NM Bar NM Bar Industry Standards 2 — Questions and Answers
Question 1: Under the New Mexico Rules of Professional Conduct, when must an attorney obtain informed consent from a client before undertaking representation that poses a concurrent conflict of interest?
- Before or at the time of undertaking the representation (Correct answer)
- Within 10 days of discovering the conflict
- Only if the conflict becomes material during representation
- After completing a mandatory ethics consultation
Correct answer: Before or at the time of undertaking the representation
Rule 16-107 NMRA requires informed consent, confirmed in writing, before undertaking representation when a concurrent conflict of interest exists.
Question 2: Under NMSA 1978, the New Mexico Tort Claims Act generally waives governmental immunity for personal injury claims up to what maximum amount per occurrence?
- $200,000 (Correct answer)
- $400,000
- $750,000
- $1,000,000
Correct answer: $200,000
NMSA 1978 § 41-4-19 caps governmental liability at $200,000 per occurrence for personal injury claims under the Tort Claims Act.
Question 3: In New Mexico, which doctrine allows a court to reform a written contract when it does not reflect the true agreement of the parties due to mutual mistake?
- Reformation (Correct answer)
- Rescission
- Novation
- Estoppel
Correct answer: Reformation
Reformation is the equitable remedy that rewrites a contract to conform to the parties' actual intent when mutual mistake caused the writing to deviate from that intent.
Question 4: Under the New Mexico Uniform Probate Code, how long after a decedent's death must a will be filed with the district court for informal probate?
- Within 3 years (Correct answer)
- Within 2 years
- Within 1 year
- Within 6 months
Correct answer: Within 3 years
NMSA 1978 § 45-3-108 requires that informal probate be initiated within three years of the decedent's death.
Question 5: Under New Mexico's Implied Warranty of Habitability, which party bears the burden of proof to show a residential dwelling is uninhabitable?
- The tenant (Correct answer)
- The landlord
- A neutral housing inspector
- The local housing authority
Correct answer: The tenant
Under New Mexico law, the tenant bears the initial burden of demonstrating that conditions breach the implied warranty of habitability.
Question 6: A New Mexico attorney who receives client funds must deposit them in a trust account within how many business days of receipt?
- As soon as reasonably practicable, typically within 1 business day (Correct answer)
- 3 business days
- 5 business days
- 10 business days
Correct answer: As soon as reasonably practicable, typically within 1 business day
Rule 16-115 NMRA and associated IOLTA rules require prompt deposit of client funds, generally the same or next business day.
Question 7: Which New Mexico Supreme Court rule governs the mandatory minimum continuing legal education requirements for active attorneys in New Mexico?
- Rule 18-201 NMRA (Correct answer)
- Rule 16-301 NMRA
- Rule 24-101 NMRA
- Rule 17-501 NMRA
Correct answer: Rule 18-201 NMRA
Rule 18-201 NMRA sets the requirement for 15 hours of CLE per year, including 2 hours of ethics, for active New Mexico attorneys.
NM Bar NM Bar Industry Standards 2
Under the New Mexico Rules of Professional Conduct, when must an attorney obtain informed consent from a client before undertaking representation that poses a concurrent conflict of interest?