Rule 16-106 NMRA
Rule 16-106. Confidentiality of information.
A. Disclosure of information generally. A lawyer shall not reveal information
relating to the representation of a client unless the client gives informed consent, the
disclosure is impliedly authorized in order to carry out the representation or the
disclosure is permitted by Paragraph B of this rule.
B. Disclosure of information; specific circumstances. A lawyer may reveal
information relating to the representation of a client to the extent the lawyer reasonably
believes necessary:
(1)
to prevent reasonably certain death or substantial bodily harm;
(2)
to prevent the client from committing a crime or fraud that is reasonably
certain to result in substantial injury to the financial interests or property of another and
in furtherance of which the client has used or is using the lawyer’s services;
(3)
to prevent, mitigate or rectify substantial injury to the financial interests or
property of another that is reasonably certain to result or has resulted from the client’s
commission of a crime or fraud in furtherance of which the client has used the lawyer’s
services;
(4)
to secure legal advice about the lawyer’s compliance with these rules;
(5)
to establish a claim or defense on behalf of the lawyer in a controversy
between the lawyer and the client, to establish a defense to a criminal charge or civil
claim against the lawyer based upon conduct in which the client was involved or to
respond to allegations in any proceeding concerning the lawyer’s representation of the
client;
(6)
to comply with other law or a court order; or
(7)
to detect and resolve conflicts of interest arising from the lawyer’s change
of employment or from changes in the composition or ownership of a firm, but only if the
revealed information would not compromise the attorney-client privilege or otherwise
prejudice the client.
C. Inadvertent or unauthorized disclosure of information. A lawyer shall make
reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or
unauthorized access to, information relating to the representation of a client.