2023 New Mexico Statutes › Chapter 36 - Attorneys › Article 2 - Regulation of Attorneys › Section 36-2-10 - [Duties of attorneys.]

It is the duty of an attorney-at-law:
A. to support the constitution and the laws of the United States and of this state;
B. to maintain the respect due to courts of justice and judicial officers;
C. to counsel or maintain no other action, proceeding or defense than those which appear to him legal and just, excepting the defense of a person charged with a public offense;
D. to employ for the purpose of maintaining causes confided to him such means only as are consistent with truth, and never to seek to mislead the judges by any artifice or false statement of fact or law;
E. to maintain inviolate the confidence and preserve the secrets of his client;
F. to abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or a witness unless required by the justice of the cause with which he is charged;
G. not to encourage either the commencement or continuation of an action or proceeding from any corrupt motive of passion or interest;
H. never to reject for any consideration personal to himself the cause of the defenseless or oppressed.
History:
Laws 1909, ch. 53, § 27; Code 1915, § 353; C.S. 1929, § 9-127; 1941 Comp., § 18-109; 1953 Comp., § 18-1-9.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For provisions of Rules of Professional Conduct,
see
Rule 16-101 NMRA et seq.
Compiler's notes.
— The state bar and the medical society have adopted the following:
"STATEMENT OF PRINCIPLES RELATING
TO THE RESPONSIBILITIES OF ATTORNEYS
AND PHYSICIANS IN THEIR
INTERPROFESSIONAL RELATIONS
"These principles should govern the
interprofessional relations of
physicians and attorneys
"I.
"THE PATIENT-CLIENT
"The welfare of the patient-client is the paramount and joint goal of these principles.
"II.
"PHYSICIANS AND THE LAW
"1. Physicians shall refrain from giving legal advice.
"2. Physicians shall refrain from interfering with established lawyer-client relationships.
"III.
"ATTORNEYS AND HEALTH CARE
"1. Attorneys shall refrain from giving medical advice.
"2. Attorneys shall refrain from interfering with established physician-patient relationships.
"IV.
"AN ATTORNEY'S RESPONSIBILITIES
"An attorney's responsibility is always first to his client. However, in his relationships with physicians, an attorney has the following responsibilities:
"1.
Testimony.
An attorney must keep the physician fully informed as to the status of the litigation and in particular inform him sufficiently in advance of:
"a) trial settings;
"b) vacated settings;
"c) pre-trial settlements.
"2.
Fees.
The services of a physician in a legal matter involve the consumption of the physician's time and the utilization of his facilities and his expertise over and above that required in merely treating his patient. As a result, the attorney shall make proper arrangements with all involved physicians beforehand for payment for the physician's services either directly by his client or by the attorney himself through the advancement of costs.
"An attorney is not expected to advance costs for physician's services involving treatment.
"An attorney who requests information from a physician solely to advance his medical knowledge is responsible personally for prompt payment of those services.
"3.
Background.
An attorney must familiarize himself with the medical issues involved in his case from available medical literature in order that he may have some initial understanding of the problem and so that he might be able to specify the information requested from the physician and understand the physician and understand the physician's explanation and report.
"V.
"A PHYSICIAN'S RESPONSIBILITIES
"A physician's primary
responsibility is always the health of his patient. However, a physician having a patient involved in the legal process has the following responsibilities:
"1.
Records.
Given a valid authorization, the physician should promptly transfer information from his records to the requesting attorney.
"2.
Reports.
Given a valid authorization, reports covering a summation of medical facts and opinions concerning their significance shall be furnished upon request by the treating physician or the physician specifically engaged to do such work insofar as their expertise permits. The attorney should specify the items he wishes covered in that report.
"3.
Conferences.
Given a valid authorization, attorneys may confer with physicians either to:
"a) gain medical information on a topic of the attorney's interest, or
"b) discuss medical aspects of the case of a particular client with the treating physician or with one engaged to render such opinions. This may include a discussion of testimony that may be elicited at trial.
"4.
Testimony.
Physicians may be required to testify either in court or by deposition. Cooperation between both attorneys and physicians should obviate the necessity for subpoenas.
"A physician should familiarize himself with the basic requirements of court procedure.
"A physician is not an advocate and should leave the representation of his patient and advancement of the patient's interests to the patient's attorney.
"5.
Fees.
