A lawyer representing a client before a legislative body or administrative agency in a non-adjudicative proceeding shall disclose that the appearance is in a representative capacity and shall conform to the provisions of Paragraphs A through C of RuleNMRA, Paragraphs A through C of Rule NMRA and Rule NMRA of the Rules of Professional Conduct.
N.M. R. Prof'l. Cond. 16-309
Committee commentary. -
 In representation before bodies such as legislatures, municipal councils and executive and administrative agencies acting in a rule-making or policy-making capacity, lawyers present facts, formulate issues and advance argument in the matters under consideration. The decision-making body, like a court, should be able to rely on the integrity of the submissions made to it. A lawyer appearing before such a body must deal with it honestly and in conformity with applicable rules of procedure. See Paragraphs A through C of RuleNMRA, Paragraphs A through C of Rule NMRA and Rule NMRA of the Rules of Professional Conduct.
 Lawyers have no exclusive right to appear before non-adjudicative bodies, as they do before a court. The requirements of this rule may therefore subject lawyers to regulations inapplicable to advocates who are not lawyers. However, legislatures and administrative agencies have a right to expect lawyers to deal with them as they deal with courts.
 This rule only applies when a lawyer represents a client in connection with an official hearing or meeting of a governmental agency or a legislative body to which the lawyer or the lawyer's client is presenting evidence or argument. It does not apply to representation of a client in a negotiation or other bilateral transaction with a governmental agency or in connection with an application for a license or other privilege or the client's compliance with generally applicable reporting requirements, such as the filing of income-tax returns. Nor does it apply to the representation of a client in connection with an investigation or examination of the client's affairs conducted by government investigators or examiners. Representation in such matters is governed by Rulesthrough NMRA of the Rules of Professional Conduct.
[Adopted by Supreme Court Order No. 08-8300-029, effective November 3, 2008.].
ANNOTATIONS The 2008 amendment, approved by Supreme Court Order No. 08-8300-029, effective November 3, 2008, added the reference in Paragraphs A through C of Rule 16-304 NMRA. Compiler's notes. - The old ABA Comment was replaced by the 2008 committee commentary.