IN THE MATTER OF YALKUT

No. 29,396.

176 P.3d 1119 (2008)

2008-NMSC-009

IN THE MATTER OF Kent E. YALKUT, Esquire An Attorney Admitted to Practice Before the Courts of the State of New Mexico.

Supreme Court of New Mexico.

January 23, 2008.


Attorney(s) appearing for the Case

Joel L. Widman, Disciplinary Counsel Albuquerque, NM, for Petitioner.

Sandenaw & Anderson P.C., Thomas A. Sandenaw, Jr., Las Cruces, NM, for Respondent.


OPINION

PER 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...

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