Attorney Advertising Rules for the State of New Mexico

In New Mexico, attorney advertising is regulated by the New Mexico Rules of Professional Conduct, specifically Rules 16-701 through 16-705. These rules are designed to ensure that communications about legal services are truthful, not misleading, and uphold the integrity of the legal profession.

Rule 16-701: Communications Concerning a Lawyer’s Services

This rule prohibits lawyers from making false or misleading statements about their services. A communication is considered false or misleading if it contains a material misrepresentation of fact or law, omits a fact necessary to make the statement not materially misleading, or includes testimonials or endorsements that are misleading.

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Rule 16-702: Advertising

Lawyers are permitted to advertise their services through various media, provided they adhere to certain conditions:

• Payment for Recommendations: Lawyers shall not give anything of value to a person for recommending the lawyer’s services, except for paying the reasonable costs of advertisements or communications permitted by this rule and paying the usual charges of a legal service plan or a not-for-profit or qualified lawyer referral service.

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• Required Disclosures: Any communication made under this rule must include the name and contact information of at least one lawyer or law firm responsible for its content.

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These provisions ensure transparency and accountability in lawyer advertising.

Rule 16-703: Solicitation of Clients

This rule addresses direct solicitation of clients:

• Prohibited Solicitations: A lawyer shall not solicit professional employment by in-person, live telephone, or real-time electronic contact when a significant motive is the lawyer’s pecuniary gain, unless the person contacted is a lawyer or has a family, close personal, or prior professional relationship with the lawyer.

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• Permitted Written Communications: Solicitation through written, recorded, or electronic communication is permitted under certain conditions, provided it complies with Rule 16-701 and is not coercive or harassing.

These guidelines are in place to protect potential clients from undue influence or harassment.

Rule 16-704: Communication of Fields of Practice and Specialization

Lawyers may communicate the fact that they do or do not practice in particular fields of law. However, a lawyer shall not state or imply that they are certified as a specialist in a particular field of law, unless they have been certified by the State Bar of New Mexico, an organization approved by an appropriate authority of another state or the District of Columbia or a U.S. Territory, or an organization accredited by the American Bar Association, and the name of the certifying organization is clearly identified in the communication.

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This rule ensures that claims of specialization are verifiable and not misleading to the public.

Rule 16-705: Firm Names and Letterheads

This rule governs the use of firm names and professional designations:

• Use of Trade Names: A law firm may use a trade name in private practice if it is not misleading and does not imply a connection with a government agency or with a public or charitable legal services organization.

Law Firm Sites

• Names of Lawyers: The use of names of deceased or retired members is permissible if the firm is a bona fide successor. However, the name of a lawyer holding public office must not be used in the firm name during any substantial period in which the lawyer is not actively and regularly practicing with the firm.

These provisions help maintain clarity and prevent public confusion regarding the identity and status of lawyers in a firm.

Attorneys practicing in New Mexico should familiarize themselves with these rules to ensure compliance in their advertising practices. For comprehensive information and resources, attorneys can consult the State Bar of New Mexico’s compilation of the New Mexico Rules of Professional Conduct, which provides access to the full text of the rules, ethics opinions, and guidelines to assist lawyers in adhering to ethical standards in all aspects of their practice.