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 lawyer who is an elected city councilor represent clients in the city's municipal court or before other city tribunals and agencies?
The committee concluded a lawyer who is a city councilor should refrain from representing clients before municipal tribunals and agencies over which the lawyer has oversight or fiscal influence, becau…
When a lawyer is on contract to a government entity, sits on a client's board, or has firm members serving as guardians ad litem, can the lawyer also represent clients whose interests look adverse to those responsibilities?
The committee concluded Rule 16-107 permits such representation only if the lawyer reasonably believes it will not adversely affect either client and both clients consent after full disclosure, and th…
Can a full-time municipal attorney advocate for city management in a grievance heard by the city commission when that same commission is the attorney's regular client in its other capacities?
The committee concluded the rule barring a lawyer from appearing as an advocate before a governmental body the lawyer represents did not apply to a salaried municipal attorney with no private clients,…
May a plaintiff's lawyer contact the state Risk Management Division directly to discuss or negotiate settlement when private defense counsel has been retained, without that counsel's consent?
The opinion concluded it is improper for plaintiff's counsel to initiate direct communication with the Risk Management Division without defense counsel's consent, treating the Division like a private …
Can a lawyer who served as a hearing officer making only preliminary procedural rulings in a board's rulemaking later represent that board as counsel on appeal of the rule?
The opinion concluded the lawyer may serve as counsel on appeal, because ruling on two preliminary procedural matters in a rulemaking did not make him an adjudicative officer under Rule 16-112(A), and…
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…
Can attorneys who regularly practice before a state agency also serve under contract as the agency's part-time hearing officers?
The opinion concluded the proposal created an appearance of impropriety, because attorneys who both advocate before and adjudicate in the same forum create an unavoidable impression of potential influ…
Can a full-time assistant district attorney in one district volunteer, without pay, as a village prosecutor handling municipal traffic cases in a second district?
The opinion concluded the assistant district attorney was not directly violating any ethical standard by serving without pay as a village prosecutor in a second district, but cautioned that a statutor…
Can a district attorney release an information sheet to the news media about criminal cases, including the reasons cases were dismissed, without violating the trial-publicity rule?
The opinion concluded that an information sheet of public-record case data was acceptable under Rule 7-107, but that the reasons for dismissing criminal cases should not be included, because giving su…
Can a public agency hire a lawyer whose spouse works at a law firm that represents a business the agency regulates?
The opinion concluded that the Code did not bar a regulatory commission from hiring a lawyer whose spouse's firm represented a regulated utility, with qualifications, because the better rule rejected …
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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.