New Mexico Supreme Court
Waterbury v. Nelson
July 25, 2024557 P.3d 96
Summary
The New Mexico Supreme Court affirmed the district court’s partial summary judgment, holding that Rule 16-403 of the Rules of Professional Conduct does not create a duty of care to a non‑client and therefore no common law duty exists. The Court also reaffirmed that the Rules may be cited to illustrate the professional standard of care, but that standard must be proved by expert testimony. The decision clarifies that duty is a matter of law determined by policy, not for a jury, and directs revision of Uniform Jury Instruction 13‑2411.