N.M. R. Gov. Paral. Serv. 20-114
A lawyer has an affirmative obligation to ensure that a legal assistant, paralegal or other non-lawyer support staff for whose work the lawyer is responsible does not engage in any activities which, if engaged in by the lawyer, would constitute a violation of the Rules of Professional Conduct.
N.M. R. Gov. Paral. Serv. 20-114
Committee commentary. - In order to avoid misconduct by the paralegal, acting as the agent of an attorney, a lawyer must ensure that paralegals for whose work the lawyer is responsible are familiar with the Rules of Professional Conduct. Without attempting an exhaustive listing of the activities encompassed by this guideline, the following are examples. A paralegal may not issue statements which, if made by a lawyer, would violate Rule 16-701 NMRA or 16-702 NMRA of the Rules of Professional Conduct concerning communications and advertising. A lawyer will not permit or condone activities of a paralegal for whose work the lawyer is responsible in communicating with jurors, contacting witnesses or communicating with a judge, when such activities, if engaged in by the lawyer, would violate Rule 16-304 NMRA (contact with witnesses) or Rule 16-305 NMRA (communicating with judges, jurors or other officials).
ANNOTATIONS
The 2004 amendment, effective January 30, 2004, inserted "paralegal or other nonlawyer support staff" in the rule and substituted "paralegal" for "legal assistant" and "paralegals" for "legal assistants" throughout the committee commentary.