Rule 16-107 NMRA
Rule 16-107. Conflict of interest; current clients.
A. Representation involving concurrent conflict of interest. Except as provided
in Paragraph B of this rule, a lawyer shall not represent a client if the representation
involves a concurrent conflict of interest. A concurrent conflict of interest exists if:
(1)
the representation of one client will be directly adverse to another client; or
(2)
there is a significant risk that the representation of one or more clients will
be materially limited by the lawyer’s responsibilities to another client, a former client or a
third person or by a personal interest of the lawyer.
B. Permissible representation when concurrent conflict exists. Notwithstanding
the existence of a concurrent conflict of interest under Paragraph A of this rule, a lawyer
may represent a client if:
(1)
the lawyer reasonably believes that the lawyer will be able to provide
competent and diligent representation to each affected client;
(2)
the representation is not prohibited by law;
(3)
the representation does not involve the assertion of a claim by one client
against another client represented by the lawyer in the same litigation or other
proceeding before a tribunal; and
(4)
each affected client gives informed consent, confirmed in writing.