reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 36 - Attorneys › Article 2 - Regulation of Attorneys › Section 36-2-2 to 36-2-9 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1979, ch. 143, § 2, repealed 36-2-2 to 36-2-9 NMSA 1978, relating to the board of commissioners of the state bar and the state board of bar examiners. For present provisions,
see
36-2-9.1 NMSA 1978.
2023 New Mexico Statutes › Chapter 36 - Attorneys › Article 2 - Regulation of Attorneys › Section 36-2-9.1 - Exclusion.

The board of bar commissioners of the state bar and the state board of bar examiners are bodies of the judicial department and are not a state agency nor their employees public employees for purposes of workmen's compensation coverage, public employment retirement programs or social security coverage.
History:
Laws 1979, ch. 143, § 1.
2023 New Mexico Statutes › Chapter 36 - Attorneys › Article 2 - Regulation of Attorneys › Section 36-2-12 - [Proof of authority; stay of proceedings.]

The court may, on motion of either party and on showing of reasonable grounds thereof, require the attorney for the adverse party or for any one of the several adverse parties to produce or prove by his oath or otherwise the authority under which he appears and until he does so, may stay all proceedings by him on behalf of the parties for whom he assumes to appear.
History:
Laws 1909, ch. 53, § 30; Code 1915, § 357; C.S. 1929, § 9-131; 1941 Comp., § 18-111; 1953 Comp., § 18-1-11.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Order under this section does not deprive the affected party of his right to counsel of his choice.
State v. Evans
, 1976-NMCA-113, 89 N.M. 765, 557 P.2d 1114, cert. denied, 90 N.M. 7, 558 P.2d 619.
Failure of trial court to require proof held proper.
— Where no action was or had ever been taken at any time by the board of trustees of community land grant to renounce or rescind any action taken by its attorney on its behalf, the trial court acted within its discretion in declining to require the attorney to produce further proof of his authority to represent the board of trustees.
Board of Trustees v. Montano
, 1971-NMSC-025, 82 N.M. 340, 481 P.2d 702.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
7A C.J.S. Attorney and Client § 170.
2023 New Mexico Statutes › Chapter 36 - Attorneys › Article 2 - Regulation of Attorneys › Section 36-2-13 - [Attorneys prohibited from acting as surety for clients.]

No practicing attorney shall be a surety in any action or proceeding in which he is an attorney in any of the courts in this state.
History:
Laws 1909, ch. 53, § 31; Code 1915, § 358; C.S. 1929, § 9-132; 1941 Comp., § 18-112; 1953 Comp., § 18-1-12.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Scope of authority.
— Where defendant did not personally sign the answer as her attorney or to make the admission on her behalf, then his signature on her behalf to the answer as her attorney or to make the admission on her behalf, then his signature on her behalf to the answer in the prior suit, in which appears the admission of the debt now sued upon, but in her answer in the present suit she admits her deceased husband signed the answer in the prior suit as attorney for her and himself, and no question has been raised as to his authority to sign the answer as her attorney or to make the admission on her behalf, then his signature on her behalf to the answer in the prior suit had the same effect as if she had personally signed.
Smith v. Walcott
, 1973-NMSC-074, 85 N.M. 351, 512 P.2d 679 (decided under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
7 Am. Jur. 2d Attorneys at Law §§ 129 to 167.
Compelling admission to membership in professional association or society, 89 A.L.R.2d 964.
7A C.J.S. Attorney and Client §§ 191 to 217, 280 to 384.
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 New Mexico Statutes › Chapter 36 - Attorneys › Article 2 - Regulation of Attorneys › Section 36-2-25 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 107, § 4 made Laws 2011, ch. 107, § 1 effective July 1, 2011.
2023 New Mexico Statutes › Chapter 36 - Attorneys › Article 2 - Regulation of Attorneys › Section 36-2-28.2 - Unauthorized practice of law; action by attorney general or bar association.

