N.M. R. Civ. P. Dist. Ct. 1-128.9

As amended through August 23, 2024

Rule 1-128.9 - Appropriateness of collaborative law process

Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall do the following:

A. assess with the prospective party factors the lawyer reasonably believes relate to whether a collaborative law process is appropriate for the prospective party's matter, including whether there is a history of a coercive or violent relationship as set forth in Rule 1-128.10 NMRA;

B. provide the prospective party with information that the lawyer reasonably believes is sufficient for the party to make an informed decision about the material benefits and risks of a collaborative law process as compared to the material benefits and risks of other reasonably available alternatives for resolving the proposed collaborative matter, such as litigation, mediation, or arbitration; and

C. advise the prospective party of the following:

(1) after signing an agreement, if a party initiates a proceeding or seeks tribunal intervention in a pending proceeding related to the collaborative matter, the collaborative law process terminates;

(2) participation in a collaborative law process is voluntary and any party has the right to terminate a collaborative law process with or without cause; and

(3) the collaborative lawyer and any lawyer in a law firm with which the collaborative lawyer is associated may not appear before a tribunal to represent a party in a proceeding related to the collaborative matter, except as authorized by Rule 1-128.6(C) NMRA.

N.M. R. Civ. P. Dist. Ct. 1-128.9

Adopted by Supreme Court Order No. 16-8300-020, effective for all cases pending or filed on or after12/31/2016.