NM Bar Legal Ethics and Professional Responsibility 2 — Questions and Answers
Question 1: A lawyer discovers mid-trial that her client committed perjury during testimony. Under the Nmrpc, what must the lawyer do?
- Immediately inform the judge
- Take reasonable remedial measures, including disclosure to the tribunal if necessary (Correct answer)
- Continue the trial and say nothing to protect confidentiality
- Withdraw from representation without explanation
Correct answer: Take reasonable remedial measures, including disclosure to the tribunal if necessary
Rule 3.3 requires a lawyer to take reasonable remedial measures when a client has offered false evidence, up to and including disclosure to the tribunal.
Question 2: Attorney Dana represents a plaintiff in a personal injury case. The opposing party's insurer calls Dana directly and offers a settlement. What should Dana do?
- Accept the settlement on behalf of the client
- Decline and refer the insurer to its own counsel
- Inform the client immediately and obtain authorization before responding (Correct answer)
- Report the contact to the bar association
Correct answer: Inform the client immediately and obtain authorization before responding
Under Rule 1.4, a lawyer must promptly inform the client of settlement offers and obtain the client's authority before accepting or rejecting.
Question 3: A New Mexico lawyer wants to form a partnership with a non-lawyer businessperson to deliver legal services more efficiently. Is this permissible?
- Yes, if the non-lawyer does not practice law
- Yes, with prior written client consent
- No, fee-sharing and partnership with non-lawyers providing legal services is prohibited (Correct answer)
- No, unless approved by the New Mexico Supreme Court
Correct answer: No, fee-sharing and partnership with non-lawyers providing legal services is prohibited
Nmrpc Rule 5.4 prohibits lawyers from forming a partnership with non-lawyers if any of the partnership's activities constitute the practice of law.
Question 4: A lawyer holds client funds in trust and inadvertently uses them to pay a firm expense. What ethical rule has been violated?
- Rule 1.5 – Fees
- Rule 1.15 – Safekeeping Property (Correct answer)
- Rule 8.4 – Misconduct
- Rule 1.3 – Diligence
Correct answer: Rule 1.15 – Safekeeping Property
Rule 1.15 requires lawyers to keep client funds separate from the lawyer's own funds in a dedicated trust account.
Question 5: Under the NMPRC, when may a lawyer represent a client despite a concurrent conflict of interest?
- Whenever the lawyer believes representation will be effective
- Only in transactional matters, never in litigation
- When each affected client gives informed written consent and representation is not prohibited by law (Correct answer)
- When the clients are family members
Correct answer: When each affected client gives informed written consent and representation is not prohibited by law
Rule 1.7(b) allows representation despite a concurrent conflict if the lawyer reasonably believes competent representation is possible and all affected clients give informed, written consent.
Question 6: A lawyer suspects a client intends to use the lawyer's services to commit a future fraud. The lawyer's proper course of action is to:
- Continue representation but document concerns internally
- Refuse to assist and may withdraw from representation (Correct answer)
- Disclose the plan to the intended victim immediately
- Report the client to law enforcement
Correct answer: Refuse to assist and may withdraw from representation
Under Rule 1.16 and 1.2(d), a lawyer must not assist a client in conduct the lawyer knows is criminal or fraudulent, and may withdraw when the client persists.
Question 7: Attorney Greg learns information about a former client that would benefit his current client in an unrelated matter. May he use it?
- Yes, because the matters are unrelated
- Yes, if the former client consents
- No, duties to former clients include not using confidential information against them (Correct answer)
- No, unless the information is publicly available
Correct answer: No, duties to former clients include not using confidential information against them
Rule 1.9(c) prohibits a lawyer from using confidential information relating to a former client to that client's disadvantage.
NM Bar Legal Ethics and Professional Responsibility 2
A lawyer discovers mid-trial that her client committed perjury during testimony.
Under the Nmrpc, what must the lawyer do?