If you’ve been hurt and you’re considering hiring a lawyer, or if you’re already working with one, you deserve to know exactly what protections the law provides. Let’s break down everything you need to know about your rights and your lawyer’s legal obligations under New Mexico law.

Your Lawyer Must Put Your Interests Before Their Own

When you hire a personal injury lawyer in New Mexico, you’re not just entering into a business relationship—you’re creating what the law calls a “fiduciary relationship.” This is one of the strongest legal relationships recognized under our legal system, and it means your lawyer must act with complete loyalty and good faith toward you.

Think of it this way: once you hire a personal injury attorney, they’re legally bound to put your interests ahead of their own. Period. This isn’t just professional courtesy or good business practice—it’s the law, and attorneys who violate this duty face serious consequences, including fines, loss of their license, and even prison time.

New Mexico courts have made this crystal clear. Federal courts interpreting New Mexico law have specifically noted that lawyers owe their clients “undivided loyalty and confidentiality.” What does this mean in practical terms? Your attorney cannot side with the insurance company against you. They cannot reveal your secrets to the other side. They cannot switch sides for personal gain. In fact, New Mexico law specifically states that any attorney who “maliciously reveals the secrets of their client to the opposite party” or who betrays a client for personal benefit faces severe penalties, including disbarment.

This protection runs deep in legal tradition. Our state has long prohibited any form of client betrayal, recognizing that when you’re injured and fighting for compensation, you need to know your lawyer is completely in your corner.

What “Undivided Loyalty” Really Means

Let’s get specific about what this loyalty requirement means for your case. Your personal injury lawyer must always act in your best interest, even when it’s inconvenient or less profitable for them. They must give you honest, objective advice, even if you might not want to hear it. They must zealously pursue your claim and fight for the best possible outcome.

The New Mexico Bench and Bar’s Creed of Professionalism puts it perfectly: “I will be loyal and committed to my client’s cause, and I will provide my client with objective and independent advice.” This means your lawyer should be your fierce advocate while also giving you realistic, honest counsel about your case.

Here’s something important: while your lawyer must advise you on strategy and legal matters, they can’t make decisions on your behalf.  The big decisions in your case belong to you. Whether to accept a settlement offer is always your choice, not your attorney’s. Your lawyer’s job is to explain the pros and cons, but ultimately, you have the final say. This rule ensures your lawyer cannot compromise your case outcome for their convenience or financial benefit—they must follow your lawful instructions.

The “No Win, No Fee” Promise: How Contingency Fees Protect You

Most personal injury lawyers work on what’s called a “contingency fee” basis. This means you don’t pay attorney fees unless you win your case, and when you do win, your lawyer takes a percentage of your recovery. This system is designed to align your lawyer’s interests with yours—you both benefit when you get a good result.

But New Mexico law doesn’t just allow contingency fees and leave it at that. The state has strict rules to protect you from being taken advantage of.

Rule 1: Written Agreements Are Required

First, any contingency fee arrangement must be in writing. Your contract must clearly explain how the fee will be calculated, what percentage goes to your lawyer, and whether litigation costs (like court filing fees, expert witness charges, and medical record fees) will be deducted before or after your lawyer’s percentage is calculated.

This might seem like legal nitpicking, but it’s actually huge for you. Let’s say you recover $100,000 in your case, your lawyer’s fee is one-third (about $33,333), and there were $5,000 in case expenses. If costs come out after the attorney fee is calculated, you get $61,667. If costs come out first, you get $63,333. That $1,666 difference matters, and you have the right to know upfront how it will be handled.

The agreement must also clearly tell you about any expenses you might have to pay whether you win or lose. Some lawyers advance all case costs and eat the loss if you don’t recover anything. Others might require you to pay certain expenses even if you lose. There’s nothing wrong with either approach, but you must be told clearly which arrangement you’re entering into.

Rule 2: Your Lawyer’s Fee Must Be Reasonable

New Mexico law is adamant that all attorney fees, including contingency fees, must be reasonable. The ethics rules list specific factors courts consider when evaluating reasonableness, including the complexity of your case, the amount of work involved, the results achieved, and the experience level of your attorney.

What does this mean for you? Your personal injury lawyer cannot legally take advantage of you with an outrageously high percentage or a fee that’s disproportionate to the work they did and the result they achieved. If a case settles very quickly with minimal effort, a lawyer taking a large percentage that results in an unearned windfall could face ethics charges for charging an unreasonable fee.

The standard contingency percentage in personal injury cases is often around one-third of the recovery, though it can vary based on the complexity of the case and when it resolves. Cases that go to trial typically justify a higher percentage than those that settle quickly.

