Rule 16-501. Responsibilities of partners, managers and supervisory lawyers.

A. Necessary measures. A partner in a law firm and a lawyer who individually or together with other lawyers possesses comparable managerial authority in a law firm shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that all lawyers in the firm conform to the Rules of Professional Conduct. B. Compliance with rules. A lawyer having direct supervisory authority over another lawyer shall make reasonable efforts to ensure that the other lawyer conforms to the Rules of Professional Conduct. C. Responsibility for other lawyer’s violations. A lawyer shall be responsible for another lawyer’s violation of the Rules of Professional Conduct if: (1) the lawyer orders or, with knowledge of the specific conduct, ratifies the conduct involved; or (2) the lawyer is a partner or has comparable managerial authority in the law firm in which the other lawyer practices, or has direct supervisory authority over the other lawyer, and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action. D. Responsibility for reporting impairment. A partner in a law firm and any lawyer who individually or together with other lawyers possesses comparable managerial authority in a law firm shall take prompt action to address any concern that a lawyer in the law firm is exhibiting signs of a severe impairment of the lawyer’s cognitive function. Such action may include, but is not limited to (1) making a confidential report to or otherwise seeking assistance from the New Mexico Judges and Lawyers Assistance Program; (2) reporting the matter to the Office of Disciplinary Counsel to consider disability inactive status proceedings under Rule 17-208 NMRA and/or the appointment of an inventorying attorney under Rule 17-213 NMRA; or (3) speaking with the lawyer and encouraging the lawyer to seek appropriate medical care and/or testing. This obligation also applies to observations made by a lawyer with direct supervisory authority over a subordinate lawyer. A report made under this paragraph shall be treated as confidential and handled in accordance with the confidentiality rules, policies, and procedures of the agency, entity, or program to whom the report has been made.