Deputy Disciplinary Counsel Joel L. Widman demonstrated, once again, his stupefying lack of legal knowledge when he tried to deny Attorney Stuart L. Stein the ability to have the lawyer of his choice, Joseph G. Dicks of San Diego, represent him at a deposition. Widman wanted to take Stein’s deposition prior to filing formal charges against Stein in the Anaya matter - a fee dispute case. Joe Dicks is not licensed to practice law in New Mexico.

The “right to counsel of one’s own choosing” in civil, criminal or quasi-criminal matters is well established and cannot be controverted. Attorney disciplinary matters are quasi-criminal in nature. Counsel of one’s choice is a fundamental Due Process right under the Fifth and Fourteenth Amendment to the United States Constitution. The right is absolute except in cases of attorney or client conflict of interest, which can be waived in most cases.

But what do you do when the lawyer you want to retain is not admitted to practice in the state where you need representation? (more…)