New Mexico Forms Library

Decision Information

Decision Content

13-2407.  Legal malpractice; attorney duty to warn.

A lawyer has a duty to advise the client of negative consequences a reasonable lawyer would conclude may result from the course of action the lawyer recommends. This duty does not require a lawyer to discuss with the lawyer’s client every possibility, no matter how small or remote.

 

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This instruction should be given in cases where a plaintiff claims a lawyer breached the duty of care by failing to inform the client of negative consequences resulting from following the lawyer’s recommendation.

[Adopted by Supreme Court Order No. 17-8300-013, effective for all cases pending or filed on or after December 31, 2017.]

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