reglab/housing_qa huggingface dataset:
NM Stat § 36-2-13.1 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 2 - Regulation of Attorneys|Section 36-2-13.1 - Liability for court reporting costs.

A. Except as provided in Subsection C of this section, an attorney who engages a court reporter to perform court reporting services shall be jointly and severally liable with the client for whom the services were performed for costs of: (1) the shorthand reporting of the proceedings; (2) transcribing the proceedings; and (3) each copy of the transcript of proceedings requested by the attorney. B. Any other attorney who orders a copy or transcript of proceedings shall be jointly and severally liable with his client for the costs of preparing the copy he orders. C. An attorney may agree in writing with the court reporter prior to the commencement of the proceedings that he shall not be liable for costs related to the proceedings. An attorney may also make a statement into the record at the commencement of the proceedings that he shall not be liable for costs. The court reporter may at that time choose not to record the proceedings at no liability to the court reporter. D. As used in this section, "attorney" means a person engaged in the practice of law. E. As used in this section, "court reporter" means a person who engages in the verbatim recording of judicial proceedings and who possesses a certificate as a New Mexico certified court reporter. History: Laws 1993, ch. 125, § 1. ANNOTATIONSEffective dates. — Laws 1993, ch. 125 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1993, 90 days after adjournment of the legislature. Cross references. — For licensing of court reporters, see Rule 22-201 NMRA. Constitutionality. — This section is not an unconstitutional encroachment upon the power of the judiciary to regulate the practice of law. Trambley v. Wyman, 1998-NMCA-035, 125 N.M. 13, 956 P.2d 144, cert. denied, 124 N.M. 589, 953 P.2d 1087. Conflict with rules. — This section does not conflict with Rule 16-108E(1) NMRA, Rules of Professional Conduct. Trambley v. Wyman, 1998-NMCA-035, 125 N.M. 13, 956 P.2d 144, cert. denied, 124 N.M. 589, 953 P.2d 1087. Joinder of parties. — Court reporter was not required to join an attorney's former client as an indispensable party in a proceeding to recover her costs for court reporting services. Trambley v. Wyman, 1998-NMCA-035, 125 N.M. 13, 956 P.2d 144, cert. denied, 124 N.M. 589, 953 P.2d 1087.
NM Stat § 36-2-14 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 2 - Regulation of Attorneys|Section 36-2-14 - [Method for changing attorney; notice.]

The attorney in any action or proceeding may be changed at any time before judgment or after final determination, as follows: A. upon his own consent filed with the clerk or entered upon the minutes; B. upon the order of the court or the judge thereof, upon application of the client after notice to the attorney. And when such change is made as provided in this section written notice of the change and of the substitution of a new attorney must be given to the adverse party; until such notice he must recognize the former attorney. History: Laws 1909, ch. 53, § 32; Code 1915, § 359; C.S. 1929, § 9-133; 1941 Comp., § 18-113; 1953 Comp., § 18-1-13. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — This section, with changes, has been incorporated in the Rules of Civil Procedure for the District Courts. See Rule 1-089. Cross references. — For withdrawal or substitution of attorneys in civil or criminal appellate proceedings, see Rule 12-302. Am. Jur. 2d, A.L.R. and C.J.S. references. — 7 Am. Jur. 2d Attorneys at Law § 148. Rights and remedies of client as regards papers and documents on which attorney has retaining lien, 3 A.L.R.2d 148. Duties, rights, and remedies between attorney and client where attorney purchases property of client at or through tax, execution, or judicial sale, 20 A.L.R.2d 1280. Liability in tort for interference with attorney-client relationship, 90 A.L.R.4th 621. 7A C.J.S. Attorney and Client §§ 227 to 233.
NM Stat § 36-2-15 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 2 - Regulation of Attorneys|Section 36-2-15 - [Death, removal, etc., of attorney; procedure.]