Physicians may use the expenditure of their time, office facilities, and funds as a basis for arriving at a reasonable fee for services rendered pursuant to these principles. If an attorney fails to give timely notification of a change in the scheduled time for the physician's services, which makes the physician unavailable for other remunerative work, the physician may charge for the time set aside."
Am. Jur. 2d, A.L.R. and C.J.S. references. —
7 Am. Jur. 2d Attorneys at Law §§ 4, 5.
Duty of attorney to call witness or to procure or aid in procuring his attendance, 56 A.L.R. 174.
Attorney's liability for failure to follow client's instructions, 56 A.L.R. 962.
Duties, rights, and remedies between attorney and client where attorney purchases property of client at or through tax, execution, or judicial sale, 20 A.L.R.2d 1280.
Liability of attorney for loss of client's money or personal property in his possession or entrusted to him, 26 A.L.R.2d 1340.
Attorney's liability for negligence in preparing or conducting litigation, 45 A.L.R.2d 5, 6 A.L.R.4th 342, 10 A.L.R.5th 828.
Abatement or survival of action for attorney's malpractice or negligence upon death of either party, 65 A.L.R.2d 1211.
Wills, liability of attorney drawing invalid will to beneficiary named therein, 65 A.L.R.2d 1363.
Security document, attorney's liability for negligence in preparing or recording, 87 A.L.R.2d 991.
Attorney's negligence in connection with estate, will, or succession matters, 55 A.L.R.3d 977.
Restitution: power of court to order restitution to wronged client in disciplinary proceeding against attorney, 75 A.L.R.3d 307.
Domestic relations: attorney's liability for negligence in case involving domestic relations, 78 A.L.R.3d 255.
Legal malpractice in connection with attorney's withdrawal as counsel, 6 A.L.R.4th 342.
Right of prosecution to discovery of case-related notes, statements, and reports - state cases, 23 A.L.R.4th 799.
Attorney-client privilege as extending to communications relating to contemplated civil fraud, 31 A.L.R.4th 458.
Liability of attorney for suicide of client based on attorney's professional act or omission, 41 A.L.R.4th 351.
Liability of attorney, acting for client, for malicious prosecution, 46 A.L.R.4th 249.
Court appointment of attorney to represent, without compensation, indigent in civil action, 52 A.L.R.4th 1063.
Attorney's liability under state law for opposing party's counsel fees, 56 A.L.R.4th 486.
Attorney's liability, to one other than immediate client, for negligence in connection with legal duties, 61 A.L.R.4th 615.
Negligence, inattention, or professional incompetence of attorney in handling client's affairs in tax matters as ground for disciplinary action - modern cases, 66 A.L.R.4th 314.
Negligence, inattention, or professional incompetence of attorney in handling client's affairs in estate or probate matters as ground for disciplinary action - modern cases, 66 A.L.R.4th 342.
Negligence, inattention, or professional incompetence of attorney in handling client's affairs in bankruptcy matters as ground for disciplinary action - modern cases, 70 A.L.R.4th 786.
Legal malpractice in handling or defending medical malpractice claim, 78 A.L.R.4th 725.
Authority of attorney to compromise action - modern cases, 90 A.L.R.4th 326.
Measure and elements of damages recoverable for attorney's negligence in preparing or conducting litigation - twentieth century cases, 90 A.L.R.4th 1033.
Legal malpractice in defense of criminal prosecution, 4 A.L.R.5th 273.
Legal malpractice: negligence or fault of client as defense, 10 A.L.R.5th 828.
Attorney malpractice in connection with services related to adoption of child, 18 A.L.R.5th 892.
Legal malpractice in defense of parents at proceedings to terminate parental rights over dependent or neglected children, 18 A.L.R.5th 902.
Engaging in offensive personality as ground for disciplinary action against attorney, 58 A.L.R.5th 429.
When statute of limitations begins to run upon action against attorney for legal malpractice - deliberate wrongful acts or omissions, 67 A.L.R.5th 587.
Privileged communications: what constitutes privileged communications with preparer of federal tax returns so as to render communications inadmissible in federal tax prosecution, 36 A.L.R. Fed. 686.
Attorney's work product privilege, under Rule 26(b)(3) of the Federal Rules of Civil Procedure, as applicable to documents prepared in anticipation of terminated litigation, 41 A.L.R. Fed. 123.
Attorney's disclosure, in federal proceedings, of identity of client as violating attorney-client privilege, 84 A.L.R. Fed. 852.
7A C.J.S. Attorney and Client §§ 234 to 279.