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 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 …
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 refer collection of unpaid fees against clients to a credit bureau or a commercial collection agency?
The opinion concluded it is improper to report a client's unpaid account to a credit bureau solely to impede the client's credit, but a lawyer may generally use a contingent-fee commercial collection …
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…
Can a law partnership keep paying a former partner a percentage of its gross fees under a buy-out agreement if that former partner resigns, is suspended, or is disbarred and becomes a nonlawyer?
The opinion concluded the buy-out payments were permissible under Rules 2-107 and 3-102, even if the former partner later resigned, was suspended, or was disbarred, because they were deferred payment …
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 …
When a bank charges borrowers a documentation fee for work done by its salaried in-house lawyer, is the lawyer improperly sharing legal fees with a nonlawyer by letting the bank keep that fee?
The opinion concluded it was ethical for the salaried in-house lawyer to acquiesce in the bank's billing, because the fee did not exceed her salary (so the bank made no profit on her services), she re…
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 …
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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.