Here’s something that might surprise you: other lawyers have a legal duty to report attorneys who charge unethical fees. The profession is supposed to be self-policing in this regard. Courts and the state bar also have the power to scrutinize fees for fairness.

How does Roadrunner Law Firm handle fees and expenses? We are clear up front:

• No fee until your case is resolved
• We never take more in our fee than you get in your pocket

Rule 3: You Deserve a Clear Accounting

At the end of your case, your lawyer should provide a detailed settlement statement that breaks down your recovery and shows exactly how much is going to attorney fees and expenses. This transparency isn’t just good customer service—it’s required by the rules.

If you ever have questions about how your fee works or why it’s reasonable in your case, don’t hesitate to ask. An honest lawyer who’s truly on your side will gladly explain their fee structure and justify why it’s fair for the services they’re providing. Not just at the end of the case, but before you sign any paperwork too.

Communication: Your Right to Stay Informed

Good communication between you and your lawyer isn’t just nice to have—it’s an ethical requirement. Under New Mexico’s Rules of Professional Conduct, specifically Rule 16-104, your attorney has several specific communication duties:

• They must promptly inform you of any decision or circumstance that requires your input
• They must consult with you about your case objectives and how to achieve them
• They must keep you reasonably updated on your case’s progress
• They must promptly comply with your reasonable requests for information
• They must advise you about any limitations on what they can legally do in your case

What This Means for Your Day-to-Day Experience

These rules mean you should never be left wondering what’s happening with your own case. If there’s a settlement offer, a new development in your lawsuit, or a need to make a strategic decision, your lawyer must tell you and discuss it with you. They’re required to respond to your calls or emails within a reasonable time and answer your questions to the best of their ability.

But communication isn’t just about frequency—it’s also about quality and honesty. Your lawyer must explain legal matters to you in terms you can understand. They should discuss the strengths and weaknesses of your case candidly and give you a realistic picture of possible outcomes. Ethical rules specifically prohibit attorneys from misleading their clients. Your lawyer cannot promise you a certain outcome or hide bad news just because it might upset you.

If your lawyer is ignoring you, not returning calls, or keeping you in the dark about your case, that’s not just poor service—it’s a violation of their ethical duties. The State Bar notes that “communication is the cornerstone of an attorney-client relationship,” and failing to communicate adequately is one of the most common client complaints.

If you find yourself in this situation, you can remind your lawyer of their obligations. Often a firm but professional email referencing Rule 16-104 gets their attention. In extreme cases, you have the right to fire your attorney and report the problem to the state bar.

Your Right to Understand Your Case

Part of good communication is making sure you truly understand what’s happening. Your New Mexico injury lawyer should explain legal terms and procedures in plain English, not hide behind legal jargon. They should help you understand the litigation process, what to expect at different stages, and what decisions you’ll need to make along the way.

Remember, a personal injury lawyer who’s truly on your side will keep you informed and involved as a matter of course. They want you to understand your case because informed clients make better decisions, and better decisions lead to better outcomes.

Conflict of Interest: Why Your Lawyer Can’t Serve Two Masters

New Mexico’s conflict of interest rules exist to prevent your lawyer’s loyalty from being divided. The basic principle is simple: your personal injury lawyer cannot represent anyone whose interests conflict with yours in the same matter.

Obviously, this means your lawyer can’t also represent the person who hit you or the insurance company you’re fighting. But the rules go deeper than these obvious conflicts.

When Multiple Clients Create Problems

Sometimes conflicts arise in more subtle ways. For example, if two people are injured in the same accident and there’s only limited insurance coverage available, their interests might conflict over who gets what portion of the available money. Or if there’s a question about which person was more seriously injured, that could create competing interests.

New Mexico does allow one lawyer to represent multiple accident victims in some cases, but only if careful steps are taken to ensure fairness. All affected clients must be fully informed of the potential conflict and voluntarily agree to the arrangement in writing. Even then, the lawyer must believe they can competently represent everyone without harming any one client’s interests.

If at any point during the representation an unresolvable conflict develops, the lawyer would have to withdraw from representing one or more of the clients to protect everyone’s interests. The key point is that your lawyer cannot secretly favor another client at your expense.

Personal Interest Conflicts: When Your Lawyer’s Wallet Gets in the Way

The rules also protect you from situations where your lawyer’s personal interests might interfere with your case. A classic example is a contingency-fee lawyer who might be tempted to settle your case quickly for less money to get a faster payday, rather than fighting longer for a better result that would be in your best interest.

