NM Bar NM Bar Quality & Compliance 2

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?

Accepted Answer

The lawyer may disclose to prevent substantial financial harm to third parties

Answer

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?

Accepted Answer

Representation is prohibited unless the other party consents in writing

Answer

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?

Accepted Answer

5 years

Answer

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?

Accepted Answer

Communicating with a juror about the case unless prohibited by court order

Answer

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:

Accepted Answer

File an Anders brief and request leave to withdraw

Answer

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.

(NM Bar) New Mexico Bar Exam Practice Test

(NM Bar) New Mexico Bar Exam Practice Test

NM Bar NM Bar Quality & Compliance 2