N.M. R. Gov. Paral. Serv. 20-105
A lawyer has an affirmative obligation to ensure that the paralegal for whose work the lawyer is responsible preserves the confidences and secrets of a client.
N.M. R. Gov. Paral. Serv. 20-105
Committee commentary. - Rule 16-503 NMRA of the Rules of Professional Conduct provides in part:
a lawyer having direct supervisory authority over the nonlawyer [assistant] shall make reasonable efforts to ensure that the person's conduct is compatible with the professional obligations of the lawyer....
The lawyer's responsibility is to instruct the paralegal that all information concerning representation of a client (indeed, even the fact of representation, if not a matter of public record) must be kept strictly confidential.
ANNOTATIONS
The 2004 amendment, effective January 30, 2004, substituted "paralegal" for "legal assistant" in the rule and in the last paragraph of the committee commentary.