Rule 16-504 NMRA
Rule 16-504. Professional independence of a lawyer.
A. Fee sharing. A lawyer or law firm shall not share legal fees with a nonlawyer,
except that:
(1)
an agreement by a lawyer with the lawyer’s firm, partner or associate may
provide for the payment of money, over a reasonable period of time after the lawyer’s
death, to the lawyer’s estate or to one or more specified persons;
(2)
a lawyer who purchases the practice of a deceased, disabled or
disappeared lawyer may, pursuant to the provisions of Rule 16-117 NMRA of the Rules
of Professional Conduct, pay to the estate or other representative of that lawyer the
agreed-upon purchase price;
(3)
a lawyer who undertakes to complete unfinished legal business of a
deceased, disabled or disappeared lawyer may pay to the estate or other representative
of the deceased, disabled or disappeared lawyer that proportion of the total
compensation that fairly represents the services rendered by the deceased, disabled or
disappeared lawyer;
(4)
a lawyer or law firm may include nonlawyer employees in a compensation
or retirement plan, even though the plan is based in whole or in part on a profit-sharing
arrangement; and
(5)
a lawyer may share court-awarded legal fees with a nonprofit organization
that employed, retained or recommended employment of the lawyer in the matter.
B. Partnerships with nonlawyers. A lawyer shall not form a partnership with a
nonlawyer if any of the activities of the partnership consist of the practice of law.
C. Influence by nonclient. A lawyer shall not permit a person who recommends,
employs or pays the lawyer to render legal services for another to direct or regulate the
lawyer’s professional judgment in rendering such legal services.
D. Professional corporations and associations. A lawyer shall not practice with
or in the form of a professional corporation or association authorized to practice law for
a profit, if:
(1)
a nonlawyer owns any interest therein, except that a fiduciary
representative of the estate of a lawyer may hold the stock or interest of the lawyer for a
reasonable time during administration;
(2)
a nonlawyer is a corporate director or officer thereof or occupies the
position of similar responsibility in any form of association other than a corporation; or
(3)
a nonlawyer has the right to direct or control the professional judgment of
a lawyer.