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Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.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

1.14 Rule 1.14 Client Under a Disability

1.14:100 Comparative Analysis of New Mexico Rule

“A.      Client-lawyer relationship.  When a client’s capacity to make adequately considered decisions in connection with a representation is diminished, whether because of minority, mental impairment or for some other reason, the lawyer shall, as far as reasonably possible, maintain a normal client-lawyer relationship with the client.

 

B.        Protective action.  When the lawyer reasonably believes that the client has diminished capacity, is at risk of substantial physical, financial or other harm unless action is taken and cannot adequately act in the client’s own interest, the lawyer may take reasonably necessary protective action, including consulting with individuals or entities that have the ability to take action to protect  the client and, in appropriate cases, seeking the appointment of a guardian ad litem, conservator or guardian.

 

C.        Protected information.  Information relating to the representation of a client with diminished capacity is protected by Rule 16-106 NMRA of the Rules of Professional Conduct.  When taking protective action pursuant to Paragraph B of this rule, the lawyer is impliedly authorized under Paragraph A of Rule 16-106 NMRA of the Rules of Professional Conduct to reveal information about the client, but only to the extent reasonably necessary to protect the client’s interests.”

1.14:101   Model Rule Comparison

Other than the section headings in the New Mexico rule, NMR 16-114 and MR 1.14 are identical.  In making NMR 16-114 conform with MR 1.14, the New Mexico Supreme Court added Paragraph (C), which expressly allows a lawyer for a client with diminished capacity to reveal confidential information where necessary.

1.14:102   Model Code Comparison

 

1.14:200 Problems in Representing a Partially or Severely Disabled Client

 

1.14:300 Maintaining Client-Lawyer Relationship with Disabled Client

 

1.14:400 Appointment of Guardian or Other Protective Action