Rule 16-109 NMRA
Rule 16-109. Duties to former clients.
A. Subsequent representation. A lawyer who has formerly represented a client in
a matter shall not thereafter represent another person in the same or a substantially
related matter in which that person’s interests are materially adverse to the interests of
the former client unless the former client gives informed consent, confirmed in writing.
B. Subsequent representation; former law firm. A lawyer shall not knowingly
represent a person in the same or a substantially related matter in which a firm with
which the lawyer formerly was associated had previously represented a client:
(1)
whose interests are materially adverse to that person; and
(2)
about whom the lawyer had acquired information protected by Rule 16-
106 NMRA and Paragraph C of Rule 16-109 NMRA of the Rules of Professional
Conduct that is material to the matter, unless the former client gives informed consent,
confirmed in writing.
C. Former representation. A lawyer who has formerly represented a client in a
matter or whose present or former firm has formerly represented a client in a matter
shall not thereafter:
(1)
use information relating to the representation to the disadvantage of the
former client except as these rules would permit or require with respect to a client, or
when the information has become generally known; or
(2)
reveal information relating to the representation except as these rules
would permit or require with respect to a client.