NM Bar NM Bar Quality & Compliance 2 — Questions and Answers
Question 1: Under the New Mexico Rules of Professional Conduct, which duty applies when a lawyer discovers that a client has used the lawyer's services to commit fraud?
- The lawyer must immediately notify the opposing party
- The lawyer may disclose to prevent substantial financial harm to third parties (Correct answer)
- The lawyer must report the fraud to the State Bar
- The lawyer has no duty and must maintain confidentiality absolutely
Correct answer: The lawyer may disclose to prevent substantial financial harm to third parties
Rule 16-106(B) permits—but does not require—disclosure to prevent reasonably certain substantial financial harm resulting from client crime or fraud in which the lawyer's services were used.
Question 2: A New Mexico attorney serves as a mediator between two parties. One party later asks the attorney to represent it in the same matter. Under NMRPC Rule 1.12, what applies?
- Representation is prohibited unless the other party consents in writing (Correct answer)
- Representation is always permitted since mediation is not adjudication
- The attorney may represent either party without restriction
- The attorney must obtain court approval before representing either party
Correct answer: Representation is prohibited unless the other party consents in writing
Rule 1.12 prohibits a former mediator from representing any party in the same matter without the written consent of all parties to the proceeding.
Question 3: Under the New Mexico Rules of Professional Conduct, how long must a lawyer retain trust account records after termination of the representation?
- 1 year
- 3 years
- 5 years (Correct answer)
- 7 years
Correct answer: 5 years
Rule 16-115(D) requires a lawyer to hold complete records of trust account funds for five years after the termination of the representation.
Question 4: Under NMRPC Rule 3.5, which conduct by an attorney toward a juror is permissible after the trial concludes?
- Communicating with a juror who has expressed a desire not to communicate
- Misrepresenting one's identity to obtain information from a juror
- Communicating with a juror about the case unless prohibited by court order (Correct answer)
- Giving a juror a gift to thank them for their service
Correct answer: Communicating with a juror about the case unless prohibited by court order
Rule 3.5(c) allows post-verdict communication with jurors unless prohibited by law or court order, or the juror has indicated a desire not to communicate.
Question 5: A New Mexico lawyer is appointed to represent an indigent defendant but believes the appeal is frivolous. The proper procedure is to:
- Withdraw from representation immediately without further notice
- File the appeal on all grounds regardless of merit
- File an Anders brief and request leave to withdraw (Correct answer)
- Advise the client to waive the right to appeal
Correct answer: File an Anders brief and request leave to withdraw
Under Anders v. California, counsel must file a brief referring to anything in the record that might arguably support the appeal and request leave to withdraw.
Question 6: Under New Mexico's version of Rule 5.5, a lawyer admitted in another state may provide legal services in New Mexico on a temporary basis WITHOUT pro hac vice admission when:
- The services are provided continuously over a six-month period
- The services are in association with a locally admitted lawyer who actively participates (Correct answer)
- The services relate solely to federal law matters
- The services are provided for an entity the lawyer solely represents
Correct answer: The services are in association with a locally admitted lawyer who actively participates
Rule 5.5(c)(1) permits temporary practice if the out-of-state lawyer associates with a New Mexico-licensed lawyer who actively participates in the matter.
Question 7: Under NMRPC Rule 8.4, which of the following constitutes professional misconduct even if it occurs outside the practice of law?
- Failing to respond to a client email within 24 hours
- Committing a criminal act involving dishonesty, fraud, deceit, or misrepresentation (Correct answer)
- Declining a pro bono case due to a conflict of interest
- Charging a fee higher than what a client expected
Correct answer: Committing a criminal act involving dishonesty, fraud, deceit, or misrepresentation
Rule 8.4(b) makes it professional misconduct to commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer, regardless of whether it occurs in practice.
NM Bar NM Bar Quality & Compliance 2
Under the New Mexico Rules of Professional Conduct, which duty applies when a lawyer discovers that a client has used the lawyer's services to commit fraud?