In one sentenceRule 1-128.10 requires a collaborative lawyer to make reasonable inquiry, and to keep assessing, whether a party has a history of a coercive or violent relationship with another party.
A.Reasonable inquiry. Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall make reasonable inquiry whether the prospective party has a history of a coercive or violent relationship with another prospective party.
B.Continuing assessment. Throughout a collaborative law process, a collaborative lawyer reasonably and continuously shall assess whether the party the collaborative lawyer represents has a history of a coercive or violent relationship with another party.
End
Rule History
[Adopted by Supreme Court Order No. 16-8300-020, effective for all cases pending or filed on or after December 31, 2016.]
Plain-English Summary
This rule guards against using collaborative law where it is unsafe. Before a prospective party signs the agreement, the prospective collaborative lawyer must make reasonable inquiry whether that party has a history of a coercive or violent relationship with another prospective party. Throughout the process, the collaborative lawyer must reasonably and continuously assess whether the party they represent has such a history.
Frequently Asked Questions
Does a collaborative lawyer have to screen for domestic violence?
Yes. The lawyer must make reasonable inquiry before the agreement is signed and continuously assess throughout the process whether the client has a history of a coercive or violent relationship.
Source & verification. Rule text and Committee commentary reproduced verbatim from the
New Mexico Rules of Civil Procedure for the District Courts (Rule 1-128.10 NMRA), published by the New Mexico Compilation Commission (NMOneSource).
Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. ·
Official source
Also known as:coercive relationshipviolent relationshipreasonable inquirydomestic violence screening