State Bar of New Mexico Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the State Bar of New Mexico, with full citations and source links on every page.
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Can a New Mexico solo or two-lawyer firm call itself "& Associates" when all of its lawyers are already named?
The opinion concluded no; "associates" means lawyer employees, so appending "& Associates" when all the firm's lawyers are already named implies more lawyers than exist and is misleading under Rules 1…
Can a lawyer answer legal questions and post articles on an online listserve or message board without violating the confidentiality, conflict, and advertising rules?
The committee concluded there is no single answer: answering general legal questions usually does not create representation, but answering specific questions can create an attorney-client relationship…
Can a lawyer pay a for-profit lawyer referral service, join a network of non-lawyer professionals who refer business to each other, and advertise that network jointly?
The committee concluded all three were unethical under the rules then in effect: paying a for-profit referral service buys recommendations, a cross-referral network with non-lawyers impairs the lawyer…
May a lawyer join a for-profit marketing franchise, paying royalties on gross revenues and advertising under the franchisor's trademarks like "Personal Injury Network"?
The opinion concluded a lawyer may pay royalties that reflect the reasonable cost of advertising and may use the franchisor's trademarks, provided there are no referrals, the arrangement does not comp…
May a lawyer give clients or the public information about a prepaid legal services plan, such as enclosing a brochure with billings or referring clients to a plan?
The opinion concluded a lawyer may disseminate information about prepaid legal services to clients and the public, including enclosing a brochure with a current client's bill, provided the lawyer comp…
May a New Mexico lawyer pay per-referral fees to a private, for-profit lawyer referral service that the bar has not approved?
The opinion concluded that paying a fee to a private, for-profit referral service not sponsored or approved by a bar association violated both the former Code (Rule 2-103) and the new Rules (Rule 16-7…
May a lawyer mail a periodic newsletter on legal topics to current clients, former clients, other professionals, and prospective clients as a way to attract business?
The opinion concluded the lawyer could send the newsletter as a permissible written solicitation, provided it placed less emphasis on the law firm's experience, because unsubstantiated claims of exper…
Can a New Mexico lawyer send a direct-mail letter to loan agencies and lenders advertising his student loan collection services and fees?
The opinion concluded that if the statements in the proposed advertising letter are true and correct, it is appropriate for the attorney to send it to prospective clients, relying on the U.S. Supreme …
Can a collection agency manager who became a lawyer write to the agency's current clients to continue their collection work through his new law office?
The opinion concluded that the proposed letter was not objectionable, provided distribution was limited to the collection agency's present clients; if sent to others, the lawyer would have to modify i…
Can a New Mexico lawyer send a direct-mail letter advertising services and fees to banks and other potential clients?
The opinion concluded that a lawyer could send a truthful, non-misleading direct-mail letter advertising services and fees to potential clients, following the federal ruling in L.M. v. Disciplinary Bo…
Can a lawyer keep prepaid legal service enrollment materials available in the office, and can the lawyer's secretary enroll clients in the plan for a per-person commission?
The opinion concluded the lawyer could make prepaid legal service information available in the office under Rule 2-101(B)(15), provided he did not call undue attention to it, but that his secretary sh…
Can a lawyer admitted in another state announce to New Mexico lawyers that he is available to consult in a specialized field and associate with a New Mexico lawyer?
The opinion concluded that an out-of-state lawyer could announce his availability to consult in a particular branch of law under DR 2-105, and that the consulting arrangement did not violate the Code …
Can a New Mexico lawyer pay to join a private lawyer referral service that the State Bar has not approved?
The opinion concluded that a lawyer who participated in a privately owned referral service not approved by the State Bar of New Mexico violated Rule 2-103 of the New Mexico Code of Professional Respon…
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Legal ethics opinions from the State Bar of New Mexico interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.