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Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.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

1.12 Rule 1.12 Former Judge or Arbitrator

1.12:100 Comparative Analysis of New Mexico Rule

“A.      Subsequent representation in related matters.  Except as stated in Paragraph D, a lawyer shall not represent anyone in connection with a matter in which the lawyer participated personally and substantially as a judge or other adjudicative officer, arbitrator or law clerk to such a person or as an arbitrator, mediator or other third-party neutral, unless all parties to the proceeding give informed consent, confirmed in writing.

 

B.        Negotiation for employment.  A lawyer shall not negotiate for 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 as a judge or other adjudicative officer or as an arbitrator, mediator or other third-party neutral.  A lawyer serving as a law clerk to a judge or other adjudicative officer or arbitrator may negotiate for employment with a party or lawyer involved in a matter in which the clerk is participating personally and substantially, but only after the lawyer has notified the judge or other adjudicative officer.

 

C.        Imputation of conflict to firm; screening.  If a lawyer is disqualified by Paragraph A, no lawyer in a firm with which that lawyer is associated may knowingly undertake or continue representation in the 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 parties and any appropriate tribunal to enable them to ascertain compliance with the provisions of this rule.

D.        Arbitrator.  An arbitrator selected as a partisan of a party in a multi-member arbitration panel is not prohibited from subsequently representing that party.”

 

1.12:101   Model Rule Comparison

NMR 16-112 and MR 1.12 are essentially identical.

Based on the 2008 amendments, the New Mexico rule thus now tracks MR 1.12 in prohibiting lawyer involvement in a matter in which the lawyer participated “personally and substantially” as an adjudicative officer.  The “and substantially” language was absent in former NMR 16-112.

1.12:102   Model Code Comparison

 

1.12:200 Former Judge or Arbitrator Representing Client in Same Matter

 

1.12:300 Negotiating for Future Employment

 

1.12:400 Screening to Prevent Imputed Disqualification

 

1.12:500 Partisan Arbitrators Selected by Parties to Dispute