New Mexico ethics opinions specifically warn attorneys to avoid any arrangement that “impairs the lawyer’s duty of loyalty” to their clients. If a lawyer’s personal interests—financial or otherwise—pose a significant risk of limiting their advocacy for you, that’s a conflict of interest that must be addressed.

For instance, when lawyers advance litigation costs on your behalf (which most do), they shouldn’t let the repayment of those costs influence their advice about whether to continue fighting or settle your case. Their recommendation should be based on what’s best for you, not what gets them repaid faster.

The Bottom Line on Conflicts

All these conflict rules boil down to a simple assurance: your lawyer must have your back exclusively. New Mexico law even forbids lawyers from dropping one client in favor of a higher-paying client on the other side—loyalty is not for sale.

If your lawyer doesn’t maintain exclusive loyalty to you, they risk losing their license to practice law. That’s how seriously New Mexico takes these protections.

Zealous Advocacy: Your Lawyer Must Fight for You

New Mexico expects attorneys to be zealous advocates for their clients’ legitimate interests. The ethical ideal, as stated in the official comments to the rules, is that a lawyer should “zealously protect and pursue a client’s legitimate interests, within the bounds of the law, while maintaining a professional, courteous and civil attitude toward all persons.”

What Zealous Advocacy Looks Like in Practice

In a personal injury context, zealous advocacy means your lawyer should do everything ethically and legally possible to maximize your recovery. This includes:

• Thoroughly investigating the facts of your accident
• Hiring experts when needed to prove your case
• Pressing the insurance company hard for a fair settlement
• Taking your case to trial if necessary to get you proper compensation
• Being your champion when dealing with insurance adjusters who are trying to minimize your claim

Being on your side also means being willing to fight when the other side is being unreasonable. Your lawyer should, for example, point out when an insurance company is making a lowball settlement offer and be prepared to file a lawsuit and litigate rather than accept less than you deserve.

New Mexico’s Creed of Professionalism reinforces this: “I will be a vigorous and zealous advocate on behalf of my client.” However, it also cautions against “excessive zeal” that might involve abusing the legal process or harassing others, because that would ultimately hurt your case and violate ethical duties.

So while your lawyer must fight hard for you, they must do so ethically—not by lying, hiding evidence, or breaking rules, because that would backfire and harm your interests.

Respecting Your Autonomy While Providing Guidance

Part of being a zealous advocate is respecting your right to make the important decisions in your case. As we mentioned earlier, decisions like whether to accept a settlement offer or go to trial belong to you. A truly client-centered lawyer will give you frank, honest advice about these decisions, but will never coerce you or make the choice for you.

They’re obligated to pursue the lawful objectives you set for the representation. If you tell them you’re not willing to settle below a certain dollar amount, they should either respect that decision or, if they believe your position is fundamentally unwise, advise you accordingly. If you still insist on your position, they should either follow your instructions or withdraw from the case rather than act against your wishes.

This principle ensures that from start to finish, your personal injury attorney’s focus remains on advancing your cause and no one else’s. Even after your case ends, your lawyer generally cannot represent your former opponent against you in a related matter, because the duties of loyalty and confidentiality survive the end of the representation.

When Things Go Wrong: Accountability and Protection

To give real teeth to all these ethical obligations, New Mexico has an established system to discipline attorneys who violate their duties. If a personal injury lawyer fails to be “on your side”—for example, if they neglect your case, steal your settlement money, overcharge you, or otherwise breach their ethical duties—they can face sanctions ranging from reprimands to complete loss of their license to practice law.

How Attorney Discipline Works

The New Mexico Supreme Court has ultimate authority over lawyer discipline, and the Disciplinary Board investigates complaints against attorneys. State law explicitly lists certain types of misconduct that can result in disbarment or suspension, including “violation of the oath or duty as an attorney,” “deceit of a client,” or “failing or refusing to account for money of his client coming into his hands.”

Stealing or misusing client money is one of the most serious offenses. If your lawyer settles your injury case and then doesn’t give you your proper share or lies about the settlement amount, that’s not only grounds for disbarment but could also be criminal theft.

New Mexico case law includes many examples of lawyers being disciplined for betraying client trust. In historic cases, lawyers who took clients’ settlement funds and lied about it were found “guilty of unprofessional conduct” and permanently banned from practicing law.

Your Right to File a Complaint

If you suspect serious misconduct by your attorney, you have the right to file a complaint with the Disciplinary Board. The process starts with a confidential investigation, but if the Board finds probable cause of a violation, it can lead to a formal disciplinary proceeding.

