Attorney-client privilege in New Mexico protects communications made in confidence between an attorney and their client for the purpose of seeking legal advice. The privilege does not extend to communications made in the presence of third parties or those not intended to seek legal advice. Written communications are not a requirement for the privilege to apply.
An attorney’s primary duty to the court is to act with integrity and honesty, ensuring that they do not mislead or deceive the court. Attorneys must present truthful evidence and legal arguments and cannot engage in conduct that would undermine the judicial process.
A valid written fee agreement in New Mexico must be signed by both the attorney and the client. This ensures that both parties have agreed to the terms of the representation, including the fees and any other financial arrangements. While specifying the hourly rate or including provisions about costs can be part of the agreement, the signature of both parties is essential for its validity.
Client funds held in a trust account must be kept separate from the attorney’s personal or business funds and should only be used for the client’s matters as specified in the trust agreement. This ensures proper handling and accountability of client funds, and prevents misuse or commingling of funds.
Under New Mexico Rules of Professional Conduct, an attorney must maintain the confidentiality of information from former clients and avoid using that information to the disadvantage of the former client. If the attorney cannot avoid using the information without breaching confidentiality, they must withdraw from representing the current client. Seeking permission from the former client to use their information is not typically an option, as the information remains confidential.
