N.M. R. Gov. Paral. Serv. 20-110
A lawyer is responsible to ensure that a paralegal is competent to perform the work which the lawyer delegates to the paralegal.
N.M. R. Gov. Paral. Serv. 20-110
Committee commentary. - Rule 16-101 NMRA of the Rules of Professional Conduct requires a lawyer to represent a client competently. In order to fulfill this obligation, a lawyer must ensure that a paralegal employed by the lawyer, and for whose work the lawyer is ultimately responsible, is able to competently perform the work assigned by the lawyer. This requires that the lawyer be aware of the abilities of a paralegal and delegate to the assistant only those assignments which are within the assistant's capacity to perform competently.
A lawyer who hires a paralegal is responsible for carefully evaluating the paralegal's education and experience to determine if the assistant can competently perform the tasks which it is contemplated will be assigned. Once a paralegal is in the employ of a lawyer, the lawyer has a continuing obligation to closely supervise the work of the paralegal. A lawyer may train a paralegal to perform increasingly complex assignments under the supervision of the lawyer, and a process of gradually escalating the level of difficulty of the type or types of work assigned to the assistant may be used to raise the skill level of a paralegal. Specialized instruction provided to a paralegal, whether through the personal efforts of the lawyer who supervises the assistant or through other means such as seminars or classes, may be helpful in maintaining and raising the assistant's level of competence, but it remains the responsibility of the individual lawyer to determine the extent of the assistant's skills and to delegate to the assistant accordingly. In addition, a lawyer should explain to the paralegal that the paralegal has a duty to inform the lawyer of any assignment which the assistant regards as being beyond his capability.
ANNOTATIONS
The 2004 amendment, effective January 30, 2004, substituted "paralegal" for "legal assistant" and "paralegal's" for "legal assistant's" throughout the rule and committee commentary.