A. Whenever the attorney general, the state bar of New Mexico or a local bar association authorized by the state bar of New Mexico to prosecute actions related to the unauthorized practice of law has reason to believe that a person has engaged in the unauthorized practice of law in violation of Section 36-2-27 NMSA 1978 or has aided or abetted another person in the unauthorized practice of law and the initiation of legal proceedings would be in the public interest, the attorney general or bar association may bring an action in the name of the state against the alleged violator. The action may be brought in the district court for the county in which the alleged violator resides or has a principal place of business or in the district court for a county in which the alleged violation took place. In an action brought pursuant to this section, in addition to civil penalties, the attorney general or bar association may petition the court for a temporary or permanent injunction and restitution and, if seeking a temporary or permanent injunction, the attorney general or bar association shall not be required to post bond.
B. In lieu of filing or continuing an action pursuant to this section, the attorney general or bar association may accept a written assurance of discontinuance of the unauthorized practice of law from the alleged violator. The assurance may contain an agreement by the alleged violator that restitution of money or property received from them in any transaction related to the unauthorized practice will be made to all persons, provided that a person harmed by the unauthorized practice is not required to accept restitution. If the offer of restitution is accepted, the person accepting the restitution is barred from recovering damages from the alleged violator in an action based upon the same unauthorized practice.
C. In an action brought by the attorney general or bar association pursuant to this section, if the court finds the alleged violator engaged in the unauthorized practice of law, the court may impose a civil penalty not to exceed five thousand dollars ($5,000) per violation. In addition, if the court finds that a person has aided or abetted another to engage in the unauthorized practice of law, the court may impose a civil penalty not to exceed one thousand dollars ($1,000) for the first violation and a civil penalty not to exceed five thousand dollars ($5,000) for each subsequent violation.
History:
Laws 2011, ch. 107, § 2.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 107, § 4 made Laws 2011, ch. 107, § 2 effective July 1, 2011.
2023 New Mexico Statutes › Chapter 36 - Attorneys › Article 2 - Regulation of Attorneys › Section 36-2-29 - [Direct and indirect solicitation of damage claims declared illegal.]

It shall be unlawful for any person to solicit employment for himself or for another in the collection of any claim for damage to property or for damages for personal injuries sustained within this state or elsewhere or for death resulting therefrom, whether to be presented, collected, enforced or prosecuted in this state or elsewhere, or to accept any employment so solicited or to employ any person or agent by, through or on whose behalf such solicitation is made; or directly or indirectly to pay the debts or liabilities of the person from whom such employment is sought, or to lend any money or give or promise to give any money or other consideration to or for the benefit of the person from whom such employment is sought.
History:
1941 Comp., § 18-128, enacted by Laws 1949, ch. 81, § 1; 1953 Comp., § 18-1-28.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For penalty,
see
36-2-36 NMSA 1978.
For provisions of Rules of Professional Conduct,
see
Rule 16-101 NMRA et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
7 Am. Jur. 2d Attorneys at Law §§ 40, 42, 226.
Modern status of law regarding solicitation of business by or for attorney, 5 A.L.R.4th 866.
7 C.J.S. Attorney and Client §§ 76 to 87.
2023 New Mexico Statutes › Chapter 36 - Attorneys › Article 2 - Regulation of Attorneys › Section 36-2-30 - [Solicitation of damage claims; injunction.]

The attorney general or the board of bar commissioners of the New Mexico state bar association or any person, firm, corporation or association against whom any claim for damage to property or damages for personal injuries or for death resulting therefrom, is or has been asserted, may file an action for an injunction in the district court against any person, firm, corporation or association who has solicited employment for himself or itself or another, or for whom employment has been solicited, to collect or prosecute such claim, and in any such action the court, upon finding that such employment was solicited in violation of this act [section], whether such solicitation was successful or unsuccessful, may enjoin and permanently restrain such person, firm, corporation or association, his or its agents, representatives and principals from soliciting any such claims against any person, firm, corporation or association subsequent to the date of the injunction.
History:
1953 Comp., § 18-1-28.1, enacted by Laws 1955, ch. 190, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Modern status of law regarding solicitation of business by or for attorney, 5 A.L.R.4th 866.
2023 New Mexico Statutes › Chapter 36 - Attorneys › Article 2 - Regulation of Attorneys › Section 36-2-31 - [Fee splitting prohibited; division of fees by attorneys excepted.]

