Rule 16-115 NMRA
Rule 16-115. Safekeeping property.
A. Holding another’s property separately. A lawyer shall hold property of clients
or third persons that is in a lawyer’s possession in connection with a representation
separate from the lawyer’s own property. Funds shall be kept in a separate account
maintained in the state where the lawyer’s office is situated, or elsewhere with the
consent of the client or third person. Other property shall be identified as such and
appropriately safeguarded. Complete records of such account funds and other property
shall be kept by the lawyer and shall be preserved for a period of five (5) years after
termination of the representation.
B. Client trust account deposits; discretionary. A lawyer may deposit the
lawyer’s own funds in a client trust account for the sole purpose of paying bank service
charges on that account, but only in the exact amount to be charged by the bank to the
extent that it can be ascertained.
C. Client trust account deposits; mandatory. A lawyer shall deposit into a client
trust account legal fees and expenses that have been paid in advance, to be withdrawn
by the lawyer only as fees are earned or expenses incurred.
D. Notification of receipt of funds or property. Upon receiving funds or other
property in which a client or third person has an interest, a lawyer shall promptly notify
the client or third person. Except as stated in this rule or otherwise permitted by law or
by agreement with the client, a lawyer shall promptly deliver to the client or third person
any funds or other property that the client or third person is entitled to receive and, upon
request by the client or third person, shall promptly render a full accounting regarding
such property.
E. Severance of interest. When in the course of representation a lawyer is in
possession of property in which two or more persons (one of whom may be the lawyer)
claim interests, the property shall be kept separate by the lawyer until the dispute is
resolved. The lawyer shall promptly distribute all portions of the property as to which the
interests are not in dispute.