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 lawyer use generative AI tools like ChatGPT in the practice of law?
Yes. A New Mexico lawyer may use generative AI in practice, but must do so responsibly, protecting client confidences, verifying AI output for accuracy and candor to courts, charging only for time act…
What are a New Mexico lawyer's duties to the client when serving as local counsel alongside a pro hac vice attorney?
A New Mexico lawyer who appears as local counsel with a pro hac vice attorney has the same duties under the Rules of Professional Conduct as in any matter; the pro hac vice arrangement does not reduce…
Can a New Mexico lawyer pay an expert witness a fee that is contingent on the outcome of the case?
The opinion concluded that paying a fact witness on a contingency basis violated the rules, while whether paying an expert witness contingently violated them turned on undeveloped New Mexico substanti…
Does a criminal defense lawyer have to volunteer information to the court (a guilty plea, or a sentencing hearing that was never scheduled) when neither the lawyer nor the client was asked and the client did not lie?
The committee concluded the candor and truthfulness rules require a lawyer not to make a false statement of material fact, but impose no duty to volunteer the disposition of a related charge when no o…
May a lawyer withdraw when the client will not pay, and may the lawyer tell the judge at the withdrawal hearing that he believes the case may be frivolous?
The opinion concluded the lawyer may seek permissive withdrawal for substantial nonpayment after reasonable warning, and to avoid the conflict between not prejudicing the client and not pursuing frivo…
Must a lawyer disclose to the court a statute of limitations that could defeat his own client's claim when opposing counsel is unaware of it?
The opinion concluded the lawyer had no duty to disclose the statute of limitations, with committee members reasoning variously that it was not directly adverse because arguably inapplicable, that the…
Must a lawyer alert the court to its apparent error in entering judgment against a pro se defendant whose affidavit arguably defeated summary judgment?
The opinion concluded the lawyer had no obligation to point out the apparent error, because the situation was not covered by the candor rule, a pro se party is bound by the same procedural rules as a …
Can a salaried in-house bank lawyer seek court-awarded attorney fees in collection and foreclosure suits, and may the bank keep more than the lawyer's cost?
The opinion concluded that a salaried in-house bank lawyer had to disclose to the court that she was exclusively on salary when requesting fees, that it would be improper for the bank to collect more …
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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.