Rule 16-303 NMRA
Rule 16-303. Candor toward the tribunal.
A. Duties. A lawyer shall not knowingly:
(1)
make a false statement of fact or law to a tribunal or fail to correct a false
statement of material fact or law previously made to the tribunal by the lawyer;
(2)
fail to disclose to the tribunal legal authority in the controlling jurisdiction
known to the lawyer to be directly adverse to the position of the client and not disclosed
by opposing counsel; or
(3)
offer evidence that the lawyer knows to be false; if a lawyer, the lawyer's
client or a witness called by the lawyer has offered material evidence and the lawyer
comes to know of its falsity, the lawyer shall take reasonable remedial measures,
including, if necessary, disclosure to the tribunal; a lawyer may refuse to offer evidence,
other than the testimony of a defendant in a criminal matter, that the lawyer reasonably
believes is false.
B. Criminal conduct of client. A lawyer who represents a client in an adjudicative
proceeding and who knows that a person intends to engage, is engaging or has
engaged in criminal or fraudulent conduct related to the proceeding shall take
reasonable remedial measures, including, if necessary, disclosure to the tribunal.
C. Compliance with rule. The duties stated in Paragraphs A and B continue to the
conclusion of the proceeding, and apply even if compliance requires disclosure of
information otherwise protected by Rule 16-106 NMRA of the Rules of Professional
Conduct.
D. Ex parte proceedings; lawyer’s duty. In an ex parte proceeding, a lawyer shall
inform the tribunal of all material facts known to the lawyer that will enable the tribunal to
make an informed decision, whether or not the facts are adverse.
E. Limited entry of appearance; lawyer’s duty. In all proceedings where a lawyer
appears for a client in a limited manner, that lawyer shall disclose to the tribunal the
scope of representation.