NM Bar NM Bar Professional Development 5

Question 1

A New Mexico lawyer who is also a licensed CPA performs both legal and accounting services for the same business client. Regarding fees for both services, the lawyer must:

Accepted Answer

Ensure that legal fees comply with Rule 1.5 and fully disclose the dual-role relationship

Answer

Legal fees remain subject to Rule 1.5's reasonableness requirement regardless of ancillary services, and the dual-capacity relationship must be disclosed under Rule 1.7.

Question 2

Under New Mexico's Rules, a supervising attorney is responsible for another lawyer's ethical violations in the firm when:

Accepted Answer

The supervising attorney ordered the conduct or knew of it and ratified or failed to mitigate it

Answer

Rule 5.1(c) imposes liability on a supervisory lawyer who orders the conduct, or who knows of it at a time when its consequences can be avoided or mitigated and fails to act.

Question 3

A New Mexico attorney receives a prospective client's confidential information during a consultation but ultimately declines the representation. The attorney's obligation regarding that information is to:

Accepted Answer

Protect the information and avoid representing adverse parties whose interests are materially adverse in the same or substantially related matter

Answer

Rule 1.18 protects confidential information shared by prospective clients and prohibits representing adverse interests in substantially related matters without informed consent.

Question 4

Under New Mexico's Rules, an attorney must keep client property separate from the attorney's own property. If a dispute arises about a portion of funds in the trust account, the attorney must:

Accepted Answer

Keep the disputed portion in the trust account until the dispute is resolved

Answer

Rule 1.15(e) requires disputed funds to remain in the trust account until the dispute is resolved; undisputed portions belonging to the client must be promptly disbursed.

Question 5

A New Mexico lawyer is asked to write a letter threatening criminal prosecution unless the opposing party settles a civil claim. The attorney may:

Accepted Answer

Not send the letter because threatening criminal charges to gain advantage in a civil dispute violates Rule 4.4 and Rule 8.4

Answer

Using the threat of criminal prosecution to obtain an advantage in a civil matter violates Rule 4.4 (respect for third parties) and constitutes conduct prejudicial to the administration of justice under Rule 8.4.

(NM Bar) New Mexico Bar Exam Practice Test

(NM Bar) New Mexico Bar Exam Practice Test

NM Bar NM Bar Professional Development 5