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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After a client dies, can the lawyer disclose the client's confidential statements to police investigating the death, or must the lawyer keep asserting the privilege?
The committee concluded the lawyer must continue to assert the deceased client's privilege until either a court-appointed personal representative makes an informed waiver after consultation, or a cour…
May a lawyer who drafted a husband's antenuptial agreement twelve years ago now represent the wife in a divorce, where the agreement's property is still in existence?
The opinion concluded the lawyer may not represent the wife unless the husband consents after consultation, because the divorce's division of property is substantially related to drafting the antenupt…
When a lawyer may be called as a witness against a former client in a case his current firm is defending, must he keep silent, talk to opposing counsel, or tell his own firm about the potential conflict?
The opinion concluded the lawyer was not required to talk to the former client's new counsel, but he could and probably should tell his own firm that he might be a witness, so the firm could evaluate …
When a lawyer moves to a new firm, is that firm disqualified from a matter against a client of the lawyer's old firm, and can screening the lawyer off avoid disqualification?
The opinion concluded the new firm is not disqualified unless the matter is the same or substantially related to one the old firm handled while the lawyer was there, and even then only if the lawyer h…
Can a former assistant city attorney who once investigated an employee's discrimination complaint later represent that employee in a retaliation claim against the city?
The opinion concluded the retaliation claims did not appear to meet the substantially-related test of Model Rule 1.11, so the former assistant city attorney was not disqualified, subject to caveats ab…
If a client tried to defraud an insurer with a falsified report and the fraud was discovered, must the lawyer report it to the district attorney, and may the lawyer help the insurer prosecute the former client?
The opinion concluded the firm had no obligation to report the attempted fraud to the district attorney, because the client only attempted rather than perpetrated the fraud and the insurer (the intend…
Can a lawyer hired by an insurer to defend an insured withdraw from that defense and then bring a coverage suit against the insured on a related matter?
The opinion concluded the proposed conduct gave rise to at least the appearance of a conflict of interest under Rules 5-105 and 5-107(B), even though the lawyer had no actual contact with or confident…
Can a lawyer who drafted and mediated agreements between two parties later represent one of them in arbitration against the other over the same project?
The opinion concluded that the lawyer had to withdraw: if the general contractor was a current client, an undivided duty of loyalty required it; and if a former client, the substantial-relationship te…
Can a lawyer in a firm represent a client against someone the firm's other lawyer represented, when that person refuses to consent?
The opinion concluded that if the adverse party was still a current client of the firm when the new matter was first discussed, the lawyer had to decline because the firm owed an absolute duty of loya…
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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.