,600 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 618,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 35,600 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership