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Attorney Advertising:
New Mexico Bar Guidelines and Rules

Being familiar with the advertising rules stated in the New Mexico Rules of Professional Conduct will be greatly beneficial for your law firm marketing plan. If you fail to follow all of the rules, you may be subject to discipline.

Fortunately, if you have the help of the law firm marketing team at Law Firm Sites, you will have a team that can create a marketing plan and create a website that follows all of these rules.

If you want to learn more about the New Mexico Rules of Professional Conduct, visit the resources listed below.

Resources

Rules of Professional Conduct in New Mexico

Key Rules to Be Aware of

16-701. Communications concerning a lawyer’s services.

A lawyer shall not make, elicit, or endorse a false or misleading communication about the lawyer or the lawyer’s services. A communication is false or misleading if it contains a material misrepresentation of fact or law; omits a fact necessary to make the statement considered as a whole not materially misleading; or contains a testimonial about, or endorsement of, the lawyer that is misleading.

A lawyer shall not make, elicit, or endorse a false or misleading communication about the lawyer or the lawyer’s services. A communication is false or misleading if it contains a material misrepresentation of fact or law; omits a fact necessary to make the statement considered as a whole not materially misleading; or contains a testimonial about, or endorsement of, the lawyer that is misleading.

16-702. Advertising.

A.  Permitted advertising. Subject to the requirements of Rules 16-701 and 16-703 NMRA of the Rules of Professional Conduct, a lawyer may advertise services through written, recorded or electronic communication, including public media.

B.  Payments for referrals. A lawyer shall not give anything of value to a person for recommending the lawyer’s services except that a lawyer may:

(1) pay the reasonable costs of advertisements or communications permitted by this rule;

(2) pay the usual charges of a legal service plan or a not-for-profit or qualified lawyer referral service. A qualified lawyer referral service is a lawyer referral service that has been approved by an appropriate regulatory authority;

(3) pay for a law practice in accordance with Rule 16-117 NMRA of the Rules of Professional Conduct; and

(4) refer clients to another lawyer or a non-lawyer professional pursuant to an agreement not otherwise prohibited under these rules that provides for the other person to refer clients or customers to the lawyer, if

(i) the reciprocal referral agreement is not exclusive, and

(ii)  the client is informed of the existence and nature of the agreement.

C.  Required information in communications. Any communication made pursuant to this rule shall include the name and office address of at least one lawyer or law firm responsible for its content.