For Attorneys

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.

Ethics Questions:

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

Disciplinary Complaints:

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)

New Mexico Attorney
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Disciplinary Process

We’ve created a comprehensive step-by-step guide so you can know what happens when a complaint is filed.

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Quarterly Reports

View our quarterly reports to learn about the activity of the Disciplinary Board of the New Mexico Supreme Court.