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 the insurer hired and pays to defend an insured later represent that insured against the same insurer for breach of contract or bad faith?
The committee concluded the answer is no, because there is a significant risk the representation would be materially limited by the lawyer's responsibilities to the insurer and by the lawyer's own int…
When a contingent fee agreement ends early, can the lawyer collect a fee, and what can a contingent fee contract say about fees on termination?
The committee concluded a contingent fee agreement may give the lawyer a quantum meruit fee when the client discharges the lawyer without cause, but only up to the maximum contract fee and only when t…
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…
When federal law forces a lawyer to report a client's $10,000-plus cash fee and the client's identity, how does that square with the duty of client confidentiality?
The committee did not resolve the conflict between 26 U.S.C. Section 6050I and the confidentiality rule, but it concluded a lawyer who knows a reportable cash payment is coming must, before accepting …
May a lawyer withdraw when the client will not pay, and may the lawyer tell the judge at the withdrawal hearing that he believes the case may be frivolous?
The opinion concluded the lawyer may seek permissive withdrawal for substantial nonpayment after reasonable warning, and to avoid the conflict between not prejudicing the client and not pursuing frivo…
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 represent an employer both in a tort suit (where the injured employee is an involuntary counterclaimant) and in defending against that same employee's workers' compensation claim?
The opinion concluded that no conflict presently existed and that neither the Code nor the Model Rules required the lawyer to withdraw from representing the employer in either suit, but cautioned that…
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 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…
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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.