New Mexico rules
What do New Mexico's lawyer advertising rules require, and does a 1949 statute still bar soliciting injury claims?
New Mexico files no ads and has three advertising rules, but a 1949 statute makes soliciting injury and damage claims a misdemeanor that can cost a lawyer their license.
By Santiago Alvarez, Founder, Ad Hoc Digital
Last updated
The short answer
If you read one part of this page, read this.
New Mexico lawyer advertising is governed by Rules 16-701, 16-702 and 16-703 of the Rules of Professional Conduct in the New Mexico Rules Annotated (NMRA). The Supreme Court of New Mexico last amended them by Order No. 21-8300-014, effective December 31, 2021 (for Rule 16-701, only its commentary changed), and withdrew Rules 16-704 and 16-705. Ads aren't filed. Each communication names at least one responsible lawyer or firm with contact information (Rule 16-702(D)).
The rules reach beyond the firm's own words: Rule 16-701 bars making, eliciting or endorsing a misleading communication, and its commentary gives lawyers a duty to remove, as far as reasonably possible, non-compliant information on social media. A fee claim must show the client's responsibility for costs, if any.
Separately, a 1949 act, now NMSA 1978 Sections 36-2-29 and 36-2-31 to 36-2-38, makes soliciting personal injury, death or property damage claims a misdemeanor, voids the contract as to the lawyer, and adds disbarment or suspension for lawyers. This is a plain summary for marketing planning, not legal advice. Check the current rule with your bar or law society. We work with law firms across the US and Canada, and also in Australia and the UK.
Which rules apply
New Mexico's advertising rules are 16-701 to 16-703 NMRA, with an old statute on claim solicitation beside them.
Rule Set 16 on NMOneSource lists Article 7 as Rules 16-701 to 16-703, then 16-704 to 16-707 as "Withdrawn". Order No. 21-8300-014 last amended each live rule; for 16-701 it revised only the commentary.
| Rule or statute | What it covers | Marketing effect |
|---|---|---|
| 16-701 | No false or misleading communication the lawyer makes, elicits or endorses, including testimonials | Reviews you ask for or share count as your own words |
| 16-702 | Any media; payments for referrals; certified specialist claims; name and contact information | Lead generators allowed under conditions; a responsible lawyer or firm in every ad |
| 16-703 | Solicitation: live contact, people who said no, coercion | No label, filing or waiting period for written outreach under the rule |
| 16-704, 16-705 | Withdrawn effective December 31, 2021 (fields of practice and specialization; firm names) | Firm names now sit in the commentary to 16-701 |
| 16-105(D), (F) | Contingency fee agreements; fee splitting between lawyers | Back up any "no fee" claim with the written agreement terms |
| NMSA 36-2-29 to 36-2-38 | Soliciting damage claims, fee sharing for placing claims, hospital staff, penalties | A criminal and licensing risk for runners and paid referrals on injury claims |
Order No. 21-8300-014, dated November 1, 2021, approved the amendments to Rules 16-701 to 16-703 and withdrew Rules 16-704 and 16-705, effective December 31, 2021. That is the newest change to the advertising rules we found; the Court's approved lists for 2025 and 2026 and its proposed list don't name them. Our ABA Model Rules guide covers the national text New Mexico's commentary follows.
Filing and record keeping
New Mexico files no ads, and the 2008 rewrite dropped the old duty to keep copies.
The annotations to Rule 16-702 say the 2008 amendment deleted the former paragraph that required keeping a copy or recording of advertisements and solicitations, and the 2003 order withdrew the rules on a legal advertising committee.
Name who is responsible
Put at least one responsible lawyer or firm and a contact method in each communication (Rule 16-702(D)).
Test it against Rule 16-701
Look for material misstatements, omissions that mislead, and testimonials or endorsements that mislead.
Check what others post for you
Comment [10] to Rule 16-701 covers statements the lawyer or a nonlawyer assistant makes, endorses or elicits on social media.
Check who you pay
Payments for recommendations fit Rule 16-702(B), and nothing tied to injury claims crosses NMSA 36-2-29 or 36-2-31.