When an attorney dies or is removed or suspended, or ceases to act as such, a party to an action or proceeding for whom he was acting must, before any further proceedings are had against him, be required by the adverse party, by written notice to appoint another attorney or to appear in person. History: Laws 1909, ch. 53, § 33; Code 1915, § 360; C.S. 1929, § 9-134; 1941 Comp., § 18-114; 1953 Comp., § 18-1-14. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For withdrawal or substitution of attorneys in civil or criminal appellate proceedings, see Rule 12-302 NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. — 7 Am. Jur. 2d Attorney at Law § 146. 7A C.J.S. Attorney and Client § 223.
NM Stat § 36-2-16 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 2 - Regulation of Attorneys|Section 36-2-16 - [Breach of confidence; deserting or jeopardizing client; penalty.]

Any attorney or attorneys, counselor or counselors, defender or defenders whatever, in the courts of this state, who maliciously reveal the secrets of their client to the opposite party, or who, being charged with the defense of one party, and having informed himself of his cause and means of defense, shall desert him and defend the other, or who in any way whatever shall knowingly jeopardize his client in order to favor the opponent or derive some personal profit, or because greater fees have been proffered him after having been retained by his client, upon conviction of such an offense before any court whatsoever of this state, justice of the peace [magistrate court], probate judge or district court, shall be fined in a sum double the amount he may have received for the defense of the cause, and all fines that may result shall accrue one-half to the funds of the counties and the other half to the funds of the state; and upon conviction, he shall be deprived of the exercise of such office of attorney, counselor or defender. History: Laws 1863-1864, p. 32; C.L. 1865, ch. 11, § 1; C.L. 1884, § 819; C.L. 1897, § 1213; Code 1915, § 354; C.S. 1929, § 9-128; 1941 Comp., § 18-115; 1953 Comp., § 18-1-15. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. The office of justice of the peace was abolished and all jurisdiction, powers and duties were transferred to magistrate courts. See 35-1-38 NMSA 1978. Compiler's notes. — That part of this section relating to the disposition of fines may be superseded by N.M. Const., art. XII, § 4, which reads in part: "All fines and forfeitures collected under general laws * * * shall constitute the current school fund of the state." Cross references. — For disbarment and suspension generally, see 36-2-18 to 36-2-23 NMSA 1978. For provisions of Rules of Professional Conduct, see Rule 16-101 NMRA et seq. For provisions of Rules Governing Discipline, see Rule 17-101 NMRA et seq. Am. Jur. 2d, A.L.R. and C.J.S. references. — 7 Am. Jur. 2d Attorneys at Law § 32. Propriety and effect of attorney representing interest adverse to that of former client, 52 A.L.R.2d 1243. Conflicting interests: what constitutes representation of conflicting interests subjecting attorney to disciplinary action, 17 A.L.R.3d 835. Restitution: power of court to order restitution to wronged client in disciplinary proceeding against attorney, 75 A.L.R.3d 307. Communication with party represented by counsel as ground for disciplining attorney, 26 A.L.R.4th 102. Attorney's disclosure, in federal proceedings, of identity of client as violating attorney-client privilege, 84 A.L.R. Fed. 852. 7 C.J.S. Attorney and Client §§ 43 to 58, 76 to 87.
NM Stat § 36-2-17 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 2 - Regulation of Attorneys|Section 36-2-17 - [Deceit or collusion; damages; disbarment.]

If an attorney is guilty of deceit or collusion or consents thereto with intent to deceive the court, judge or party, he shall forfeit to the injured party, treble damages to be recovered in a civil action, and may, if in the opinion of the board of bar examiners such conduct warrants it, be disbarred. History: Laws 1909, ch. 53, § 28; Code 1915, § 355; C.S. 1929, § 9-129; 1941 Comp., § 18-116; 1953 Comp., § 18-1-16. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For disbarment and suspension generally, see 36-2-18 to 36-2-23 NMSA 1978. For provisions of Rules of Professional Conduct, see Rule 16-101 NMRA et seq. For Rules Governing Discipline, see Rule 17-101 NMRA et seq. The terms "the court, judge or party" suggest that the statute applies only in the context of judicial proceedings. An action for deceit and collusion does not lie outside the context of pending judicial proceedings. An action against an attorney representing a two-person partnership who deceived one of the partners is not cognizable under this section. Richter v. Van Amberg, 97 F. Supp. 2d 1255 (D.N.M. 2000) Applicability in bankruptcy proceedings. — A claim of violation of Section 36-2-17 NMSA 1978 in conduct occurring during the appeals process arising after the magistrate court action does not fall under the auspices of the bankruptcy court's post-dismissal jurisdiction. Kline v. Tiedemann, 424 B. R. 516 (D.N.M. 2010) Am. Jur. 2d, A.L.R. and C.J.S. references. — 7 Am. Jur. 2d Attorneys at Law § 180. Divorce: participation in allegedly collusive or connived divorce proceedings as subjecting attorney to disciplinary action, 13 A.L.R.3d 1010. 7 C.J.S. Attorney and Client § 23; 7A C.J.S. Attorney and Client, § 138.
NM Stat § 36-2-19 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 2 - Regulation of Attorneys|Section 36-2-19 - [Conviction of crime; certifying copy of record to supreme court; disbarment.]