It shall be unlawful for any person, firm, corporation or association to divide with or receive from any attorney-at-law, or group of attorneys-at-law, whether practicing in this state or elsewhere, either before or after action is brought, any portion of any fee or compensation charged or received by such attorney-at-law, or any valuable consideration or reward, as an inducement for placing or in consideration of being placed in the hands of such attorney or attorneys-at-law, or in the hands of another person, firm, corporation or association, a claim or demand of any kind, for the purpose of collecting such claim or instituting an action thereon or of representing claimant in the pursuit of any civil remedy for the recovery thereof, or for the settlement or compromise thereof, whether such compromise, settlement, recovery, suit, claim, collection or demand shall be in this state or elsewhere. This paragraph [section] shall not apply to agreements between attorneys to divide compensation received in cases or matters legitimately, lawfully and properly received by them.
History:
1941 Comp., § 18-129, enacted by Laws 1949, ch. 81, § 2; 1953 Comp., § 18-1-29.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For penalty,
see
36-2-36 NMSA 1978.
For provisions of Rules of Professional Conduct,
see
Rule 16-101 NMRA et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
7 Am. Jur. 2d Attorneys at Law § 260.
Fees: attorney's splitting fees with other attorney or laymen as ground for disciplinary proceeding, 6 A.L.R.3d 1446.
Modern status of law regarding solicitation of business by or for attorney, 5 A.L.R.4th 866.
Validity and enforceability of referral fee agreement between attorneys, 28 A.L.R.4th 665.
Attorneys' fees: cost of services provided by paralegals or the like as compensable element of award in state court, 73 A.L.R.4th 938.
Attorney's obligation to share fee award with party representing public interest, 43 A.L.R.5th 793.
7A C.J.S. Attorney and Client § 294.
2023 New Mexico Statutes › Chapter 36 - Attorneys › Article 2 - Regulation of Attorneys › Section 36-2-32 - [Hospital or other employees; communication with attorneys concerning damage claims declared illegal.]

It shall be unlawful for any person in the employ of, or in any capacity attached to or connected with, any hospital, infirmary or other institution, public or private, which receives patients for medical or surgical treatment, to communicate, directly or indirectly, with any attorney-at-law, or any person representing such attorney, for the purpose of enabling such attorney, or any associate or employee of such attorney, to solicit employment to present a claim for damages or prosecute an action for the enforcement thereof, on behalf of any patient in any such institution, or to negotiate or attempt to negotiate the settlement of any such claim.
History:
1941 Comp., § 18-130, enacted by Laws 1949, ch. 81, § 3; 1953 Comp., § 18-1-30.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For penalty,
see
36-2-36 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
7 Am. Jur. 2d Attorneys at Law § 42.
Modern status of law regarding solicitation of business by or for attorney, 5 A.L.R.4th 866.
2023 New Mexico Statutes › Chapter 36 - Attorneys › Article 2 - Regulation of Attorneys › Section 36-2-33 - [Solicitation prosecutions; prima facie evidence of agency.]

The solicitation by any person of another person to employ, or procure or bring about the employment of, any attorney-at-law for the purpose of presenting, collecting, enforcing or prosecuting such a claim for damages, if followed by the employment of said attorney for such purposes, shall, in any prosecution for violation of this act [36-2-29, 36-2-31 to 36-2-38 NMSA 1978] or in any injunction action instituted pursuant to this act, be prima facie evidence that such person so soliciting was an agent, employee or acting on behalf of said attorney at law.
History:
1941 Comp., § 18-131, enacted by Laws 1949, ch. 81, § 4; 1953 Comp., § 18-1-31.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Modern status of law regarding solicitation of business by or for attorney, 5 A.L.R.4th 866.
2023 New Mexico Statutes › Chapter 36 - Attorneys › Article 2 - Regulation of Attorneys › Section 36-2-34 - [Solicitation violation; stay of proceeding; employment of other counsel.]

