Rule 16-104. Communication.

A. Status of matters. A lawyer shall: (1) promptly inform the client of any decision or circumstance with respect to which the client’s informed consent, as defined in Paragraph E of Terminology of the Rules of Professional Conduct, is required by these rules; (2) reasonably consult with the client about the means by which the client’s objectives are to be accomplished; (3) keep the client reasonably informed about the status of the matter; (4) promptly comply with reasonable requests for information; and (5) consult with the client about any relevant limitation on the lawyer’s conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law. B. Client’s informed decision-making. A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation. C. Disclosure of professional liability insurance. (1) If, at the time of the client’s formal engagement of a lawyer, the lawyer does not have a professional liability insurance policy with limits of at least one hundred thousand dollars ($100,000) per claim and three hundred thousand dollars ($300,000) in the aggregate, the lawyer shall inform the client in writing using the form of notice prescribed by this rule. If during the course of representation, an insurance policy in effect at the time of the client’s engagement of the lawyer lapses, or is terminated, the lawyer shall provide notice to the client using the form prescribed by this rule. (2) The form of notice and acknowledgment required under this Paragraph shall be: NOTICE TO CLIENT Pursuant to Rule 16-104(C) NMRA of the New Mexico Rules of Professional Conduct, I am required to notify you that [“I” or “this Firm”] [do not][does not][no longer] maintain[s] professional liability malpractice insurance of at least one hundred thousand dollars ($100,000) per occurrence and three hundred thousand dollars ($300,000) in the aggregate. _________________________________ Attorney’s signature CLIENT ACKNOWLEDGMENT I acknowledge receipt of the notice required by Rule 16-104(C) NMRA of the New Mexico Rules of Professional Conduct that [insert attorney or firm’s name] does not maintain professional liability malpractice insurance of at least one hundred thousand dollars ($100,000) per occurrence and three hundred thousand dollars ($300,000) in the aggregate. _________________________________ Client’s signature (3) As used in this Paragraph, “lawyer” includes a lawyer provisionally admitted under Rule 24-106 NMRA and Rules 26-101 through 26-106 NMRA; however it does not include a lawyer who is a full-time judge, in-house corporate counsel for a single corporate entity, or a lawyer who practices exclusively as an employee of a governmental agency. (4) A lawyer shall maintain a record of the disclosures made pursuant to this rule for six (6) years after termination of the representation of the client by the lawyer. (5) The minimum limits of insurance specified by this rule include any deductible or self-insured retention, which must be paid as a precondition to the payment of the coverage available under the professional liability insurance policy. (6) A lawyer is in violation of this rule if the lawyer or the firm employing the lawyer maintain a professional liability policy with a deductible or self-insured retention that the lawyer knows or has reason to know cannot be paid by the lawyer or the lawyer’s firm in the event of a loss. (7) A lawyer in active status shall certify on the registration statement required under Rule 24-102.2 NMRA whether the provisions of this paragraph apply to the lawyer’s practice of law and, if so, whether the lawyer has a professional liability insurance policy that meets or exceeds the limits set forth in Subparagraph (C)(1) of this rule. If the lawyer in active status has a professional liability insurance policy, the lawyer shall also certify the name of the insurer.