In the case of the conviction of an attorney of a felony or of a misdemeanor involving moral turpitude, the clerk of the court in which such conviction is had must within thirty days thereafter, transmit to the supreme court a certified copy of the record of conviction, and the supreme court upon receipt of such record, after judgment of such conviction, is filed, must enter an order disbarring such attorney. History: Laws 1909, ch. 53, § 35; Code 1915, § 363; C.S. 1929, § 9-137; 1941 Comp., § 18-118; 1953 Comp., § 18-1-18. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For provisions of Rules Governing Discipline, see Rule 17-101 et seq. Am. Jur. 2d, A.L.R. and C.J.S. references. — 7 Am. Jur. 2d Attorneys at Law §§ 50 to 57. Constitutionality of statute providing for disbarment of attorneys convicted of crime, 32 A.L.R. 1068. Violation of liquor law as infamous crime or offense involving moral turpitude, 40 A.L.R. 1048, 48 A.L.R. 266, 71 A.L.R. 217. Trial and conviction as necessary condition of disbarment proceeding based in whole or in part on charge amounting to crime, 90 A.L.R. 1111. Admissibility in proceeding to inquire into conduct of attorney, of evidence or record in separate proceeding involving or indicating his corrupt or improper conduct, 161 A.L.R. 898. Governing law as to the existence or character of offense for which one has been convicted in a federal court or court of another state, as bearing upon disqualification to practice as attorney, 175 A.L.R. 798. Homicide or assault as ground for disciplinary measures against attorney, 21 A.L.R.3d 887. Pardon as defense to disbarment of attorney, 59 A.L.R.3d 466. License: entrapment as a defense in proceedings to revoke or suspend license to practice law or medicine, 61 A.L.R.3d 357. Federal income tax conviction as involving moral turpitude warranting disciplinary action against attorney, 63 A.L.R.3d 476. Federal income tax conviction as constituting nonprofessional misconduct warranting disciplinary action against attorney, 63 A.L.R.3d 512. Mental or emotional disturbance as defense to or mitigation of charges against attorney in disciplinary proceeding, 26 A.L.R.4th 995. 7 C.J.S. Attorney and Client §§ 71 to 74.
NM Stat § 36-2-20 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 2 - Regulation of Attorneys|Section 36-2-20 - [Attorneys who are partners of or related to district attorney; restrictions on practice.]

No attorney-at-law, who is at the time a partner of any district attorney, or the father, son or brother of a district attorney, shall defend in any court any person charged with any criminal offense, or appear in any civil action against the state in which it is the duty of such district attorney to prosecute or appear for the state. A violation of the provisions of this act [section] shall be grounds for disbarment. History: Laws 1933, ch. 172, § 1; 1941 Comp., § 18-119; 1953 Comp., § 18-1-19. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For limitation on private practice of district attorneys, see 36-1-4 NMSA 1978.
NM Stat § 36-2-21 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 2 - Regulation of Attorneys|Section 36-2-21 - [Judgment of disbarment.]

