N.M. R. Gov. Bar. 24-108

As amended through August 23, 2024

Rule 24-108 - Pro bono publico service

A.Professional Responsibility. In attempting to meet the professional responsibility established in Rule 16-601 NMRA of the Rules of Professional Conduct, a lawyer should aspire to render at least fifty (50) hours of pro bono publico legal services per year. The substantial majority of the fifty (50) hours of service should be provided as indicated in Subparagraphs (1) and (2) of Paragraph A of Rule 16-601 NMRA of the Rules of Professional Conduct. Additional services may be provided as indicated in Paragraphs B or C of Rule 16-601 NMRA of the Rules of Professional Conduct.

B.Financial Contribution. Alternatively or in addition to the service provided under Paragraph A of this rule, a lawyer may fulfill this professional responsibility by:

(1) contributing financial support to organizations that provide legal services to persons of limited means in New Mexico, in the amount of five hundred dollars ($500) per year; or

(2) providing a combination of pro bono hours and a financial contribution as suggested in this table:

Pro Bono Hours	0	5	10	15	20	25	30	35	40	45	50+
Suggested Attorney	$500	$450	$400	$350	$300	$250	$200	$150	$100	$50	Attorney Discretion

C.Pro Bono Certification. Each lawyer of the bar shall annually certify whether the lawyer has satisfied the lawyer's professional responsibility to provide pro bono services to the poor. Each lawyer shall certify this information through a form that is made a part of the lawyer's annual membership fees statement that shall require the lawyer to report the following information:

(1) the number of hours the lawyer dedicated to pro bono legal services, and

(2) if the lawyer has satisfied the obligation by contribution or part contribution, the amount of that contribution.

N.M. R. Gov. Bar. 24-108

Approved by Supreme Court Order 08-8300-04, effective 3/15/2008; as amended by Supreme Court Order No. S-1-RCR-2024-00073, effective 8/23/2024.

Committee commentary. - The provisions of this rule are an affirmation of the lawyer's professional responsibility, as provided in Rule 16-601 NMRA and are not mandatory nor do they constitute a basis for discipline under the Rules Governing Discipline for the State Bar of New Mexico. However, the reporting requirements of Paragraph C of this rule are mandatory and the failure to report this information shall be treated in the same manner as failure to pay dues or comply with mandatory continuing legal education. The information provided under this rule is designed for statistical purposes only and shall be used by the State Bar of New Mexico and distributed only in statistical form. Individual attorney responses shall remain confidential.

While it is possible for a lawyer to fulfill the annual responsibility to perform pro bono services exclusively through activities described in Subparagraphs (A)(1) and (A)(2) of Rule 16-601 NMRA, to the extent that any hours of service remained unfulfilled, the remaining commitment can be met in the variety of ways as set forth in Paragraphs B, C and D of Rule 16-601 NMRA. Constitutional, statutory or regulatory restrictions may prohibit or impede government and public sector lawyers and judges from performing the pro bono services outlined in Paragraphs A and B of Rule 16-601 NMRA of the Rules of Professional Conduct. Accordingly, where those restrictions apply, government and public sector lawyers and judges may fulfill their pro bono responsibility by performing services outlined in Paragraphs C and D of Rule 16-601 NMRA. Court attorneys are permitted to provide pro bono legal services if the services are consistent with any rules or policies set forth by the Supreme Court and do not violate any restriction prohibiting them from engaging in the outside practice of law. Full-time justices, judges, hearing officers, and special commissioners are prohibited from providing pro bono legal services. See Rule 21-310 NMRA; Rule 21-004(C) NMRA.

Attorneys licensed in New Mexico who reside outside of New Mexico may fulfill their pro bono responsibilities in their own state or provide monetary contributions to organizations providing assistance in New Mexico.

To facilitate the goals of this rule the Supreme Court adopted an order on April 28, 2006, establishing district court pro bono committees in each judicial district. Under the Pro Bono Plan adopted by the Court, a local pro bono committee convened by the chief judge and comprised of local lawyers, judges, legal service providers and other interested participants shall establish a local pro bono plan. The time deadlines and content for local pro bono plans shall be recommended by the Supreme Court's Access to Justice Commission and established by further administrative order of the Supreme Court.

[As amended by Supreme Court Order No. S-1-RCR-2024-00073, effective August 23, 2024.]