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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Does New Mexico require every practicing lawyer to have a written succession plan, and what must it contain?
Yes. Rule 16-119 NMRA requires every lawyer practicing in New Mexico to keep a written succession plan naming an assisting lawyer and locating client and trust-account information, to notify clients o…
Can a New Mexico lawyer split a fee with a lawyer in another firm who only signed up the client and did no work?
No. A fee split with a lawyer who performs no services and assumes no responsibility is an impermissible referral fee. Lawyers in different firms may divide a fee only if the division is proportional …
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…
How long must a New Mexico lawyer keep a closed client file, and what must the lawyer do before destroying it?
The opinion concluded that a lawyer generally must keep a client's file for five years after the representation ends, must review the file and return original or client-property documents before destr…
When a client in litigation insists on drafting court papers, appearing without the lawyer, and capping the lawyer's hours in ways that block the lawyer's independent judgment, what are the lawyer's duties and when must the lawyer withdraw?
The committee concluded the lawyer must keep control over the accuracy of court filings and the exercise of independent judgment, must counsel the client (preferably in writing) about the consequences…
Can a lawyer arrange for real estate brokers to steer title-company closing work to the lawyer in exchange for the lawyer giving the brokers free legal advice?
The committee concluded the arrangement is not ethical, because giving the broker free services in exchange for directing closing work is paying for recommendations, and the lawyer cannot give buyer a…
Must a lawyer tell the client the hourly rates charged for paralegals and other non-lawyer staff, and can the lawyer bill that non-lawyer time as if it were attorney time?
The committee concluded a lawyer must disclose the rates charged for non-lawyer staff and may bill separately for their supervised work, but billing non-lawyer time as attorney time would be a fraudul…
Does a lawyer have an ethical duty to disclose that a client has told the lawyer she intends to commit suicide?
The opinion concluded that because suicide is not a crime under New Mexico law and a lawyer who fails to disclose it does not aid a crime or fraud, the lawyer had no duty to disclose the client's stat…
When federal investigators want to open a lawyer's intercepted letter to a client and want help locating a client who used an alias for fraud, what can the lawyer disclose?
The opinion concluded the lawyer should not permit the FBI to open the intercepted letter and that only the client could waive the attorney-client privilege, even though the client had used an alias, …
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 lawyer help an insolvent client pay some creditors over others, and must the lawyer disclose the client's past fraud or failure to file tax returns?
The opinion concluded that, outside bankruptcy, a lawyer could help an insolvent client negotiate payments to general creditors and could assist payments even if that reduced the chance of an investig…
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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.