Upon conviction of the accused in cases arising under the first subdivision of Section 36-2-18 NMSA 1978, the judgment of the court must be that the name of the party be stricken from the roll of attorneys of the court, and that he be precluded from practicing as such attorney in all the courts of this state and upon conviction in other cases the judgment of the court may be, according to the gravity of the offense charged, deprivation of the right to practice as an attorney in the courts of this state permanently or for a limited period. History: Laws 1909, ch. 53, § 45; Code 1915, § 373; C.S. 1929, § 9-147; 1941 Comp., § 18-120; 1953 Comp., § 18-1-20. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For provisions of Rules Governing Discipline, see Rule 17-101 et seq. Am. Jur. 2d, A.L.R. and C.J.S. references. — 7 Am. Jur. 2d Attorneys at Law § 69. Abatement of disbarment proceedings, 76 A.L.R. 674. Review of disbarment by mandamus, 95 A.L.R. 1425. Proceedings before state bar or to investigation of charge against members and as to discipline or disbarment, 114 A.L.R. 168, 151 A.L.R. 617. Prohibition to control action of bar authority in disciplinary measures, 115 A.L.R. 33, 159 A.L.R. 627. Admissibility in proceeding to inquire into conduct of attorney of evidence or record in separate proceeding involving or indicating his corrupt or improper conduct, 161 A.L.R. 898. Bias of members of license revocation board, 97 A.L.R.2d 1210. 7 C.J.S. Attorney and Client § 36.
NM Stat § 36-2-22 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 2 - Regulation of Attorneys|Section 36-2-22 - [Payment of costs in disbarment proceedings.]

In all disbarment proceedings where the respondent is disbarred or suspended from practice, the costs of such proceedings shall be taxed against such respondent. Where such respondent is reprimanded only, the costs, at the option of the court may be taxed either against the respondent or the state, or may be apportioned. If such respondent be discharged he shall pay no costs, but such costs shall be paid out of the court fund of the county of the residence of the respondent, upon order of the court trying such cause. If the respondent shall have no property subject to execution, and such fact be established to the satisfaction of the court trying such cause, such court may order the costs incurred by the state in prosecuting such cause, to be paid out of the court fund of the county of the residence of such respondent. History: Laws 1917, ch. 41, § 1; C.S. 1929, § 9-148; 1941 Comp., § 18-121; 1953 Comp., § 18-1-21. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For provisions of Rules Governing Discipline, see Rule 17-101 NMRA et seq. Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A C.J.S. Attorney and Client § 119.
NM Stat § 36-2-23 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 2 - Regulation of Attorneys|Section 36-2-23 - [Effect of disbarment; reinstatement.]

Every judgment or order of disbarment or suspension made in pursuance of this chapter by the supreme court of this state, shall operate while it continues in force to deny the party against whom the same is rendered the right to appear in any of the courts of this state; but an attorney-at-law, who by such order or judgment of the supreme court has been disbarred from practice or suspended for a longer period than two years for any offense not indictable, on application to the supreme court may be reinstated as such attorney in the discretion of the court at any time after two years from the date of such judgment. History: Laws 1909, ch. 53, § 46; Code 1915, § 374; C.S. 1929, § 9-149; 1941 Comp., § 18-122; 1953 Comp., § 18-1-22. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The 1915 Code compilers substituted "this chapter" for "this act," presumably to refer to Code 1915, ch. 8, §§ 327 to 376, the operative provisions of which are compiled as 36-2-10 to 36-2-19, 36-2-21, 36-2-23, 36-2-24 and 36-2-27 NMSA 1978. Cross references. — For provisions of Rules Governing Discipline, see Rule 17-101 NMRA et seq. Effect of order of suspension. — After an order of suspension from practice in all of the courts of the state, it is a contempt of court for an attorney to hold himself out as an attorney at law. State ex rel. Patton v. Marron, 1917-NMSC-039, 22 N.M. 632, 167 P. 9. An order of suspension from practice in "all of the courts of this state" prohibits an attorney at law from practicing in the probate or other inferior courts during the term of such suspension. State ex rel. Patton v. Marron, 1917-NMSC-039, 22 N.M. 632, 167 P. 9. Disbarred attorney who is not a bona fide resident of the state is not eligible to reinstatement, such application being in effect one for admission to practice. In re Fleming, 1932-NMSC-021, 36 N.M. 93, 8 P.2d 1063. Am. Jur. 2d, A.L.R. and C.J.S. references. — 7 Am. Jur. 2d Attorneys at Law §§ 19, 20, 70 to 72. Pardon as restoring license or other special privilege or office forfeited by conviction, 58 A.L.R.3d 1191. Continued practice: disbarment or suspension of attorney in one state as affecting right to continue practice in another state, 81 A.L.R.3d 1281. Reinstatement of attorney, 83 A.L.R.3d 871. 7A C.J.S. Attorney and Client §§ 120 to 130.
NM Stat § 36-2-24 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 2 - Regulation of Attorneys|Section 36-2-24 - [License fraudulently obtained; revocation.]

