Rule 1-128.9.Appropriateness of collaborative law process

Last verified June 26, 2026

In one sentenceRule 1-128.9 requires a prospective collaborative lawyer, before the agreement is signed, to assess whether the process is appropriate and inform the prospective party of its benefits, risks, and key rules.

Full Text of Rule 1-128.9

Text sizeJump to: (A) (B) (C)

Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall do the following:

A. assess with the prospective party factors the lawyer reasonably believes relate to whether a collaborative law process is appropriate for the prospective party’s matter, including whether there is a history of a coercive or violent relationship as set forth in Rule 1-128.10 NMRA;

B. provide the prospective party with information that the lawyer reasonably believes is sufficient for the party to make an informed decision about the material benefits and risks of a collaborative law process as compared to the material benefits and risks of other reasonably available alternatives for resolving the proposed collaborative matter, such as litigation, mediation, or arbitration; and

C. advise the prospective party of the following:

(1) after signing an agreement, if a party initiates a proceeding or seeks tribunal intervention in a pending proceeding related to the collaborative matter, the collaborative law process terminates;

(2) participation in a collaborative law process is voluntary and any party has the right to terminate a collaborative law process with or without cause; and

(3) the collaborative lawyer and any lawyer in a law firm with which the collaborative lawyer is associated may not appear before a tribunal to represent a party in a proceeding related to the collaborative matter, except as authorized by Rule 1-128.6(C) NMRA.

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 front-loads informed consent. Before a prospective party signs a participation agreement, the prospective collaborative lawyer must assess with the party whether the process is appropriate—including any history of a coercive or violent relationship—and provide enough information for the party to weigh the benefits and risks of collaborative law against alternatives like litigation, mediation, or arbitration.

The lawyer must also advise the party that initiating or seeking court intervention in a related proceeding terminates the process, that participation is voluntary and may be terminated with or without cause, and that the collaborative lawyer and firm may not represent the party in a related proceeding except to seek an order adopting an agreement.

Frequently Asked Questions

What must a lawyer do before a client enters collaborative law?

Assess whether the process is appropriate (including any history of coercion or violence), explain the benefits and risks compared to alternatives, and advise that the process is voluntary and that the lawyer cannot later represent the client in a related court proceeding.

Source & verification. Rule text and Committee commentary reproduced verbatim from the New Mexico Rules of Civil Procedure for the District Courts (Rule 1-128.9 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: appropriatenessinformed decisioncollaborative law adviceprospective party