Keep your own copies
No rule requires it now, but saved versions answer later questions about what an ad said.
Compare Texas, next door, where ads are filed with the State Bar within 10 days after first use.
What every ad must include
A New Mexico ad names a responsible lawyer or firm, shows how to reach them, and is honest about costs.
Rule 16-702(D): "Any communication made under this rule must include the name and contact information of at least one lawyer or law firm responsible for its content."
- Contact information (16-702, commentary [12]): a website address, a telephone number, an email address or a physical office location.
- Fees and costs (16-701, commentary [3]): it is misleading to give fee information without the client's responsibility for costs, and a contingent-fee claim must disclose that the client may be responsible for court costs and the expenses of litigation if that's the case.
- Contingency agreements (Rule 16-105(D)): the written agreement states the percentages and expenses and clearly notifies the client of expenses owed whether or not they win.
- Firm names (16-701, commentary [6]): a trade name, website address or social media username is fine unless it implies a link to a government agency, an unconnected lawyer or a legal aid group.
- Multi-state firms (16-701, commentary [7]): lawyer listings in a New Mexico office show the limits on those not licensed in New Mexico.
The costs line is easy to lose when space is short. Our ad copy rules guide shows how to fit it into search ad assets.
Results, testimonials and dramatizations
New Mexico holds lawyers to reviews they ask for or share, and allows results only with context.
Rule 16-701 makes it misconduct to "make, elicit, or endorse" a misleading communication, and lists "a testimonial about, or endorsement of, the lawyer that is misleading" among them.
| Content | New Mexico's rule | Source |
|---|---|---|
| Verdicts and settlements | A true result misleads when shown without each case's facts and law; qualifying language can cure it | 16-701, commentary [4] |
| Claims about services or fees | Unsubstantiated claims and comparisons may mislead if they look provable | 16-701, commentary [4] |
| Testimonials and endorsements | A misleading one breaks the rule, including one the lawyer elicited or endorsed | 16-701 |
| Social media posts by staff | Lawyers and nonlawyer assistants may not make, endorse or elicit misleading statements | 16-701, commentary [10] |
| Non-compliant content online | A duty to remove, to the extent reasonably possible, information known not to comply | 16-701, commentary [10] |
| Urgent-action messages | A truthful message still misleads if it makes a reader believe some step is required when it is not | 16-701, commentary [2] |
The duty to remove is the practical difference: a client review promising results, a staff post overstating a win, or an old profile with outdated claims has to come down once the firm knows about it. Our social media rules guide covers moderation, and our testimonials guide compares other states.
Specialist and certified
New Mexico allows "specializes in", and a certification claim needs a named, recognized certifier.
Rule 16-702(C) bars stating or implying certification as a specialist unless the certifier is the State Bar of New Mexico, an organization approved by an authority of another state, DC or a U.S. territory, or one accredited by the American Bar Association, and it is clearly named.
- Describing a focus (16-702, commentary [9]): "concentrates in", "specialist" or "specializes in" based on experience, training or education, judged by Rule 16-701.
- Naming the certifier (16-702(C)(2)): the certifying organization is clearly identified in the same communication.
- The State Bar route: Order No. 18-8300-018 withdrew Rule Set 19 effective December 31, 2018 and authorized the State Bar to run its own program, now administered by its Legal Specialization Commission. Its policies allow the line "State Bar of New Mexico Certified Specialist in the area of" a named specialty, as far as the rules permit.
- Set titles (commentary [10]): patent and admiralty designations are not barred.
Direct contact and paying for leads
New Mexico's rule bans live solicitation; its statute reaches anyone who solicits or pays to place an injury claim.
Rule 16-703 follows the model rule's structure. Chapter 36 of NMSA 1978 is older and broader, and applies to "any person", not only lawyers.
- Live contact (16-703(B))
No soliciting by live person-to-person contact for pecuniary gain, unless the person is a lawyer, has a family, close personal or prior professional relationship with the lawyer, or is known to be experienced with using or retaining related legal services.
- Every form (16-703(C))
No solicitation of someone who has said no, and none involving coercion, duress or harassment. The 2021 amendment deleted the former paragraph on required notices for solicitations.