In any action for personal injury brought in any court of this state, the court, upon being satisfied that the employment of counsel for any party has been solicited in violation of this act [36-2-29, 36-2-31 to 36-2-38 NMSA 1978], shall order all proceedings in the action stayed until such party has been given an opportunity to engage other counsel, and may deny the right to collect costs wholly or in part to any party to the action. Counsel employed in violation hereof shall not be permitted to appear further in the action.
History:
1941 Comp., § 18-132, enacted by Laws 1949, ch. 81, § 5; 1953 Comp., § 18-1-32.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Modern status of law regarding solicitation of business by or for attorney, 5 A.L.R.4th 866.
2023 New Mexico Statutes › Chapter 36 - Attorneys › Article 2 - Regulation of Attorneys › Section 36-2-35 - [Solicited employment contracts void; recovery of compensation paid.]

Any contract of employment obtained or made in violation of this act [36-2-29, 36-2-31 to 36-2-38 NMSA 1978] shall be absolutely void as to the attorney but the client may recover any compensation paid thereunder to or for or received by the attorney on account of such employment.
History:
1941 Comp., § 18-133, enacted by Laws 1949, ch. 81, § 6; 1953 Comp., § 18-1-33.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
7 Am. Jur. 2d Attorneys at Law § 226.
Compensation: attorney's right to compensation as affected by disbarment or suspension before complete performance, 24 A.L.R.3d 1193.
Modern status of law regarding solicitation of business by or for attorney, 5 A.L.R.4th 866.
Attorney's right to compensation as affected by disbarment or suspension before complete performance, 59 A.L.R.5th 693.
7A C.J.S. Attorney and Client § 331.
2023 New Mexico Statutes › Chapter 36 - Attorneys › Article 2 - Regulation of Attorneys › Section 36-2-36 - [Penalty for solicitation.]

Any person who shall violate any of the provisions of this act [36-2-29, 36-2-31 to 36-2-38 NMSA 1978] shall be guilty of a misdemeanor and shall be punished by a fine not less than $100, nor more than $1,000, or by imprisonment for not less than one month nor more than six months, or by both fine and imprisonment, and if such person is an attorney-at-law, in addition to the penalty hereinbefore provided, he shall be disbarred or suspended from acting as an attorney-at-law.
History:
1941 Comp., § 18-134, enacted by Laws 1949, ch. 81, § 7; 1953 Comp., § 18-1-34.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For disbarment generally,
see
36-2-18 to 36-2-23 NMSA 1978.
For provisions of Rules Governing Discipline,
see
Rule 17-101 et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Modern status of law regarding solicitation of business by or for attorney, 5 A.L.R.4th 866.
2023 New Mexico Statutes › Chapter 36 - Attorneys › Article 2 - Regulation of Attorneys › Section 36-2-37 - [Prosecution by attorney general for solicitation.]

Whenever the attorney general has reason to believe that employment as an attorney has been solicited and obtained in violation of this act [36-2-29, 36-2-31 to 36-2-38 NMSA 1978], he shall cause an action to be instituted in the name of the state against the person owning such right of action or to whose benefit the same inures, the person employed to enforce the same and the person against whom such right of action is claimed to exist, or as many of such persons as can be personally served within this state. In any such action the court, upon finding that such employment was solicited and obtained in violation of this act, may enjoin the person solicited and the person employed to prosecute such claim from continuing such employment and from continuing the prosecution of such claim through the person so employed and may further enjoin the person against whom such claim is asserted from settling such claim or negotiating for the settlement thereof with any person so employed. No undertaking shall be required upon the issuance of any temporary or permanent injunction.
History:
1941 Comp., § 18-135, enacted by Laws 1949, ch. 81, § 8; 1953 Comp., § 18-1-35.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For prima facie evidence of agency,
see
36-2-33 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Modern status of law regarding solicitation of business by or for attorney, 5 A.L.R.4th 866.
2023 New Mexico Statutes › Chapter 36 - Attorneys › Article 2 - Regulation of Attorneys › Section 36-2-38 - [Duty to testify in action for solicitation; immunity; perjury.]

