Rule 16-100 NMRA
Rule 16-100. Terminology.
For purposes of these rules
A. “Belief” or “believes” denotes that the person involved actually supposed the fact
in question to be true. A person’s belief may be inferred from circumstances.
B. “Confirmed in writing,” when used in reference to the informed consent of a
person, denotes informed consent that is given in writing by the person or a writing that
a lawyer promptly transmits to the person confirming an oral informed consent. See
Paragraph E of this rule for the definition of “informed consent.” If it is not feasible to
obtain or transmit the writing at the time the person gives informed consent, then the
lawyer must obtain or transmit it within a reasonable time thereafter.
C. “Firm” or “law firm” denotes a lawyer or lawyers in a law partnership, professional
corporation, sole proprietorship, or other association authorized to practice law; or
lawyers employed in a legal services organization or the legal department of a
corporation or other organization.
D. “Fraud” or “fraudulent” denotes conduct that is fraudulent under the substantive
or procedural law of the applicable jurisdiction and has a purpose to deceive.
E. “Informed consent” denotes the agreement by a person to a proposed course of
conduct after the lawyer has communicated adequate information and explanation
about the material risks of and reasonably available alternatives to the proposed course
of conduct.
F. “Knowingly,” “known,” or “knows” denotes actual knowledge of the fact in
question. A person’s knowledge may be inferred from circumstances.
G. “Partner” denotes a member of a partnership, a shareholder in a law firm
organized as a professional corporation, or a member of an association authorized to
practice law.
H. “Reasonable” or “reasonably” when used in relation to conduct by a lawyer
denotes the conduct of a reasonably prudent and competent lawyer.
I. “Reasonable belief” or “reasonably believes” when used in reference to a lawyer
denotes that the lawyer believes the matter in question and that the circumstances are
such that the belief is reasonable.
J. “Reasonably should know” when used in reference to a lawyer denotes that a
lawyer of reasonable prudence and competence would ascertain the matter in question.
K. “Screened” denotes the isolation of a lawyer from any participation in a matter
through the timely imposition of procedures within a firm that are reasonably adequate
under the circumstances to protect information that the isolated lawyer is obligated to
protect under these rules or other law.
L. “Social media” denotes an interactive electronic or digital mechanism or
application, or service that allows people or entities to share content and
communications. Social media may be viewed via websites, mobile or desktop
applications, or other electronic means.
M. “Substantial” when used in reference to degree or extent denotes a material
matter of clear and weighty importance.
N. “Tribunal” denotes a court, an arbitrator in a binding arbitration proceeding, or a
legislative body, administrative agency, or other body acting in an adjudicative capacity.
A legislative body, administrative agency, or other body acts in an adjudicative capacity
when a neutral official, after the presentation of evidence or legal argument by a party or
parties, will render a binding legal judgment directly affecting a party’s interests in a
particular matter.
O. “Writing” or “written” denotes a tangible or electronic record of a communication
or representation, including handwriting, typewriting, printing, photostating,
photography, audio or video recording, and electronic communications. A signed writing
includes an electronic sound, symbol, or process attached to or logically associated with
a writing and executed or adopted by a person with the intent to sign the writing.