N.M. R. Gov. Paral. Serv. 20-112
The paralegal is directly accountable to the lawyer. The lawyer maintains ultimate responsibility for and has an ongoing duty to actively supervise the paralegal's work performance, conduct and product.
N.M. R. Gov. Paral. Serv. 20-112
Committee commentary. - A paralegal's duty is to inform the responsible lawyer of all significant actions and services performed in the course of the paralegal's employment. Only the lawyer can perform professional legal services; only to the extent that the lawyer is fully informed of the actions of his or her paralegals can the lawyer maintain ultimate responsibility for those actions. Finally, only by thorough supervision of the paralegal can the lawyer ensure that the paralegal is neither engaging in the unauthorized practice of law nor involving the lawyer in any violation of the lawyer's professional responsibilities.
Rule 16-503 NMRA of the Rules of Professional Conduct states that "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".
ANNOTATIONS
The 2004 amendment, effective January 30, 2004, substituted "paralegal" for "legal assistant" and "paralegal's" for "legal assistant's" throughout the rule and the first paragraph of the committee commentary.