N.M. R. Gov. Paral. Serv. 20-108

As amended through August 23, 2024
Rule 20-108 - Duty to client

A lawyer is responsible to ensure that no personal, social or business interest or relationship of the paralegal impinges upon, or appears to impinge upon, the services rendered to the client.

N.M. R. Gov. Paral. Serv. 20-108

Approved, effective September 1, 1981; as amended, effective January 30, 2004.

Committee commentary. - If a lawyer accepts a matter in which the paralegal may have a conflict of interest, the lawyer will exclude that paralegal from participation in any services performed in connection with that matter. Furthermore, the lawyer must specifically inform the client that a nonlawyer employee has a conflict of interest which, was it the lawyer's conflict, would prevent further representation of the client in connection with the matter. The nature of the conflict should be disclosed. The lawyer will caution the paralegal to inform the lawyer of any interest or association which might constitute or cause such a conflict, or which might give the appearance of constituting or causing such a conflict. In addition, no interest or loyalty of the paralegal may be permitted to interfere with the lawyer's independent exercise of professional judgment.

ANNOTATIONS

The 2004 amendment, effective January 30, 2004, substituted "paralegal" for "legal assistant" near the middle of the rule and throughout the committee commentary.