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…
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…
How should a lawyer handle the destruction of closed client files, and what must be retained?
The opinion concluded a lawyer may destroy closed files only after returning all client property and original documents, indefinitely keeping documents of intrinsic value (such as wills and deeds), re…
In settling a case, can a plaintiff's lawyer agree to keep the terms secret, hand over and seal her entire file, and promise never to take other cases against the same defendants?
The opinion concluded the lawyer could agree to keep the settlement terms confidential (a client secret) and that whether to surrender and seal the file was the client's decision since the file is the…
When an attorney leaves a firm in the middle of a contingent-fee case, can the firm hold the client's files as a retaining lien to force a fee-split agreement with the departing lawyer?
The opinion concluded the firm could not use a retaining lien, or the threat of one, on the client's files to compel a separation agreement with the departing attorney, because until the client is giv…
Can a lawyer keep a former client's papers as security for unpaid fees when the client needs them for other litigation?
The opinion concluded that a lawyer could assert a retaining lien and withhold a former client's papers despite other litigation, but only if a valid lien existed, the client did not fall within the u…
What must a New Mexico lawyer or legal services program do with client trust funds when the client can no longer be located?
The opinion concluded that the lawyer had to use a high degree of diligence to locate the client and, if that failed, dispose of the funds under New Mexico's Uniform Disposition of Unclaimed Property …
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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.