No person shall be excused from testifying in any action, civil or criminal, brought in pursuance of this act [36-2-29, 36-2-31 to 36-2-38 NMSA 1978], on the ground that his testimony may expose him to prosecution for any crime or misdemeanor. But no person shall be prosecuted or subjected to any penalty for or on account of any transaction, matter or thing concerning which he may testify or produce evidence, documentary or otherwise, in any such action, excepting a prosecution for perjury committed in giving such testimony.
History:
1941 Comp., § 18-136, enacted by Laws 1949, ch. 81, § 9; 1953 Comp., § 18-1-36.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For right against self-incrimination,
see
N.M. Const., art. II, § 15.
Severability.
— Laws 1949, ch. 81, § 10, provided for the severability of the act if any part or application thereof is held invalid.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Modern status of law regarding solicitation of business by or for attorney, 5 A.L.R.4th 866.
2023 New Mexico Statutes › Chapter 36 - Attorneys › Article 2 - Regulation of Attorneys › Section 36-2-39 - Recompiled.

ANNOTATIONS
Recompilations.
— Former 36-2-39 NMSA 1978 has been recompiled as 39-2-2.1 NMSA 1978 pursuant to an order of the New Mexico compilation commission.
2023 New Mexico Statutes › Chapter 36 - Attorneys › Article 2 - Regulation of Attorneys › Section 36-2-40 - Criminal offender's character evaluation.

The provisions of the Criminal Offender Employment Act [28-2-1 to 28-2-6 NMSA 1978] shall govern any consideration of criminal records required or permitted by Sections 36-2-1 through 36-2-40 NMSA 1978.
History:
1953 Comp., § 18-1-38, enacted by Laws 1974, ch. 78, § 7.
2023 New Mexico Statutes › Chapter 36 - Attorneys › Article 3 - Immigration and Nationality Law Practice › Section 36-3-2 - Purpose.

The purpose of the Immigration and Nationality Law Practice Act is to prevent the unauthorized practice of law by nonlawyers who hold themselves out as immigration consultants rendering services in immigration, nationality or citizenship matters and who are outside pertinent federal regulations regulating the practice of immigration law.
History:
Laws 1987, ch. 60, § 2.
2023 New Mexico Statutes › Chapter 36 - Attorneys › Article 3 - Immigration and Nationality Law Practice › Section 36-3-3 - Definitions.

As used in the Immigration and Nationality Law Practice Act:
A. "immigration consultant" means any person who renders services, including the completion of forms and applications, to a client where the services are related to the client's desire to determine his legal status in an immigration or naturalization matter and who is beyond the scope of federal regulations regulating appearances and practice under the Immigration and Nationality Act of 1952, as amended.
B. "immigration or naturalization matter" includes all matters implicating any law, action, filing or proceeding related to a person's immigration or citizenship status in the United States;
C. "original document" means any document of the United States government or any department or agency thereof, any foreign government, any state government or political subdivision thereof or any other document, including signed affidavits, that would demonstrate physical presence by a person in the United States; and
D. "unauthorized practice of law" occurs where any person gives legal advice of any kind or acts on behalf of a client in any legal matter without authorization under the Immigration and Nationality Law Practice Act.
History:
Laws 1987, ch. 60, § 3.
ANNOTATIONS
Cross references.
— For the federal Immigration and Nationality Act of 1952,
see
8 U.S.C. §§ 1101 to 1503.