The supreme court may revoke the license of any attorney at any time within three years after the same is granted, upon satisfactory showing that the same was obtained by false representations, fraud or deceit. History: Laws 1909, ch. 53, § 47; Code 1915, § 375; C.S. 1929, § 9-150; 1941 Comp., § 18-123; 1953 Comp., § 18-1-23. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For disciplinary procedure generally, see Rule 17-101 NMRA et seq. Am. Jur. 2d, A.L.R. and C.J.S. references. — 7 Am. Jur. 2d Attorneys at Law § 23. 7 C.J.S. Attorney and Client § 70.
NM Stat § 36-2-25 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 2 - Regulation of Attorneys|Section 36-2-25 - Repealed.

ANNOTATIONSRepeals. — Laws 1979, ch. 143, § 2, repealed 36-2-25 NMSA 1978, relating to payment of annual license fee to the board of commissioners of the state bar. For present provisions, see Rule 24-102 NMRA.
NM Stat § 36-2-26 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 2 - Regulation of Attorneys|Section 36-2-26 - [Annual meetings of state bar; annual election.]

There shall be an annual meeting presided over by the president of the state bar, open to all members of the bar in good standing, and held at such time and place as the board of commissioners may designate, for the discussion of the affairs of the bar and the administration of justice. At noon on the last day of such meeting the annual election shall close and the ballots [be] canvassed and the results announced. History: Laws 1925, ch. 100, § 11; C.S. 1929, § 9-211; 1941 Comp., § 18-125; 1953 Comp., § 18-1-25. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For annual meeting of state bar, see Rule 24-103 NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. — 7 C.J.S. Attorney and Client § 8.
NM Stat § 36-2-28 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 2 - Regulation of Attorneys|Section 36-2-28 - Repealed.

History: Laws 1925, ch. 100, § 12; C.S. 1929, § 9-212; 1941 Comp., § 18-127; 1953 Comp., § 18-1-27; repealed by Laws 2011, ch. 107, § 3.ANNOTATIONSRepeals. — Laws 2011, ch. 107, § 3 repealed 36-2-28 NMSA 1978, as enacted by Laws 1925, ch. 100, § 12, relating to practicing law without a valid license, effective July 1, 2011. For provisions of former section, see the 2010 NMSA 1978 on NMOneSource.com.
NM Stat § 36-2-28.1 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 2 - Regulation of Attorneys|Section 36-2-28.1 - Unauthorized practice of law; private remedies.

A. A person likely to be damaged by an unauthorized practice of law in violation of Section 36-2-27 NMSA 1978 may bring an action for an injunction against the alleged violator. An injunction shall be granted pursuant to the principles of equity and on terms that the court considers reasonable. Proof of monetary damage or loss of profit is not required for an injunction to be granted pursuant to this subsection. B. A person who suffers a loss of money or other property as a result of an unauthorized practice of law in violation of Section 36-2-27 NMSA 1978 may bring an action for the greater of actual damages or one thousand dollars ($1,000) and for the restitution of any money or property received by the alleged violator, provided that if the court finds that the alleged violator willfully engaged in the unauthorized practice of law, the court may award up to three times the actual damages or three thousand dollars ($3,000), whichever is greater. C. A person bringing an action pursuant to Subsection A or B of this section shall, if the person prevails, also be awarded attorney fees and costs. D. The relief provided by this section is in addition to other remedies available at law or equity. History: Laws 2011, ch. 107, § 1. ANNOTATIONSEffective dates. — Laws 2011, ch. 107, § 4 made Laws 2011, ch. 107, § 1 effective July 1, 2011.