New Mexico Attorney Resources & FAQ
Following are frequently asked questions for lawyers compiled by the New Mexico Disciplinary Board.
Trust Account Class:
Who has to take the Trust Account Class?
All licensed attorneys in New Mexico who do not meet the exceptions as outlined in Rule 17-204 (E)(1) and (2).
How often do I have to take it?
No less than once every three years.
How can I tell if I have taken it in the last three years?
Your MCLE transcript will have a list of the courses you have taken. Check the State Bar’s website Transcripts (nmmcle.org)
How do I know which class qualifies?
Only courses specifying compliance with Rule 17-204 NMRA qualify.
What resources are there for asking ethics questions?
Risk Management Hotline 1-800-326-8155
The New Mexico Advisory Opinion Committee Past Ethics Opinions Ethics Advisory Opinions (sbnm.org)
New Mexico Disciplinary Board Attorney Staff 505-842-5781
What if I think another lawyer has violated the Rules of Professional Conduct?
Refer to Rule 16-803(A) NMRA for reporting requirements
Where can I find the Rules of Professional Conduct and the Rules Governing Discipline?
You can search for the New Mexico Rules here: Home – NMOneSource.com
How do I know if someone has filed a complaint against me?
The Board will send you a letter advising you if a complaint is filed. The letter will advise you to file a response and will give you a deadline for doing so.
Is my response confidential?
All complaints are confidential unless and until charges are filed pursuant to Rule 17-304 NMRA. Please refer to that rule for a list of exceptions.
What happens after a complaint is filed?
Please see The Disciplinary Process page for details.
Do I need legal representation if I have a disciplinary complaint or formal charges?
You are not required to have a lawyer; however, if you have malpractice insurance, you may have coverage for representation in a disciplinary proceeding.
What are the possible sanctions?
See Rule 17-206 for the types of discipline.
What if I need more time to answer a complaint?
Please Contact Us to obtain an extension.
How do I request my disciplinary history?
To request your disciplinary history, please complete the Disciplinary History Request Form or Contact Us. There is a $10 processing fee that will be waived for forms submitted online. Your disciplinary history can be sent to you or a third party you specify.
Malpractice Disclosure Questions:
Am I required to have malpractice insurance?
Attorneys are not required to have malpractice insurance in New Mexico. However, you are strongly encouraged to do so for your own protection.
What do I tell clients if I do not have malpractice insurance?
Please refer to Rule 16-104(C) NMRA for the form language.
Are there any resources for obtaining malpractice insurance?
The State Bar of New Mexico has information about obtaining malpractice coverage State Bar of New Mexico > Leadership > Committees > Lawyers Professional Liability Committee > Carriers & Brokers (sbnm.org)
We’ve created a comprehensive step-by-step guide so you can know what happens when a complaint is filed.
View our quarterly reports to learn about the activity of the Disciplinary Board of the New Mexico Supreme Court.