NM Bar NM Bar Professional Development 2 — Questions and Answers
Question 1: Under the New Mexico Rules of Professional Conduct, when must an attorney report another lawyer's misconduct to the appropriate professional authority?
- When the misconduct raises a substantial question as to the other lawyer's honesty, trustworthiness, or fitness (Correct answer)
- Only when the client of the other lawyer requests the report
- Whenever the attorney personally witnesses any violation of the Rules of Professional Conduct
- Only when the misconduct involves misappropriation of client funds
Correct answer: When the misconduct raises a substantial question as to the other lawyer's honesty, trustworthiness, or fitness
Rule 8.3(a) requires reporting when a lawyer knows of misconduct that raises a substantial question about another lawyer's fitness, not for every violation observed.
Question 2: A New Mexico attorney serves as a mediator between two disputing parties. After mediation fails, one party asks the attorney to represent them in litigation against the other party. Under the NM Rules, the attorney:
- May represent the party only if both parties give informed written consent
- May freely represent the party because mediation is not legal representation
- Is prohibited from representing either party in the same or substantially related matter without both parties' consent (Correct answer)
- Must wait six months before representing either party
Correct answer: Is prohibited from representing either party in the same or substantially related matter without both parties' consent
Rule 1.12 prohibits a lawyer who served as a mediator from representing any party in the same or substantially related matter without informed consent of all parties.
Question 3: Under New Mexico's MCLE rules, what is the minimum number of credit hours in ethics that a licensed attorney must complete in each compliance period?
- 2 hours (Correct answer)
- 3 hours
- 4 hours
- 1 hour
Correct answer: 2 hours
New Mexico requires attorneys to complete 2 hours of ethics/professionalism CLE within each two-year compliance period.
Question 4: An attorney in New Mexico receives a large litigation settlement on behalf of a client. The attorney's fee agreement entitles the attorney to 33% of the recovery. The attorney may:
- Deduct the fee and disburse the remainder to the client without further notice
- Retain the entire settlement until the client signs a release
- Promptly notify the client, provide an accounting, and disburse the client's portion promptly after deducting the agreed fee (Correct answer)
- Hold the funds in trust until the fee dispute resolution process is complete
Correct answer: Promptly notify the client, provide an accounting, and disburse the client's portion promptly after deducting the agreed fee
Rule 1.15 requires the attorney to promptly notify the client of receipt, provide a written accounting, and disburse the client's share without delay.
Question 5: A New Mexico lawyer who is suspended from practice discovers her paralegal has been signing her name on correspondence and filing documents during the suspension. The lawyer's primary obligation is to:
- Immediately notify the State Bar and take steps to stop the unauthorized practice (Correct answer)
- Ratify the paralegal's actions once she is reinstated to practice
- Remain silent because disclosing the conduct could harm her reinstatement
- Allow the paralegal to continue until the suspension ends to protect pending clients
Correct answer: Immediately notify the State Bar and take steps to stop the unauthorized practice
A suspended lawyer must not allow unauthorized practice of law to continue and must report the situation, as failing to do so compounds the original misconduct.
Question 6: Under New Mexico's pro bono aspirational guidelines, how many hours of pro bono service per year should a licensed attorney aim to provide?
- 20 hours
- 30 hours
- 50 hours (Correct answer)
- 10 hours
Correct answer: 50 hours
Rule 6.1 sets an aspirational goal of 50 hours of pro bono legal services per year, consistent with the ABA Model Rules adopted in New Mexico.
Question 7: A New Mexico attorney learns during representation that her client committed perjury in a civil deposition. After the client refuses to correct the testimony, the attorney must:
- Withdraw from representation and may disclose to the tribunal if necessary to prevent the fraud (Correct answer)
- Maintain confidentiality and continue the representation
- Immediately report the perjury to opposing counsel
- File an emergency motion asking the court to strike the deposition
Correct answer: Withdraw from representation and may disclose to the tribunal if necessary to prevent the fraud
Rule 3.3(b) requires an attorney to take reasonable remedial measures including disclosure to the tribunal if the client refuses to correct false testimony.
NM Bar NM Bar Professional Development 2
Under the New Mexico Rules of Professional Conduct, when must an attorney report another lawyer's misconduct to the appropriate professional authority?