ROY D. MERCER, LLC v. REYNOLDS

No. 33,830.

292 P.3d 466 (2012)

2013 NMSC 002

ROY D. MERCER, LLC, Petitioner, v. Honorable Matthew G. REYNOLDS, District Court Judge For The Seventh Judicial District Court, Respondent, and Gandy Dancer, LLC, Real Party in Interest, and BNSF Railway Company, Plaintiff/Counter-Defendant.

Supreme Court of New Mexico.

December 6, 2012.


Attorney(s) appearing for the Case

Law & Resource Planning Associates, P.C., Charles Thomas DuMars , Tanya L. Scott , Albuquerque, NM, for Petitioner.

Gary K. King , Attorney General, Scott Fuqua , Assistant Attorney General, Santa Fe, NM, for Respondent.

Rodey, Dickason, Sloan, Akin & Robb, P.A., Charles J. Vigil , Riley, Shane & Keller, P.C., Mark J. Riley , Albuquerque, NM, for Real Party in Interest.

Butt, Thornton & Baehr, P.C., Emily A. Franke , Rodney L. Schlagel , Modrall, Sperling, Roehl, Harris & Sisk, P.A., Paul T. Halajian , Albuquerque, NM, for Plaintiff Counter-Defendant.


OPINION

BOSSON, Justice.

{1} In the practice of law, there is no higher duty than one's loyalty to a client. This duty applies to current and former clients alike. In this case, we are called upon to interpret this duty in light of Rule 16-110(C) NMRA of the Rules of Professional Conduct regarding the imputation of conflicts of interest to law firms. In interpreting and applying the rule to this case, we hold that when an attorney has played...

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