NM Bar NM Bar Industry Standards 3 — Questions and Answers
Question 1: Under New Mexico evidence law, the attorney-client privilege protects communications made for the purpose of obtaining legal advice. Which of the following would MOST LIKELY defeat the privilege?
- A third party was present during the communication who was not necessary to the representation (Correct answer)
- The attorney later withdrew from the case
- The client subsequently died
- The matter involved a civil rather than criminal proceeding
Correct answer: A third party was present during the communication who was not necessary to the representation
The presence of a third party not necessary to the attorney-client relationship destroys the confidentiality that is essential to the privilege.
Question 2: Under the New Mexico Rules of Civil Procedure, a defendant must serve an answer to a complaint within how many days after being served with the summons and complaint?
- 30 days (Correct answer)
- 20 days
- 15 days
- 60 days
Correct answer: 30 days
Rule 1-012(A) NMRA gives a defendant 30 days after service of the summons and complaint to serve an answer.
Question 3: Under New Mexico constitutional law, the right to a jury trial in civil cases is preserved for claims seeking what type of relief?
- Legal (monetary) relief (Correct answer)
- Equitable relief only
- Both legal and equitable relief equally
- Declaratory judgment only
Correct answer: Legal (monetary) relief
Article II, Section 12 of the New Mexico Constitution preserves the right to jury trial for actions at law, i.e., legal claims for monetary damages.
Question 4: In New Mexico, which standard of proof applies in a civil commitment proceeding for an individual alleged to be mentally ill and dangerous?
- Clear and convincing evidence (Correct answer)
- Preponderance of the evidence
- Beyond a reasonable doubt
- Probable cause
Correct answer: Clear and convincing evidence
New Mexico's Mental Health and Developmental Disabilities Code requires clear and convincing evidence for involuntary civil commitment.
Question 5: Under New Mexico's Anti-Deficiency Statute, which type of mortgage is shielded from a deficiency judgment after foreclosure?
- Purchase money mortgages on single-family dwellings on 2.5 acres or less (Correct answer)
- Any residential mortgage regardless of acreage
- Only FHA-insured loans
- Commercial property purchase money mortgages
Correct answer: Purchase money mortgages on single-family dwellings on 2.5 acres or less
NMSA 1978 § 48-7-7 bars deficiency judgments on purchase money mortgages used to purchase single-family homes on 2.5 acres or less.
Question 6: A New Mexico attorney discovers during a trial that a client has testified falsely. After attempting to persuade the client to correct the testimony fails, what is the attorney's obligation?
- Disclose the false testimony to the tribunal (Correct answer)
- Seek a continuance and withdraw
- Maintain confidentiality and take no further action
- Report the client to the State Bar only
Correct answer: Disclose the false testimony to the tribunal
Rule 16-326 NMRA requires an attorney who cannot persuade a client to correct false testimony to disclose the falsity to the tribunal.
Question 7: Under New Mexico's comparative fault system, a plaintiff who is found 55% at fault for their own injuries may:
- Recover nothing, as their fault exceeds 50% (Correct answer)
- Recover 45% of total damages
- Recover full damages reduced by 55%
- Recover damages only if the defendant was grossly negligent
Correct answer: Recover nothing, as their fault exceeds 50%
New Mexico follows a pure several liability system, but under Scott v. Rizzo, a plaintiff more than 50% at fault is barred from recovery under the modified comparative fault rule.
NM Bar NM Bar Industry Standards 3
Under New Mexico evidence law, the attorney-client privilege protects communications made for the purpose of obtaining legal advice.
Which of the following would MOST LIKELY defeat the privilege?