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End-of-life notice: American Legal Ethics Library

As of March 1, 2013, the Legal Information Institute is no longer maintaining the information in the American Legal Ethics Library. It is no longer possible for us to maintain it at a level of completeness and accuracy given its staffing needs. It is very possible that we will revive it at a future time. At this point, it is in need of a complete technological renovation and reworking of the "correspondent firm" model which successfully sustained it for many years.

Many people have contributed time and effort to the project over the years, and we would like to thank them. In particular, Roger Cramton and Peter Martin not only conceived ALEL but gave much of their own labor to it. We are also grateful to Brad Wendel for his editorial contributions, to Brian Toohey and all at Jones Day for their efforts, and to all of our correspondents and contributors. Thank you.

We regret any inconvenience.

Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.


New Mexico Legal Ethics

1.11 Rule 1.11 Successive Government and Private Employment

1.11:100 Comparative Analysis of New Mexico Rule

“A.      Subsequent representation.  Except as law may otherwise expressly permit, a lawyer who has formerly served as a public officer or employee of the government:

            (1)        is subject to Paragraph C of Rule 16-109 NMRA of the Rules of Professional Conduct; and

            (2)        shall not otherwise represent a client in connection with a matter in which the lawyer participated personally and substantially as a public officer or employee, unless the appropriate government agency gives its informed consent, confirmed in writing, to the representation.

 

B.        Imputation of conflict to firm; screening.  When a lawyer is disqualified from representation under Paragraph A, no lawyer in a firm with which that lawyer is associated may knowingly undertake or continue representation in such a matter unless:

            (1)        the disqualified lawyer is timely screened from any participation in the matter and is apportioned no part of the fee therefrom; and

            (2)        written notice is promptly given to the appropriate government agency to enable it to ascertain compliance with the provisions of this rule.

 

C.        Confidential government information.  Except as law may otherwise expressly permit, a lawyer having information that the lawyer knows is confidential government information about a person acquired when the lawyer was a public officer or employee may not represent a private client whose interests are adverse to that person in a matter in which the information could be used to the material disadvantage of that person.  As used in this rule, the term “confidential government information” means information that has been obtained under governmental authority and which, at the time this rule is applied, the government is prohibited by law from disclosing to the public or has  a legal privilege not to disclose and which is not otherwise available to the public.  A firm with which that lawyer is associated may undertake or continue representation in the matter only if the disqualified lawyer is timely screened from any participation in the matter and is apportioned no part of the fee therefrom.

 

D.        Subsequent government employment.  Except as law may otherwise expressly permit, a lawyer currently serving as a public officer or employee:

            (1)        is subject to Rules 16-107 and 16-109 NMRA of the Rules of Professional Conduct; and

            (2)        shall not:

                        (i)         participate in a manner in which the lawyer participated personally and substantially while in private practice or nongovernmental employment, unless the appropriate government agency gives its informed consent, confirmed in writing; or

                        (ii)        negotiate for private employment with any person who is involved as a party or as lawyer for a party in a matter in which the lawyer is participating personally and substantially, except that a lawyer serving as a law clerk to a judge, other adjudicative officer or arbitrator may negotiate for private employment as permitted by Paragraph B of Rule 16-112 NMRA of the Rules of Professional Conduct and subject to the conditions stated in Paragraph B of Rule 16-112 NMRA.

E.         “Matter” defined.  As used in this rule, the term “matter” includes:

            (1)        any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest or other particular matter involving a specific party or parties; and

            (2)        any other matter covered by the conflict of interest rules of the appropriate government agency.”

 

1.11:101   Model Rule Comparison

Except for New Mexico’s unique section headings and references to its own particularized Rules numbers, NMR 16-111 is substantially identical to MR 1.11.  The New Mexico rule thus now reflects the various largely-technical modifications to MR 1.11 adopted over the years by the ABA.  A more substantive change to NMR 16-111 effected by the 2008 amendments was the deletion of former Paragraph (G), which expressly prohibited a lawyer in private practice from advocating before a governmental body at a time the lawyer is representing the governmental body.

1.11:102   Model Code Comparison

 

1.11:110   Federal Conflict of Interest Statutes and Regulations

 

1.11:120   New Mexico Conflict of Interest Statutes and Regulations

 

1.11:130   Definition of "Matter"

 

1.11:200 Representation of Another Client by Former Government Lawyer

 

1.11:210   No Imputation to Firm if Former Government Lawyer Is Screened

 

1.11:300 Use of Confidential Government Information

 

1.11:310   Definition of "Confidential Government Information"

 

1.11:400 Government Lawyer Participation in Matters Related to Prior Representation

 

1.11:500 Government Lawyer Negotiating for Private Employment