- The solicitation statute (NMSA 36-2-29)
Unlawful for any person to solicit employment for themselves or another to collect a claim for property damage, personal injury or death, to accept employment so solicited, to employ someone to solicit, or to give money or other consideration to the person whose case is sought.
- Fees for placing claims (36-2-31 and 36-2-32)
No one may take part of a lawyer's fee as an inducement for placing a claim, except lawyers dividing fees properly, and hospital staff may not contact lawyers to enable solicitation of a patient.
- Penalties (36-2-34 to 36-2-36)
A misdemeanor with a fine of $100 to $1,000, one to six months in jail, or both; a lawyer is also disbarred or suspended. The employment contract is void as to the lawyer, and the client may recover fees paid. In an injury suit where counsel was solicited, the court stays the case so the client can hire someone else, and that counsel can't appear further.
- Lead generators (16-702, commentary [5])
A lawyer may pay for leads if the generator doesn't recommend the lawyer, the payment fits the fee-splitting and independence rules, and its messages aren't misleading. Don't pay one that implies a recommendation, free referrals or analysis of the person's problem.
The statute doesn't define "solicit", so how far it reaches beyond targeted approaches is a question for counsel, and we treat any per-case payment on an injury claim as off limits. Our paying for leads guide compares states, and the Utah guide covers a referral fee ban starting November 1, 2026.
Channel by channel
What New Mexico's rules mean for search ads, Local Services Ads, social media and AI search content.
Rule 16-702(A) lets a lawyer communicate "through any media", and commentary [1] to Rule 16-703 says a website, banner ad or TV spot aimed at the public is not a solicitation.
| Channel | What the rule means there | The rule |
|---|---|---|
| Google search ads | Firm name and contact in each ad; contingent-fee lines carry the costs disclosure | 16-702(D); 16-701 cmt [3] |
| Local Services Ads | Advertising costs are allowed under 16-702(B)(1); reviews shown on the profile that the firm asked for must not mislead | 16-702(B)(1); 16-701 |
| Facebook and Instagram ads | Results need context; actors shouldn't leave the impression of a real client | 16-701 cmt [4] |
| Social media posts | Staff posts count, and the firm removes non-compliant content it knows about | 16-701 cmt [10] |
| Website and AI search content | Bios and FAQ pages that AI search tools may quote carry the same standards, and outdated claims come down | 16-701; 16-702(C), (D) |
How the two Google programs differ is in our Local Services Ads vs Google Ads guide. Our Local Services Ads service sets up profiles and reviews within these limits.
What we check
Our New Mexico review: the firm's online footprint first, then anyone paid around injury cases.
When we review a New Mexico firm's marketing, we check old posts, profiles and reviews the firm controls first, because commentary [10] to Rule 16-701 makes removing known non-compliant content part of the duty.
Sweep the footprint
Posts, profiles and replies the firm controls are checked, and anything promising results or claiming certification without a named certifier comes down.
Add the costs line
Every "no fee" or contingency claim says the client may be responsible for court costs and litigation expenses.
Confirm the contact line
Each ad and post names a responsible lawyer or firm and one way to reach them.
List everyone paid
Lead vendors, referral partners and any outside helpers go on one list for the firm's lawyers to test against Rule 16-702(B) and NMSA 36-2-29 and 36-2-31.
Brief the staff
Assistants who post for the firm know they can't make or endorse misleading claims.
One case study, Went From a Few Calls in a Month to 5 Cases in 1 Day, comes from an employment and injury firm; the numbers are the firm's result, not an ad claim. For that practice, see our employment law marketing page. Neighbouring states: Arizona and Colorado.
Common mistakes
Where firms go wrong.
New Mexico mistakes we look for in accounts firms bring to us.
Leaving misleading reviews and posts up
Commentary [10] to Rule 16-701 asks lawyers to remove, to the extent reasonably possible, non-compliant information they know about.
"No fee" with no costs line
Commentary [3] to Rule 16-701 treats a contingent-fee claim without the costs disclosure as misleading where the client may owe costs.
