NM Bar Legal Ethics and Professional Responsibility 3

Question 1

A New Mexico lawyer is hired on a contingent fee basis for a divorce matter. This arrangement is:

Accepted Answer

Prohibited because contingent fees in domestic relations cases are unethical

Answer

Rule 1.5(d) expressly prohibits contingent fee arrangements in domestic relations matters where the fee is contingent upon securing a divorce or the amount of alimony or property settlement.

Question 2

A lawyer is contacted by a prospective client for a consultation but ultimately declines representation. The lawyer:

Accepted Answer

May not use or reveal information learned during the consultation against the prospective client

Answer

Rule 1.18 protects prospective clients — a lawyer who receives information from a prospective client may not use or disclose that information to the person's detriment.

Question 3

Attorney Maria communicates directly with an opposing party she knows is represented by counsel, without that counsel's consent. This violates:

Accepted Answer

Rule 4.2 – Communication with Person Represented by Counsel

Answer

Rule 4.2 prohibits a lawyer from communicating about the subject of representation with a person the lawyer knows is represented by another lawyer, without that lawyer's consent.

Question 4

A supervising partner knows that an associate under their supervision has committed an ethical violation but takes no corrective action. The partner:

Accepted Answer

May be subject to discipline for failing to take remedial action

Answer

Rule 5.1 holds supervisory lawyers responsible when they know of a subordinate's violation and fail to take reasonable remedial action.

Question 5

A New Mexico attorney is also a licensed real estate broker and wants to represent both the buyer and seller in a real estate transaction involving legal services. This requires:

Accepted Answer

Written consent from both parties after full disclosure of the dual role conflict

Answer

Representing adverse parties creates a concurrent conflict under Rule 1.7, requiring informed written consent from each client after full disclosure.

(NM Bar) New Mexico Bar Exam Practice Test

(NM Bar) New Mexico Bar Exam Practice Test

NM Bar Legal Ethics and Professional Responsibility 3