Interestingly, New Mexico lawyers are themselves required to report other lawyers’ major ethical violations—the profession is supposed to be self-policing. Once a complaint is investigated and substantiated, the Supreme Court can impose discipline ranging from private warnings for minor issues to public censure, suspension, or permanent disbarment for serious misconduct.

Additional Protections: Client Protection Fund and Civil Remedies

New Mexico also maintains a Client Protection Fund that can reimburse clients who lost money due to attorney dishonesty. This provides another layer of protection if your lawyer steals from you.

Additionally, if a lawyer’s misconduct causes you financial harm, you can sue them for legal malpractice or breach of fiduciary duty. This gives you a way to recover damages beyond what the disciplinary system provides.

All these layers of accountability mean that personal injury lawyers who stray from being “on your side” face serious consequences. The vast majority of New Mexico plaintiff lawyers are honest and dedicated to their clients, but it’s reassuring to know there’s a robust system to address the bad actors.

Red Flags to Watch For

While most lawyers are ethical, it’s worth knowing some warning signs that might indicate problems:

• Refusing to provide written fee agreements
• Not returning calls or emails for extended periods
• Being secretive about case developments or settlement offers
• Pressuring you to accept settlements without explanation
• Not accounting properly for settlement funds
• Having obvious conflicts of interest they haven’t disclosed
• Making promises about specific outcomes
• Asking you to pay unusual fees or expenses upfront

If you notice any of these issues, don’t hesitate to ask questions, demand explanations, or seek a second opinion from another attorney.

Your Rights as a Personal Injury Client: A Summary

Let’s recap the key protections New Mexico law provides when you hire a personal injury attorney:

Loyalty and Confidentiality: Your lawyer must put your interests first and keep your communications confidential. They cannot side with insurance companies or anyone else against you.

Fair Fees: You’re entitled to a written fee agreement that clearly explains how fees and costs will be handled. The fee must be reasonable for the work performed and results achieved.

Communication: Your lawyer must keep you informed, answer your questions promptly, and explain things in terms you can understand.

No Conflicts of Interest: Your lawyer cannot represent anyone whose interests conflict with yours, and they must disclose any personal interests that might affect their representation.

Zealous Advocacy: Your lawyer must fight hard for you within ethical bounds and respect your right to make important decisions about your case.

Accountability: If your lawyer violates these duties, they face serious consequences including loss of their license, and you have multiple avenues for recourse.

What This Means for You Right Now

If you’re currently working with a personal injury lawyer, these protections should give you confidence that the law is on your side. You have every right to expect loyalty, transparency, and diligent representation. If you’re not getting these things, you have options.

If you’re considering hiring a personal injury attorney, use this information to ask the right questions:

• How will the fee arrangement work?
• How will you keep me informed about my case?
• Do you have any conflicts of interest?
• What’s your approach to settlement versus trial?
• Can you provide references from past clients?

Don’t be afraid to shop around and interview multiple attorneys. The right lawyer for your case will welcome your questions and be happy to explain how they’ll protect your interests.

The Roadrunner Law Firm Commitment

At Roadrunner Law Firm, we don’t just follow these legal requirements—we embrace them as the foundation of how we practice. When you hire us, you’re not just getting legal representation; you’re getting advocates who are genuinely committed to your cause. We believe that injured people deserve lawyers who fight hard, communicate clearly, and always put their clients’ interests first. That’s not just good business for us—it’s what New Mexico law requires, and it’s what you deserve.

Our approach goes beyond traditional legal representation. We’re committed to being your dedicated partners in seeking justice, and we understand the challenges you face when dealing with serious injuries and insurance companies that want to minimize your claim. When you’re hurt and fighting for fair compensation, you shouldn’t have to worry about whether your lawyer is truly on your side. New Mexico law ensures that they must be, and we’re committed to exceeding those requirements.

Ready to Experience the Difference?

If you’ve been injured in an accident, don’t wait to protect your rights. Contact Roadrunner Law Firm today at 505-444-4321 for a free consultation. We’ll explain your rights, evaluate your case, and show you how having truly dedicated advocates in your corner can make all the difference in your recovery.

Remember: the law requires your personal injury lawyer to be on your side, but at Roadrunner Law Firm, we go above and beyond that requirement because we believe it’s the right thing to do. You deserve nothing less than complete loyalty, zealous advocacy, and the peace of mind that comes with knowing your legal team is fighting exclusively for you.

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The information in this article is based on New Mexico law as of the date of publication and is intended for educational purposes. Every case is different, and this article should not be considered legal advice for any specific situation. If you have questions about your rights or need legal representation, contact a qualified New Mexico personal injury attorney for guidance specific to your circumstances.