NM Bar NM Bar Quality & Compliance 5

Question 1

Under NMRPC Rule 1.14, when a client's capacity to make adequately considered decisions is diminished, the lawyer should:

Accepted Answer

Maintain a normal attorney-client relationship as far as possible and take protective action only when necessary

Answer

Rule 1.14 requires the lawyer to maintain a normal relationship as far as reasonably possible and take protective action only when the client cannot adequately act in their own interest.

Question 2

A New Mexico lawyer is asked to represent both the buyer and seller in a real estate transaction. Under NMRPC Rule 1.7, this dual representation:

Accepted Answer

May be permissible if both clients give informed consent confirmed in writing and the lawyer reasonably believes competent representation is possible

Answer

Rule 1.7(b) permits concurrent representation of clients with directly adverse interests if the lawyer reasonably believes competent representation is possible and both give informed written consent.

Question 3

Under New Mexico's version of Rule 3.8, a prosecutor who obtains evidence that creates a reasonable likelihood that a convicted defendant is innocent must:

Accepted Answer

Promptly disclose the evidence to the defendant, the defense counsel, and the court

Answer

Rule 3.8(g) requires the prosecutor to promptly disclose new evidence creating a reasonable likelihood of innocence to the defendant, defense counsel, and the appropriate court.

Question 4

Under the New Mexico disciplinary rules, which sanction requires a lawyer to pass the Multistate Professional Responsibility Examination (MPRE) before reinstatement?

Accepted Answer

Suspension of more than six months

Answer

New Mexico disciplinary rules require attorneys suspended for more than six months to demonstrate compliance with continuing requirements, which may include passing the MPRE, before reinstatement.

Question 5

A New Mexico lawyer learns that opposing counsel inadvertently sent a privileged document via email. Under Rule 4.4(b), the receiving lawyer must:

Accepted Answer

Promptly notify the sender and abide by the sender's instructions

Answer

Rule 4.4(b) requires the receiving lawyer to promptly notify the sender of inadvertent disclosure and follow the sender's instructions regarding the document.

(NM Bar) New Mexico Bar Exam Practice Test

(NM Bar) New Mexico Bar Exam Practice Test

NM Bar NM Bar Quality & Compliance 5