Paying anyone to bring in injury claims
NMSA 36-2-29 and 36-2-36 make soliciting damage claims, or employing someone to do it, a misdemeanor with disbarment or suspension for lawyers.
A lead vendor that sounds like a recommendation
Commentary [5] to Rule 16-702 bars paying a generator that implies it recommends the lawyer or analyzed the person's legal problem.
No contact line
Rule 16-702(D) requires the name and contact information of at least one responsible lawyer or firm.
Real results
What this looked like for real firms.
Published employment, injury, DUI and family law results, from firms whose case studies don't name their state.
Identifying details are anonymized to protect our clients. Individual result, not a promise or prediction of any specific outcome for your firm.
FAQ
Questions lawyers ask us.
Straight answers to the questions that come up most.
Do New Mexico lawyers file their ads?
No. Rules 16-701 to 16-703 have no filing or review step, the 2003 order withdrew the rules on a legal advertising committee, and the 2008 amendment deleted the old duty to keep copies.
Can New Mexico lawyers use client reviews?
Yes, if they aren't misleading. Rule 16-701 covers testimonials and endorsements the lawyer makes, elicits or endorses, and commentary [10] adds a duty to remove known non-compliant information where reasonably possible.
Is there a waiting period before contacting accident victims in New Mexico?
Rule 16-703 sets none; it bans live person-to-person solicitation of strangers and pressure in any form. NMSA 36-2-29 separately makes soliciting personal injury and death claims unlawful, so get counsel's view before any targeted outreach.
Can a New Mexico firm pay for leads?
Commentary [5] to Rule 16-702 allows paying lead generators that don't recommend the lawyer and whose messages aren't misleading. Paying for recommendations is limited to the exceptions in Rule 16-702(B).
Can a New Mexico lawyer say "board certified"?
Only with certification from the State Bar of New Mexico, an organization approved by another state, DC or territorial authority, or an ABA-accredited organization, named in the ad (Rule 16-702(C)). The State Bar's Legal Specialization Commission runs the program the Court authorized when it withdrew Rule Set 19 in 2018.
What does a "no fee" ad need in New Mexico?
If the client may owe costs without a recovery, the ad must also say the client may be responsible for court costs and the expenses of litigation (commentary [3] to Rule 16-701).
How does New Mexico compare with Texas and other states?
Texas files ads within 10 days after first use; New Mexico files nothing. Our state-by-state list shows every jurisdiction we cover.
Where we do this
The services this guide touches.
What this looks like when we run it for a firm, with a demo for your practice on each page.
Sources
Where these facts come from.
Official pages we read when writing this page. We couldn't open the Disciplinary Board's website, because its address didn't load, so this guide relies on the Court's rules and orders, the State Bar's specialization pages and the statutes. Platforms and rules change, so check the current version before you act on any of it. This is marketing guidance, not legal advice.
- New Mexico Rules Annotated (NMOneSource), list of current rule sets
- New Mexico Rules Annotated (NMOneSource), Rule Set 16, Rules of Professional Conduct, including Rules 16-701 to 16-707 and 16-105
- New Mexico Rules Annotated (NMOneSource), Rule Set 19, Rules of Legal Specialization (withdrawn)
- State Bar of New Mexico, Legal Specialization
- State Bar of New Mexico, Legal Specialization Program Policies and Procedures (July 22, 2022)
- Supreme Court of New Mexico, Order No. 21-8300-014 amending Rules 16-701 to 16-703 and withdrawing 16-704 and 16-705 (effective December 31, 2021)
- Supreme Court of New Mexico, Approved Amendments to Rules and Forms
- Supreme Court of New Mexico, Proposed Amendments to Rules and Forms
- New Mexico Statutes Annotated 1978 (NMOneSource), Chapter 36 Attorneys, Sections 36-2-29 to 36-2-38
Written by
Founder of Ad Hoc Digital. Leads strategy and works directly with every client firm on AI search, Local Services Ads, Google Ads and Meta ads.
More about SantiagoWant a second pair of eyes on this?
Book a free 30-minute call. Tell us how cases come in today, and we'll tell you straight what we'd change, and whether we can help.