Rule 16-119. Lawyer succession planning.

A. Succession plan. Except as otherwise set forth in Paragraph C of this rule, every lawyer with an active license to practice law in the state of New Mexico (the “designating lawyer”) must have a written succession plan, either alone or as part of a law firm, department, or agency plan, specifying the steps to be taken in the event of the designating lawyer’s extended incapacity from practicing law, or the designating lawyer’s disability or death. At a minimum, the plan must include the following: (1) the identity and contact information of the lawyer, law firm, department or agency head, or the foregoing’s designee, designated to carry out the terms of the succession plan (the “assisting lawyer”); (2) the location of information necessary to access the designating lawyer’s current list of active clients, client files, and other client information, if applicable, or a list of the projects, matters, or other items for which the designating lawyer is responsible, including computer and other relevant passwords; and (3) information on the designating lawyer’s trust and operating accounts and corresponding records, if any, including those required by Rule 17-204 NMRA. B. Notice of plan. The designating lawyer must notify the assisting lawyer of, and the assisting lawyer must consent to, the designation as an assisting lawyer in a writing signed by the designating lawyer and the assisting lawyer, or by electronic communication acknowledged by both the designating lawyer and the assisting lawyer. Lawyers must also notify their clients of the existence of the succession plan. C. Exceptions. Justices, judges, and court hearing officers are not required to have a succession plan, except to the extent they are also engaged in the practice of law outside of that person’s judicial duties. D. Certificate of compliance. Every lawyer shall annually certify to the State Bar of New Mexico, as part of the registration statement filed under Rule 24-102.1 NMRA, that the lawyer or the law firm, department, or agency employing the lawyer is in compliance with this rule. In the case of a single lawyer or a law firm employing only a single lawyer, the lawyer shall include on the registration statement the name or names of the assisting lawyer. In the case of lawyers or law firms, departments, or agencies employing more than one lawyer, each lawyer shall identify on the registration statement the person or persons responsible for the law firm’s, department’s, or agency’s succession plan. The State Bar shall retain the original of each registration statement and, upon request, shall provide a copy to the disciplinary board.